ATIK | Confederation of Workers from Turkey in Europe | AHM-ATIK News Center
TURKEY | 14-12-2013 | Following the landmark judgment of the Constitutional Court in releasing the CHP (Republican People’s Party) MP Mustafa Balbay, lawyers for BDP (Peace and Democracy Party) MPs in custody have applied to the courts for the release of their clients, saying a precedent has been set. Elected BDP deputies have still not been released despite the publication of the reasoned judgment of the Constitutional Court, which cited the ‘prolonged period of detention’ suffered.
The prosecutor in the Mardin KCK trial in which BDP Mardin MP Gülseren Yıldırım is in custody, has submitted an opinion calling for the release of Yıldırım.
Prosecutors have also submitted an opinion requesting the release of BDP MP İbrahim Ayhan.
Kışanak: It is an offence to continue holding the MPs despite the Constitutional Court judgment
Following a visit to prisons in Amed, BDP co-chair Gültan Kışanak spoke, emphasising that it was an offence to continue holding BDP MPs in prison despite the ruling of the Constitutional Court.
She also stressed that it was time Hatip Dicle was released. She said that the judgment of the court with regard to CHP MP Mustafa Balbay set a precedent, and that as such was binding, adding: “Such prolonged periods of detention are a clear violation of the Constitution. The judgment also stressed that the right to be elected was contravened. It is therefore unacceptable that our colleagues are still in custody and are unable to carry out the duties for which they were elected.”
Kışanak called on the local courts to end this state of illegality, adding: “For the MPs to be held in custody even for an hour is a violation of the Constitution. We expect a decision to be made to release our colleagues in the shortest time possible.”
Kışanak emphasised that the judgment of the Constitutional Court had significance not just for MPs, but for all those who are victims of prolonged periods of custody, including Hatip Dicle, whose elected status was revoked, adding: “In this province around 80,000 people voted for Hatip Dicle and they want to see him as an MP. We therefore consider that the judgment is also valid for Mr Dicle.”
Applications for the release of 3 other elected persons
Following the requests made for the release of the BDP MPs, lawyer Serdar Çelebi, representing former President of the Amed branch of the Human Rights Association, Muharrem Erbey, former chair of the Provincial Assembly, Şehmus Bayhan, and former deputy mayor, Ali Şimşek, submitted requests to the No. 6 Serious Criminal Court, asking for their release. (ANF)
