New 'Terror Investigation' Against Demirtaş over His Defense Statement

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Ankara Chief Public Prosecutor's Office has opened a "terror investigation" against Selahattin Demirtaş, the Peoples' Democratic Party's (HDP) imprisoned former chair, over his remarks during a hearing, his attorney said today (May 29).

Attorney Mahsuni Karaman said in a tweet that the new investigation was opened due to Demirtaş saying, "You will account for these before the judiciary."

"We repeat then, they will also account for this investigation before the judiciary," he said.

During the hearing on January 7, Demirtaş said, "The executive of the operation related to me is Ankara Chief Public Prosecutor's Office. With organizing two arrests... I know all the details about how I was remanded in custody for the second time. Chief Prosecutor Yüksel Kocaman and his deputy... We filed a criminal complaint against them."

"Yüksel Korkmaz, there is Allah, who is greater than the palace you lean on. The times are changing, there is the public. When the ballot boxes are set up, the ones you trust will lose. You will account for all of these before the judiciary," he continued.

Demirtaş has been remanded in custody since November 4, 2016. During this time, he was acquitted in two trials but remanded in custody again for other cases.

Trial of Selahattin Demirtaş

Selahattin Demirtaş was taken into custody on November 4, 2016. He was remanded in custody and sent to Silivri Prison in İstanbul on the same day. He is still behind bars in Silivri.

All his investigations, except for one, have been combined in a single file. The lawsuit filed at the Ankara 19th Heavy Penal Court has still not been concluded. As his request for release as part of this suit was rejected, his attorneys appealed to the Constitutional Court.

In their application to the Constitutional Court on May 29, 2018, the attorneys requested that his application be reviewed with priority. However, the Court has not yet responded to the application. On June 26, 2018, his case was taken to the ECtHR.

Shortly after this appeal to the ECtHR, the court announced its judgment in his second case. Tried in the case together with former HDP MP Sırrı Süreyya Önder, Selahattin Demirtaş has been sentenced to 4 years, 8 months in prison on the charge of "propagandizing for a terrorist organization" by the İstanbul 26th Heavy Penal Court.

One month later, on October 25, 2018, his verdict of conviction reached the 2nd Penal Chamber of İstanbul Regional Court of Justice, the court of appeal.

On November 17, 2018, the ECtHR announced that it would announce its judgment as to his application on November 20. The court of appeal swiftly reviewed the verdict of conviction of Demirtaş and started discussing it on November 19.

On November 20, 2018, the ECtHR concluded that Demirtaş was "arrested with political motivations" and ruled for his release.

The Ankara 19th Heavy Penal Court rejected his request for release on November 30 ,2018, indicating that "his arrest was a moderate measure".

On December 4, 2018, the 2nd Penal Chamber of İstanbul Regional Court of Justice upheld his verdict of conviction. With this verdict, Demirtaş became an arrested convict.

The attorneys of Demirtaş appealed again to the ECtHR on February 19, 2019, and requested that the issues not discussed, found inadmissible and not regarded as violation right be reviewed again.

The government also appealed against the ECtHR verdict on Demirtaş. In its petition, the government also requested that the ECtHR review its ruling of right violation again. That being the case, the case of Demirtaş has been taken to the ECtHR Grand Chamber, which announced that it would discuss the application on September 18, 2019.

In his hearing at the Ankara 19th Heavy Penal Court on September 2, the court board has ruled that Demirtaş shall be released.

As his request for release has been rejected, his attorneys lodged a request of "deduction", demanding that the period that he has already served in prison be deducted from his prison term so that he could be released on probation. This request has not been answered yet.

(EMK/VK)