The Grand Chamber of the European Court of Human Rights (ECHR) decided on December 22 for the immediate release of Selahattin Demirtaş, former Co-Chair of the People's Democratic Party (HDP).

 

Stating that the decision is 'political', AKP Chair and President Tayyip Erdoğan said: "ECtHR can not decide instead of our own courts. The decision taken in the ECtHR will be evaluated by our courts" and told that he does not recognize the decision. Minister of Interior Süleyman Soylu said the decision doesn't mean anything to them and MHP Chair Devlet Bahçeli said: "We do not recognize nor care about it".

 

Following the decision of the ECtHR Grand Chamber, Demirtaş's lawyers applied to the Ankara Public Prosecutor's Office. In the application, a decision of non-prosecution in the "Kobanê investigation" and the release of Demirtaş were requested. Although 4 days have passed, no development has taken place.

 

Evaluating the court decision and the implementation of it, İstanbul Bar Association former Chair Turgut Kazan said Turkey can be removed from the European Council.

 

Reffering to the words of Erdoğan about not recognizing the ECtHR decision, Kazan said it is not very meaningful evaluating the decision after these words. Explaining that these words mean that we, as Turkey do not recognize the rule of law as a country, Kazan said: "If you do not recognize the ECtHR decision, and those values, you can not be excited about the possibility of joining the European Union. You will not be convincing in terms of joining the EU, giving these messages.

 

IT WAS SIGNED FOR LEGITIMACY

 

Stating that ECtHR made a decision referring to seperate articles of the European Convention on Human's Rights and additional protocols and gave a decision of violation according to them, Kazan said Turkey has to comply with it.

 

Emphasizing the expressions of "International agreements has the force of law according to the law" in the 90th article of the Constitution, Kazan said, "This article is directly written by Mr. Erdogan and has his signature. You signed convention in order to gain legitimacy before the European Parliament (EP) and the EU. In other words, you did it to give the impression that AKP is a political movement very sensitive to democracy and human rights. You signed this so that your legitimacy would be more recognized. But you never believed it. You say you don't recognize the decision. You are the one who wrote that the decisions of the ECtHR are even superior to the domestic law, if our law conflicts with that contract, the contract will be taken into consideration. Erdogan took an oath that he will remain loyal to the constitution. Therefore, this is a constitutional crime."

 

THE DECISION BINDS ERDOĞAN NOT THE PEOPLE

 

Recalling that Erdoğan made statements that the 138th article of the constitution doesn't bind him but it binds everybody else, Kazan said: "This article doesn't bind the people. Because the people can not give instructions. The citizens can only express opinion about the judiciary and critisize. There is only one person of substance in Turkey and that is Erdoğan. Therefore this article only binds Erdoğan."

 

TURKEY WILL BE REMOVED FROM EUROPEAN COUNCIL IF THE DECISION IS NOT IMPLEMENTED

 

Stating that the judiciary's situation in Turkey is clearly explained in the ECtHR decision, Kazan said: "Turkey is one of the founder members of European Council and a signatory for the ECtHR. If Turkey doesn't comply with the decision, its membership will be suspended. And if Turkey insists of not complying with it, it will be removed from membership. This is a great decision. I wish lawyers could explain what it means to Erdoğan."

 

 

MA / Ferhat Çelik