Key Highlights
- The European Court of Human Rights (ECHR) rejected Turkey’s appeal against Selahattin Demirtaş’s case, making the earlier finding that his conviction constituted a rights violation final and binding.
- Turkish government officials have called for Demirtaş’s release as part of their “Terror-Free Turkey” initiative.
- Experts argue that implementing ECHR rulings could set a precedent for other cases involving political prisoners.
The Struggle for Democracy and Rights in Turkey
On November 3, the nine-year anniversary of his imprisonment, Selahattin Demirtaş’s case gained significant attention as the European Court of Human Rights (ECHR) rejected Turkey’s appeal. This decision, which made the earlier finding that Demirtaş’s conviction violated rights final and binding, has reignited discussions about the state of democracy in Turkey.
The Legal Context
Demirtaş, who served as a co-leader of the Democratic People’s Party (HDP), was detained on November 4, 2016. His case has been a focal point for human rights advocates and critics of the Turkish government’s treatment of political opponents. The ECHR’s rejection of Turkey’s appeal on October 8 marked a significant legal milestone.
“The ECHR ruling is, of course, important and legally binding,” Demirtaş stated from Edirne Prison. “But beyond our case, what truly matters for all 86 million citizens is the ‘law of brotherhood’ that binds us together.” This statement reflects the broader context in which political prisoners are seen as symbols of larger democratic struggles.
Government Stance and Political Implications
Turkey’s Ministry of Justice had attempted to have Demirtaş’s case reviewed by the Grand Chamber, but their appeal was dismissed. This decision has led to criticism from opposition parties such as the DEM Party and CHP, who argue that it is inconsistent with the government’s stated goals for a “Terror-Free Turkey.” The process highlights the complex interplay between legal proceedings and political rhetoric.
President Erdoğan’s Chief Legal Advisor Mehmet Uçum wrote on November 2 that new steps would be taken under the “Terror-Free Turkey” framework. For the first time, he referred to the “expectations for the development and strengthening of democracy.” However, many see this as a hollow statement when political prisoners remain behind bars.
EU Relations and Domestic Reforms
Turkey has long sought closer ties with Europe, particularly in light of its ongoing disputes with Russia-Ukraine tensions and Israel-Iran conflicts. The government’s desire to revive EU membership talks was reaffirmed during a joint press conference on October 30 with German Chancellor Friedrich Merz. However, progress is hampered by Turkey’s failure to fulfill six commitments made in 2016 for visa liberalization.
For the government to genuinely demonstrate its commitment to democracy and European integration, releasing political prisoners like Demirtaş is crucial. Experts argue that implementing ECHR rulings could set a precedent for other cases involving political prisoners, thereby easing tensions and rebuilding trust both domestically and internationally.
A Call for Action
The Constitutional Court’s October 17 decision in Tayfun Kahraman’s case presents another opportunity to implement existing laws. As newly appointed Court of Cassation President Ömer Kerkez emphasized, rulings by the Constitutional Court must be respected. This includes freeing TİP MP Can Atalay and other individuals who remain imprisoned despite favorable court decisions.
The release of Demirtaş and others could serve as a significant step towards demonstrating Turkey’s commitment to democracy and human rights. As Devlet Bahçeli, the MHP leader and President Erdoğan’s ally, stated, “His release would be auspicious.” The challenge now lies in translating these statements into concrete actions that align with Turkey’s long-term goals.
