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Global Geopolitical Series: ECHR rules in favor of Turkish opposition leader against Erdogan government

Selahattin Demirtaş, one of the key figures in Turkish politics, who is also the leader of the left-wing pro-Kurdish Peoples’ Democratic Party (HDP) has won a case against the Turkish government head by president Recep Tayipp Erdogan at the European Court of Human Rights.

The court found that in the case of Mr. Selahattin Demirtaş, the government has violated his right to be promptly before a judge, violated right to free elections, and violated limitation on use of restrictions on rights and didn’t violate the right to liberty and security, as well as the right to speedy review of the lawfulness of detention.

In its judgment, the court called for an end to Mr. Demirtas’ pre-trial detention,

“The Court accepted that Mr Demirtaş had been arrested and detained on “reasonable suspicion” of having committed a criminal offence. However, having regard to the reasons given by the national courts, the Court found that the judicial authorities had extended Mr Demirtaş’s detention on grounds that could not be regarded as “sufficient” to justify its duration. Although Mr Demirtaş had retained his status as a member of parliament throughout his term of office, the Court found that his inability to take part in the activities of the National Assembly as a result of his pre-trial detention constituted an unjustified interference with the free expression of the opinion of the people and with his right to be elected and to sit in Parliament. The Court found that it had been established beyond reasonable doubt that the extensions of Mr Demirtaş’s detention, especially during two crucial campaigns, namely the referendum and the presidential election, had pursued the predominant ulterior purpose of stifling pluralism and limiting freedom of political debate, which was at the very core of the concept of a democratic society. The Court therefore held, unanimously, that the respondent State was to take all necessary measures to put an end to the applicant’s pre-trial detention.”

It is not clear at the point if the government of president Erdogan, who has a frosty relation with many EU leaders would actually accept the verdict delivered by an EU court. Mr. Erdogan sees the pro-Kurdish politicians as the greatest threat to his Presidency.

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