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A landmark ruling from the European Court of Human Rights (ECtHR) has reignited expectations for the release of Kurdish politician Selahattin Demirtaş, who has been imprisoned since 2016.
On Nov 3, the ECtHR Grand Chamber rejected the Turkish government’s appeal against its earlier judgment, which found Demirtaş’s imprisonment in the Kobani trial to be politically motivated and in violation of several articles of the European Convention on Human Rights (ECHR). With this decision, the ruling is now final and binding.
Demirtaş, the former co-chair of the pro-Kurdish Peoples’ Democratic Party (HDP), was sentenced to 42 years in prison in May 2024 over the 2014 Kobani protests, in addition to previous sentences on “terrorism-related” charges. Turkish authorities accused him and other Kurdish politicians of inciting violence on orders from the outlawed Kurdistan Workers’ Party (PKK). The ECtHR found that his prolonged pretrial detention and later conviction lacked legal justification and served political purposes.
“The measures taken by the authorities were inadequately reasoned,” the court stated, adding that “the true purpose was to stifle pluralism and limit democratic debate.” It ruled that Demirtaş’s detention violated Articles 5 and 18 of the ECHR, which safeguard the rights to liberty, security, and protection from politically motivated prosecution.
The ECtHR also held that the evidence used in the Kobani trial was recycled from earlier cases, describing this as “political manipulation.” The court ordered Turkey to pay Demirtaş 35,000 euros in non-pecuniary damages and 20,000 euros in legal costs.
In response to the finalized ruling, Demirtaş’s lawyers filed a new application for his release with the Ankara Regional Court of Justice.
Bahçeli’s response
The case has also prompted political support for Demirtaş’s release from within the ruling bloc. Nationalist Movement Party (MHP) leader Devlet Bahçeli, a key ally of the government, told reporters yesterday, “Mr. Selahattin Demirtaş has reached a conclusion through legal means. His release will be beneficial for Turkey.”
So far, no official response has come from government officials reagrding the decision.
Turkey has been engaged in a Kurdish peace process for the past year, initiated by a call from Devlet Bahçeli. One of the key demands from the Kurdish side has been the release of imprisoned politicians and party members. Currently, thousands of members of pro-Kurdish political parties remain in prison.
Demirtaş responded to Bahçeli’s comments in a message shared on social media through his lawyers, saying, “Mr. Devlet Bahçeli has bravely broken taboos today and shown that peace cannot be built by surrendering to fear. I sincerely thank him.”
He also thanked Republican People’s Party (CHP) leader Özgür Özel for his supportive remarks and called for a fresh start in Turkish politics: “We must not get stuck in the mistakes of the past while trying to open a new page. The people expect solutions from us.”
Reiterating his support for a peaceful resolution to Turkey’s Kurdish issue, Demirtaş said, “First, weapons must be permanently and completely put down. This is clear. Mr. Öcalan is firm on this, and so is the President. Our duty is to support this process without hesitation.”
DEM calls for immediate release
The Peoples’ Equality and Democracy (DEM) Party called for immediate action, saying, “All our friends, especially Selahattin Demirtaş and Figen Yüksekdağ, must be released without delay.”
Meral Danış-Beştaş, DEM Party deputy and lawyer, also stressed that the legal conditions for release had been met. “There was no obstacle to release yesterday, and there is none today. Freedom is the only option now,” she told bianet.
The ECtHR has now ruled three times in favor of Demirtaş. Turkey did not implement the previous two rulings issued in Nov 2018 and Dec 2020. (VK)