‘Imprisoned former HDP Co-Chair Yüksekdağ is put on trial for the same act twice’
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The attorneys of Peoples' Democratic Party's (HDP) arrested former Co-Chair Figen Yüksekdağ and HDP Diyarbakır MP Semra Güzel held a statement for the press at the HDP Central Office in Ankara today (July 13).
The reporters have been reminded that the hearing of the lawsuit where Yüksekdağ is arrested pending trial will be held in Ankara tomorrow.
Taking the floor first, attorney Sezin Uçar has noted that "governments - most of the time - restore the politics through the law," and briefly said:
"The trial of all HDP's elected politicians, especially Yüksekdağ, actually targets political freedoms. Our client is also put on trial due to her political activities. She is faced with unprecedented practices in Turkey."
'Speeches cited as criminal evidence'
Speaking after Uçar, attorney Ezgi Güngördü has indicated that in the lawsuit where Yüksekdağ is still arrested pending trial, the speeches that she made as part of HDP's political activities as its co-chair, her speeches at the opening ceremonies of district/provincial party offices and her interviews to the press are cited as criminal evidence:
"In other words, the offenses that are charged against our client consist of nothing but the speeches that she made in the events and organizations that she attended as a Member of the Parliament."
Güngördü has also reminded the reporters that they, as attorneys, have requested the release of Figen Yüksekdağ for several times before, especially by referring to the ECtHR verdicts on Selahattin Demirtaş and Osman Kavala, as well as other national and international reports that refer to HDP MPs' arrest as violations of freedom of expression. However, all these requests have been rejected, Güngördü has added further.
'One cannot be tried for the same act twice'
In this context, she has also referred to the "Non bis in idem" principle, which stipulates that a person shall not be put on trial for the same act twice.
"Our client is the only politician who is put on trial for the same act twice and, moreover, against whom two rulings of arrest were given over the same act," Güngördü has protested and shared the following details:
"An application was made to the Constitutional Court after two objections were rejected. An opinion was expressed by the Ministry of Justice about the file in 2020. In its opinion, the Ministry said that the investigation file was about the October 6-7-8 October incidents [Kobanê protests in 2014], adding that as the grounds based on which charges were brought are different, the measure of arrest was found legitimate and proportional."
Accordingly, the attorney has underlined that Yüksekdağ is arrested pending trial over the same acts for which she has been already arrested.
Indicating that the application to the European Court of Human Rights (ECtHR) for Yüksekdağ has not yet been concluded by the supreme court, the attorney has noted that the ECtHR verdict on Demirtaş is binding for all imprisoned HDP MPs, including Figen Yüksekdağ.
'She is in good health and good spirits'
Concluding her remarks, Ezgi Güngördü has also shared information about prison conditions, especially amid COVID-19 pandemic:
"On this occasion, we would also like to mention the conditions of Kandıra Prison, where our client has been arrested since November 2016.
"As part of pandemic measures, family and attorney visits are held as non-contact visits. As per a decision taken in September 2019, books and periodicals can be sent only on birthdays and special days such as feasts.
"The letters and faxes sent from prison are arbitrarily censored and even the tiniest incident can be a subject for disciplinary punishment. Figen Yüksekdağ is in good health, she is in good spirits, as she always is." (AÖ/SD)