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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419/H46-39 |
2 December 2021 |
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1419th meeting, 30 November - 2 December 2021 (DH)
H46-39 Selahattín Demírtaş v. Turkey (Application No. 14305/17) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that in the present case the European 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, namely to stifle pluralism and limit freedom of political debate (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);
As regards individual measures
2. adopted Interim Resolution CM/ResDH(2021)428;
As regards general measures
3. taking note of the action plan submitted by the authorities, called upon them to take concrete legislative and other measures to ensure the full independence of the judiciary, in particular from the executive branch, taking inspiration from the relevant Council of Europe standards notably as regards the structural independence of the Council of Judges and Prosecutors;
4. noting the Court’s findings as regards the freedom of political debate, invited the authorities to take necessary measures that are capable of strengthening freedom of political debate, pluralism, and the freedom of expression of elected representatives, especially of members of the opposition;
5. recalling the Court’s criticism concerning Article 314 of the Criminal Code, underlined the need to take measures to ensure adequate protection against its arbitrary application;
6. decided to continue examination of the measures concerning detention without relevant or sufficient reasoning in the Nedim Şener group.