Detained MP, Ömer Faruk Gergerlioglu's lawyer: Delaying the release is a failure

Şerif KARATAŞ
İstanbul

HDP Kocaeli MP Omer Faruk Gergerlioglu, whose membership of parliament was dismissed and who was sent to prison, remains in prison despite the Constitutional Court's infringement order. Gergerlioglu's Lawyer Bisar Alinak stated that it is difficult to explain what happened legally, adding that "the failure to implement the decision of the Constitutional Court is a complete failure, a complete disaster". Salih Gergerlioglu, son of Omer Faruk Gergerlioglu, also called for public awareness, stating that the EIB decision was to be delayed.

The Constitutional Court (EIC) concluded the individual application of the HDP's Omer Faruk Gergerlioglu, who was demoted as a member of parliament, on Thursday (July 1st). The EIB decided to send a letter to Kocaeli Criminal Court for Gergerlioglu's release, stating that “The right to be elected and engage in political activity" and "The right to freedom and security of persons" had been violated. Despite the AYM's (Turkish Constitutional Court) infringement order, Gergerlioglu remains in prison. Speaking to our newspaper, Gergerlioglu's Lawyer Bisar Alinak stated that they could not see the AYM's reasoned decision and said, "The truth is, we know as much as you do." Stating that the process will not be interpreted legally, Alinak continued: "The failure to implement the decision of the Constitutional Court on a legal plane where the decisions of the European Court of Human Rights (ECHR) are not applied in the country is a complete failure, a complete disaster. Ultimately, the Constitution is a joint contract, the Constitutional Court is established by law, a court that evaluates individual applications. Top of the hierarchy of norms. Is the local court resisting right now? He's not resisting? Or how was the reasoned decision written? What was written? It's a process of frivolity that continues when a journalist informs the outside."

"TRYING TO DELAY THE DECISION"

Salih Gergerlioglu, son of Omer Faruk Gergerlioglu, told our newspaper that the dismissal of the membership of parliament was a blow to the will of the people. “We're all out there. We want and demand that the public follow this case, my father's struggle. An infringement decision has already been issued. However, the decision is not being implemented. There are examples of cases where decisions are not applied. But there's a delay. We need to stand together against this."

WHAT HAPPENED?

Omer Faruk Gergerlioglu was sentenced to 2 years and 6 months on charges of "spreading propaganda of a terrorist organisation" at the General Assembly of parliament on March 17th. Gergerlioglu, who was later discharged as a member of parliament, announced that he would not leave parliament until his application for infringement to the Constitutional Court was finalised, setting off a vigil for justice in the HDP  group. Gergerlioglu was detained by police at his home on April 2 after a 10-day deadline for him to surrender due to a suspended prison sentence. Gergerlioglu, who became ill and had an angio after being detained at night, taken from the hospital and was taken to  Sincan Type F High Security Closed Correctional Institution. Speaking in front of the Ankara City Hospital where Gergerlioglu is on April 3rd, HDP Parliamentary Administration Chief Mahmut Togrul said, "He has a beating in his arms, a rash on his neck. He's suffering from stress-induced heart rhythm deterioration and shortness of breath. Despite the doctor's request for a transfer to the hospital, the report is ignored and taken to Sincan Prison".