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Justice Minister Yılmaz Tunç said on Sunday during the Judicial Organization meeting in Antalya that any decision regarding the release of former Peoples’ Democratic Party (HDP) co-chair Selahattin Demirtaş will be made by the judiciary, emphasizing that the case is strictly a matter for the courts following the European Court of Human Rights (ECtHR) ruling on rights violations.
Speaking to reporters, Tunç noted that similar rulings had previously been issued by the ECtHR, adding that the relevant Turkish court would review the decision in its entirety. “When this ruling reaches the court, the judges will make their own evaluation. Demirtaş is currently a convicted person. The court will examine all aspects of the case,” he said.
Demirtaş had been sentenced to four years and eight months in prison by Istanbul’s 26th High Criminal Court for “terrorist propaganda.” His sentence was executed until Oct. 31, 2019. However, he was detained again on Sept. 20, 2019, in connection with the so-called Kobani case. “This is entirely a judicial matter,” Tunç added.
He recalled that the “Kobani trial” at Ankara’s 22nd High Criminal Court concluded on May 16, 2024, with multiple convictions and acquittals. The case is now being reviewed by the 22nd Criminal Chamber of the Ankara Regional Court of Appeals.
Tunç underlined that the ECtHR ruling referred to claims of “violations of the right to liberty and security” and alleged irregularities in pretrial detention. “There were debates about whether an appeal would be filed against the chamber’s decision. Before a case goes to the ECtHR’s Grand Chamber, it is reviewed by a five-member panel. This panel said there was no need for further review and the decision became final,” he explained.
“The file is currently before the appeals court. We will all see what decision the court will make,” he said, reiterating that the process is ongoing within the judiciary.
Selahattin Demirtaş was detained on terrorism-related charges. In May 2024, a court convicted him over the deadly 2014 riots that the HDP incited and sentenced him to more than 40 years in prison. He also received a separate two-year sentence in 2021 for insulting the president.
Moreover, responding to criticisms alleging that Türkiye often disregards ECtHR rulings, Tunç rejected such claims as inaccurate and politically motivated. “There’s a false perception that Türkiye does not comply with any ECtHR decisions. In fact, every member country has rulings it does not follow. The average compliance rate among Council of Europe countries is 79%, while Turkey’s rate is 91%,” he remarked.
He also argued that certain cases, particularly those that attract international political attention, are being “highly politicized” to discredit Türkiye’s judiciary. “Some cases are highlighted to create a perception that Türkiye does not follow ECtHR rulings at all. This is simply not true,” Tunç said.
On the other hand, Tunç addressed the work of the National Solidarity, Brotherhood and Democracy Commission in Parliament, a newly established body that aims to promote reconciliation and assess the terror-free initiative.
He stressed that Türkiye had paid a heavy price in its four-decadelong struggle against terrorism.
“For over 40 years, Türkiye has lost thousands of lives and suffered economic losses in the trillions. We hope that terrorism will no longer be an issue for our country,” he noted.
Emphasizing that intelligence and defense institutions are also closely monitoring the process, Tunç marked their support for the peace efforts. “Meanwhile, the Terror-Free Türkiye Commission heard wide segments of society, from nongovernmental organizations (NGOs) to families of martyrs and also listened to ministers. With nearly 90% representation in Parliament, there is a wide consensus there. As the Ministry of Justice, we also supported and facilitated this process, explaining to the Commission the administrative measures taken.”
The terror-free Türkiye initiative was suggested by the Nationalist Movement Party (MHP) leader Bahçeli last year, in a bid to end more than 40 years of the campaign of the PKK terrorism.
Civilian constitution calls
Commenting on the constitutional reform, Tunç emphasized the need to replace Türkiye’s 1982 Constitution, which was written under military rule. “Even the fact that it was drafted by coup leaders is reason enough for change,” he said. “It has been amended more than 180 times, turning into a patchwork document. Our aim is to ensure coherence, stability and democratic legitimacy.”
He called for a democratic, civilian and participatory constitution written by the nation’s elected representatives and ratified by the people.
“As we enter the second century of our republic, such a constitution would be a historic achievement,” Tunç continued.
The minister concluded by noting that the government has already abolished several legal provisions once used to justify military interventions. Urging to put an end to the era of coups and to prevent a return to those dark days: “Let’s draft a completely new constitution with the consensus of our deputies in Parliament. Hopefully, this will happen. In this environment where we talk about a terror-free Türkiye, if our parliamentarians engage in constitutional work and reach consensus, we will have fulfilled our duty to our nation,” he stated.
