A fresh move has come from the judiciary following the release order issued in Selahattin Demirtaş's main trial being heard at Ankara Serious Crime Court No 19 and the decision by Istanbul Serious Crime Court No 26 to deduct the approximately 25 months he has spent in prison from his four year eight month prison sentence. Ankara Prosecution has launched a separate investigation against Selahattin Demirtaş and sought a fresh detention order. The Penal Court of the Peace subsequently issued a detention order in line with the prosecution’s application.
A few hours before the detention order, Istanbul Serious Crime Court No 26 had ordered the offsetting of the 25 months former HDP Co-Chair Selahattin Demirtaş had spent in prison against his four year eight month prison sentence. While Fırat Epözdemir, one of Demirtaş's lawyers, who applied to Edirne Enforcement Judgeship for release on parole pursuant to this order, was making this application, it was stated that Ankara Republic Prosecution had made a fresh detention application against Demirtaş due to an investigation that had been launched and the result of this decision was being awaited.
Details have emerged of the investigation that was launched with a fresh application for detention in relation to a charge in the case in which Demirtaş and Yüksekdağ are being detained. In the investigation, Demirtaş and Yüksekdağ are being held responsible for incidents during the 6-7-8 October events in which the Kobani protests took place. The following charges are laid in the investigation that was launched with an application for Demirtaş and Yüksekdağ’s detention: “impairing the unity and integrity of the state,” “killing to conceal a crime or to conceal the evidence of a crime or to avoid apprehension,” “doing so in the hours of night along with more than one person with the aim of securing benefit for the crime organization,” “depriving people of their liberty using force, threat or deception” and “attempting to kill to conceal a crime or to conceal the evidence of a crime or to avoid apprehension.”
The prosecution stated the following in the application for Demirtaş and Yüksekdağ’s detention in the investigation it was conducting: “When it is considered in conjunction with the current investigations and findings records, the complainant, witness and suspect statements, the record and CDs containing images of the event and all other records in the file that an investigation is being conducted in relation to the 6-7-8 October events under investigation number 2014/156757 of the Republic Chief Prosecution into the suspects Selahattin Demirtaş and Figen Yüksekdağ and it has been determined within the investigation that, starting in particular on 6 October 2014 and until 9 October 2014 in a total of 32 of our provinces chiefly provinces in the Eastern and South-Eastern Regions, roads were blocked by means of setting up barricades on roads, public buildings and vehicles and citizens’ residences, workplaces and vehicles were damaged through the use of long-barrelled guns, Molotov cocktails, fireworks, stones and clubs, a large number of citizens and law enforcement force members were injured in the events and foreign citizens and our citizens lost their lives in certain of our provinces, there exists strong suspicion that the suspects committed the crime with which they are charged and application is made in the name of the people for their individual detention since the crimes with which the suspects are charged are catalogue crimes and pursuant to Articles 100 et. seq. of the Code of Criminal Procedure taking account of the upper limits of the penalties they carry.”
The Penal Court of the Peace examined Ankara Republic Chief Prosecution’s application for redetention. Demirtaş and Yüksekdağ presented a defence at the hearing by video link. Following the defences, the court ordered the continuation of Demirtaş and Yüksekdağ’s detention.
Following the hearing, the lawyers made a press statement in front of the judicial complex with the participation of HDP Law and Human Rights Commission Spokesperson Ayşe Acar Başaran and Adana MP Tulay Hatimoğulları, who had monitored the hearing.
One of Demirtaş’s lawyers, Levent Kanat, providing information about the hearing, said, “We once more come face to face with a decision today in which the judiciary is instrumental to politics’ aims. A detention order has been issued against Demirtaş and Yüksekdağ following five years in an investigation launched in 2014.” Stating that not on a single day were statements sought from Demirtaş and Yüksekdağ in the case that had been left waiting for five years, Kanat noted, “We were faced with harsh insinuations today. But what is apparent today is that the judiciary interrogated both and issued a detention order against them in line with the political rulership’s needs. The offset order was also passed today in keeping with the ruling the European Court of Human Rights passed on Demirtaş. However, a detention order was issued at the behest of those who are fearful of Demirtaş and his friends re-emerging in the political arena. This order is a disaster as far as the law is concerned, as far as our country, humanity and the judiciary are concerned.”
For her part, the HDP’s Ayşe Acar Başaran, saying, “Judicial complexes have for a long time, rather than being mechanisms for dispensing justice and implementing the law, been turned into instruments according with the power holders’ political projects,” stressed that today they had once more witnessed the “instrumentalized judiciary.” Saying case reports had been in existence in the cases in connection with which the detention was ordered of the co-chairs in the previous session who had been detained for more than two years, Başaran commented, “But we know that the AKP rulership, aware of the release order that the local court of necessity made following the European Court of Human Rights ruling passed on Mr Demirtaş and his subsequent attaining of convicted status but that even this convicted status would not save them, put the main trial that involved the same events pertaining to 2014 and the same charges to one side and presented them before the court without conducting a trial and seeking their statements as if there were a fresh investigation today and applied for detention.”
Noting that at the hearing Demirtaş and Yüksekdağ had the quality far more of being prosecutors and lesson givers than the prosecuted, Başaran said, “The pointer to this was the judge saying at the point at which he was to pass the interim decision ‘you can take the decision from the desk’ without admitting the lawyers because they were aware that they had not issued a decision that they could stand behind. The judge who passed that decision today was aware that he had ruled as per instruction, not as per the law. The AKP rulership becomes a little more boxed in with each day that passes. It becomes incapable of pursuing its policies with each day that passes. Seeing that an election is drawing near, they did not want our two friends on the outside and appended their signature to a scandal. We say once more from here that we do not recognize this decision. Our friends are not detainees but political hostages. We will continue our struggle until all pollical hostages are free. All of our legal initiatives will continue for this unlawful decision to be reversed.”
Selahattin Demirtaş reacted to Ankara Prosecution starting a fresh investigation in a post he made on his Twitter account. Demirtaş commented, “Justice and reform in the judiciary? Take a look at the reform. Figen and I have been detained for three years while on trial in relation to 6-8 October. This morning Ankara Republic Chief Prosecution issued a presentation for detention order contrary to the law in relation to a separate investigation into Figen and me on the same charge. That is, there is no judiciary, there is no justice, there is no law, there is no judge. Not just for us, but for none of you. We are fine, in good spirits, vindicated, guiltless and strong. We send our greetings and love to everyone.”
CHP Istanbul MP Sezgin Tanrıkulu commented in a Twitter post he made, “An important development relating to Selahattin Demirtaş: Serious Crime Court No 26 passed an offset order. An application for release on parole was made today. To prevent his potential release, Ankara Prosecution launched a separate investigation into the same matter as the trial in which he is being prosecuted and sought his presentation for detention.”
Sezgin Tanrıkulu also called out to Justice Minister Abdülhamit Gül and remarked, “Mr Abdülhamit Gül, presentation for detention to prevent his potential release after having been released in the trial in which he is being prosecuted is an instance of tyranny that goes beyond enemy criminal law. I urge responsibility from you: convene the Board of Judges and Prosecutors and do what is called for. Otherwise, the responsibility will befall on you.”
The Peoples’ Democracv Party (HDP) published a written statement following the opening of a fresh investigation into Selahattin Demirtaş.
The following comments were made in the HDP’s statement in which it was noted that a new plot had been hatched to prevent Selahattin Demirtaş's release: “The prosecution is seeking the redetention of both Selahattin Demirtaş and Figen Yüksekdağ to prevent release. The judicial mechanism in Turkey, dependant on and partial towards the Palace, also gives the European Court of Human Rights the message ‘We do not recognize you and your rulings.’ This is a clear implementation of enemy law. This is a situation that can never be accepted. This step has nothing to do with the judiciary. It is a step taken under Palace directive for political revenge. It is total tyranny and the massacre of justice implemented in the name of the law. This prosecutor’s office is also the enemy of democratic politics. We are at a point at which words fail and the stench in the judiciary defies all attempts to disguise it. We call out to the court bench. Act in accordance with legal principles in the face of this grave legal crime the prosecution is committing.”
For his part, Selahattin Demirtaş's lawyer Ramazan Demir reacted in a post he made on Twitter, “They are trying to redetain Selahattin Demirtaş on a charge for which he had been detained, tried for three years and released last week. Today is when the offset order was issued and no obstacle remained to his release. And two days after the European Court of Human Rights hearing.”
Demirtaş’s lawyer Benan Molu, in turn, reacted to the decision saying, “Just now, I feel like on the evening of 4 December when, following the European Court of Human Rights’ order ‘release him at once,’ he was given convicted status in a countermove made at jet speed with a four year eight month sentence. Once again presentation for detention precisely while on the verge of release two days following the European Court of Human Rights hearing. I am crushed.”
Ankara Prosecution’s fresh investigation move against Selahattin Demirtaş was virtually simultaneous with the offset order. Almost immediately following the prosecutor’s office’s notification that it had instituted an investigation, Istanbul Serious Crime Court No 26 passed the order on Demirtaş offsetting the approximately 25 months he had spent in prison against his four year eight month sentence. (EVRENSEL DAILY)
(Translated by Tim DRAYTON)
Ceren Sözeri
Yusuf Karadaş
Aras Coşkuntuncel