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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2022)1451/H46-39 |
8 December 2022 |
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1451st meeting, 6-8 December 2022 (DH)
H46-39 Selahattin Demirtaş (No. 2) group v. Turkey (Application No. 14305/17) Supervision of the execution of the European Court’s judgments
Reference document |
The Deputies
1. recalled that in the Selahattin Demirtaş (No. 2) case the Court found that the applicant was detained in the absence of evidence to support a reasonable suspicion he had committed an offence (violation of Article 5, §§ 1 and 3) and that his arrest and pre-trial detention pursued an ulterior purpose (violation of Article 18 taken in conjunction with Article 5); that the lifting of the applicant’s parliamentary immunity and the way the criminal law was applied to penalise him for political speeches were not foreseeable and prescribed by law (Article 10) and that his consequent detention made it effectively impossible for him to take part in the activities of the National Assembly (Article 3 of Protocol No. 1); further recalled that in the Encü and others case the Court found that its reasoning and conclusion under Article 10 in the Selahattin Demirtaş (No. 2) judgment were also applicable;
As regards individual measures
Selahattin Demirtaş (No. 2) case
2. expressed deep regret that, despite the Committee’s repeated calls the Constitutional Court has not delivered its decision and the applicant remains in detention;
3. urged the authorities, once again, to take all possible steps to ensure that the Constitutional Court makes its determination concerning the applicant’s ongoing detention in the shortest possible timeframe and with full regard to the Court’s findings in this case, particularly its reasoning under Article 18 of the Convention, and to assure the applicant’s immediate release for example by exploring alternative measures to detention pending the completion of the proceedings before the Constitutional Court;
4. recalling the Court’s findings under Article 18 in the present case that the applicant’s detention pursued the ulterior purpose of stifling pluralism and limiting freedom of political debate, instructed the Secretariat to prepare a draft interim resolution for the Committee’s consideration at its 1459th meeting (March 2023) (DH), if the situation remained unchanged;
Encü and Others case
5. recalling that the obligation of restitutio in integrum calls for measures to restore the applicants as far as possible to the position they would have enjoyed had the violation not occurred, urged the authorities to provide information on the individual measures taken or envisaged in respect of the 39 applicants as soon as possible;
6. decided to resume consideration of these cases at their 1459th meeting (March 2023) (DH).