|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-38 |
5 December 2024 |
|
1514th meeting, 3-5 December 2024 (DH)
H46-38 Selahattin Demirtaş (No. 2) group v. Turkey (Application No. 14305/17) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that in these cases the Court found that the applicants, elected members of the National Assembly at the relevant times, were detained in the absence of evidence to support a reasonable suspicion they had committed an offence (violations of Article 5 §§ 1 and 3) and that their arrests and pre-trial detention pursued an ulterior purpose (violations of Article 18 taken in conjunction with Article 5); that the lifting of the applicants’ parliamentary immunity and the way the criminal law was applied to penalise them for political speeches were not foreseeable and prescribed by law (Article 10) and that their consequent detention made it effectively impossible for them to take part in the activities of the National Assembly (Article 3 of Protocol No. 1); further recalled that in the Yüksekdağ Şenoğlu and Others case the Court also found a violation of the right to a speedy decision on the lawfulness of detention on account of the use of stereotyped reasoning by the domestic court in denying access to the investigation file (Article 5 § 4);
2. recalling that the Assize Court delivered its concise judgment on 16 May 2024 concerning the proceedings against Mr Demirtaş and Ms Yüksekdağ Şenoğlu, expressed deep concern that the reasoned judgment has still not been delivered more than six months later; reiterated therefore their call on the authorities to provide the full judgment together with an English translation of the relevant parts of the Assize Court’s reasoning, and the authorities’ assessment without further delay;
3. strongly urged the authorities, once again, to ensure the immediate release of Mr Demirtaş and Ms Yüksekdağ Şenoğlu, for example by exploring alternative measures to detention, pending the determination of the applicants’ appeals and applications to the Constitutional Court;
4. welcomed that Mr Ayhan Bilgen has been acquitted and that the remaining 11 applicants in the Yüksekdağ Şenoğlu and Others case still appear to be released pending trial;
5. recalling the Court’s findings under Article 18 in conjunction with Article 5, invited the authorities to provide information about the state of criminal proceedings with respect to the remaining 11 applicants in the Yüksekdağ Şenoğlu and Others case;
6. recalling that the Committee decided to examine the general measures in this group at its
1521st meeting (March 2025) (DH), decided to resume the examination of the individual measures also at the same meeting and instructed the Secretariat to prepare a draft interim resolution for their consideration in the event that the fully reasoned judgment of the Assize Court in respect of Mr Demirtaş and Ms Yüksekdağ Şenoğlu is still not provided by that time, unless the applicants have been released.