Yıldırım was not released despite the ECtHR decision 

2022-05-27 16:12:50


	 

	MARDIN - In the case where HDP former MP Gülser Yıldırım is imprisoned pending trial, the court will evaluate at the next hearing whether the ECHR's violation decision will be implemented.

	 

	The 16th hearing of the lawsuit filed against Peples' Democratic Party (HDP) former Mardin MP Gülser Yıldırım who was accused of 'propagandising a  terrorist organisation' and 'being a member of a terrorist organisation' was held at Mardin 3rd High Criminal Court. Yıldırım attended the hearing with Audio and Video Information System (SEGBİS) from Kandıra Women's Closed Prison. Yıldırım's attorney was present at the hearing. The hearing, in which the temporary committee was assigned, started after the identification.

	 

	It was seen that the letter of the Ministry of Justice asking whether the violation decision of the European Court of Human Rights (ECtHR) regarding the arrest and trial of HDP MPs was executed or not, came to the court.

	 

	'PROSECUTION MUST BE STOPPED IMMEDIATELY'

	 

	Yıldırım stated that he would not make a defense since it was a visit day and requested time for the defense. Afterwards, attorney Erdal Kuzu stated that the ECtHR gave a violation decision in the cases brought against Yıldırım and HDP MPs. Stating that the Ministry of Justice wrote to the court to enforce the ECtHR decision, Kuzu said, "The court cannot continue the trial. The ECtHR decision is based on the decisions of Filiz Kerestecioğlu and Selahattin Demirtaş. The ECtHR ruled that a member of parliament can not be prosecuted for their speeches. Therefore, the trial must be dropped. According to the Constitution, in order for the trial to take place, a duly decision must be passed in the Parliament. Another unlawfulness will arise if the court continues with the trial, since there is no proper decision taken by the Parliament regarding the trial of the client. Within the scope of the ECtHR decision, the prosecution should be stopped immediately and the case should be dropped."

	 

	HE WAS NOT RELEASED

	 

	The prosecution requested that the continuation of Yıldırım's detention be decided and stated that the prosecution would submit its opinion to the court after the deficiencies are corrected.

	 

	The court, adjourned the hearing to October 5, decided that Attorney Kuzu's request would be evaluated at the next hearing and that Yıldırım's detention be continued.