In a case where HDP Co-Chair Demirtaş was on trial, thee Batman 2nd Criminal Court of First Instance says bans from administrators can’t override constitutional rights
DENİZ TEKİN
Diyarbakır- The Batman 2nd Criminal Court of First Instance has ruled that bans imposed by governorates do not override the constitutional right to organize meetings and demonstrations.
The decision came in the case of Selahattin Demirtaş, a former People’s Democratic Party (HDP) Co-Chair, who was acquitted two months ago for attending a banned Newroz celebration in 2016.
The court's verdict emphasized the right to "peaceful assembly and demonstration" as protected under Article 11 of the European Convention on Human Rights (ECHR) and Article 34 of the Turkish Constitution. The panel further noted that in a democratic society, this right is a means of realizing freedom of expression.
The verdict clarified that just because an individual attends a meeting doesn't make them an organizer or leader, nor does their presence imply participation in any unlawful acts. The court found insufficient evidence to convict Demirtaş of the charges against him.
Constitutional Court case law
This decision echoes a previous ruling by the Constitutional Court on Demirtaş' rights in a similar case. However, the trial prosecutor has appealed the acquittal to the Diyarbakır Regional Court of Appeals, alleging it contradicts the law.
The trial began in 2019 and concluded with Demirtaş's acquittal on June 6, 2023. Demirtaş argued that the case was an attempt to stifle political opposition in Turkey.
Following the 2016 coup attempt, the right to organize meetings and demonstrations was heavily curtailed by administrative decisions. Many, including politicians, journalists, and activists, faced trials in Batman for allegedly violating the law governing these rights.
Devran Yıldız, a human rights lawyer, noted that bans on meetings and demonstrations have been frequent in Batman since 2016. He estimated that nearly 2,500 individuals faced penalties or prosecution between 2016 and 2021 for exercising their right to assembly. Some were even charged with affiliations to illegal organizations.
Yıldız highlighted the positive impact of the Constitutional Court's rulings on these cases, leading to fewer bans and more acquittals post-2021.
