Fatma Kesen
MERSİN - Former HDP Co-Chair Selahattin Demirtaş was sentenced to 2 years and 6 months in prison by the Mersin 14th Criminal Court of First Instance for "insulting the Turkish state and its organs" and "inciting hatred and enmity among the public" based on speeches he made between 2015 and 2016.
During the hearing, the judge interrupted Demirtaş as he read from a book of a special operations officer's memoirs, telling him, "Anyone who wants to read the book can do so." Demirtaş retorted, "I can read from a book or a paper as I please," and continued his defense.
Prosecution calls for punishment
In the previous hearing, the prosecution had recommended a sentence for Demirtaş, accusing him of "publicly insulting the government, judicial organs, military, or police force of the Republic of Turkey" and "inciting hatred and enmity among different groups based on social class, race, religion, sect, or region." The prosecution reiterated this request in the current session.
Demirtaş's defense: 'No legal assessment whatsoever'
Demirtaş criticized the prosecution's final opinion, arguing that it was a copy-paste document with the same narrative and grammatical errors, and did not consider his extensive defense and evidence. He stated, "The opinion does not provide any legal evaluation. Who is Demirtaş? Where did he give these speeches? What was the social and political context? None of this is addressed. If this opinion were presented in any country, no one would understand it. It seems the prosecutor is confident in labeling me as a 'terrorist' and aligning himself with the state, expecting a conviction. Such a decision will lead to a ruling against Turkey by the European Court of Human Rights under Articles 18 and 14 for discrimination."
Demirtaş: 'They consider calls to kill HDP MPs as freedom of expression'
"According to the prosecutor, even if the state has committed crimes, Demirtaş, as a Kurdish politician, must be punished," Demirtaş continued. "Had I been a fascist politician, orchestrating murders in Ankara, I would not be investigated. I am being tried for my right to criticize as a Kurdish politician. Despite not being convicted of terrorism or violence, I have received 55 years in prison for my speeches. The prosecutor's confidence in the flawed judicial system encourages figures like Nedim Şener and Hilal Kaplan to insult me publicly without consequences."
Demirtaş: 'I spoke to counter Peker, yet I received 55 years in prison'
Referring to Sedat Peker's threats of violence, Demirtaş highlighted the contrast in treatment: "Peker and Alaattin Çakıcı, known for their nationalist and racist stance, are not targeted like I am for being a Kurdish politician. I have worked to change the system and constitution for the betterment of this country, without causing harm to the Republic of Turkey. The state should protect its integrity rather than those who exploit and corrupt it."
'I refuse to sign the 'Turkishness Contract''
Citing Barış Ünlü's book "Turkishness Contract," Demirtaş stated, "Anyone who signs the 'Turkishness Contract' is deemed acceptable by the state. Those who refuse face persecution, regardless of their ethnicity. I have no problem with Turks; I speak and write in Turkish, and have Turkish friends and a Turkish grocer. However, I am Kurdish and do not wish to sign this contract. I criticize the state for its abuses and stand by my principles."
Judge-Demirtaş exchange
During his defense, the judge interrupted Demirtaş while he was reading a special forces officer's confessions, saying, "Anyone who wants to read the book can do so." Demirtaş responded, "I am reading my defense; does this sound like a story to you?" The judge replied, "No, why would it be heavy? We've been listening for three years." Demirtaş retorted, "I am reading my defense. You are in a comfortable position and cannot leave it," criticizing the judge for interrupting his flow. The judge then requested Demirtaş to continue without mutual accusations, to which Demirtaş replied, "You disrupted my flow. I can read from a book or a paper as I choose." This exchange was met with applause from the audience, prompting the judge to remind them, "This is not a rally."
Demirtaş: 'We serve time for this government to stay in power, and you pay for it'
In concluding his defense, Demirtaş highlighted the economic cost of keeping him and others like Osman Kavala in prison: "The judiciary, which has become an extension of the government, is ruining the economy. Employed people are paying out of pocket to keep us in prison. This system must change. I am determined that one day I will lead this country with the support of the people, without seeking revenge but ensuring accountability."
Verdict: Demirtaş sentenced
Following the defenses, the judge sentenced Demirtaş to 1 year and 6 months for "publicly insulting the government, judicial organs, military, or police force of the Republic of Turkey" under Article 301 of the Turkish Penal Code (TCK), and another 1 year and 6 months for "inciting hatred and enmity among the public" under TCK Article 216. The total 3-year sentence was reduced to 2 years and 6 months using discretionary mitigation, with no further reductions or suspension of the sentence.
