Constitutional Court rejects applications of Kışanak and Tuncel
Kışanak emphasized that her detention was ordered as a result of her participation in political activities, and that this violated her rights of freedom of expression and the right to engage in political activities.
Applications made by Amed Metropolitan Municipality co-mayor, Gültan Kışanak and Party of Democratic Regions (DBP) co-chair, Sebahat Tuncel, have been rejected by the Constitutional Court (AYM).
The Court based the rejection on the grounds that their statement that their freedom and security rights were violated could not be accepted for “lack of evidence”.
According to the decision published on the website of the AYM, it was stated that Kışanak was elected as co-chair of the BDP in 2010, and in 2014 as co-mayor of Amed Metropolitan Municipality was subsequently arrested on 30 October 2016 on the allegations of ‘membership of an illegal organization’.
In her application, Kışanak emphasized that her detention was ordered as a result of her participation in political activities, and that this violated her rights of freedom of expression and the right to engage in political activities.
The Court found the application inadmissible saying it was groundless.
In the ruling issued by the Constitutional Court, Kışanak was charged under Article 100 of the Code of Criminal Procedure No. 5271 for ‘membership of a terrorist organization’, a charge confirming the legal basis for the arrest measure.
The ruling also stated that the Diyarbakır 1st Criminal Court concluded that Kışanak was heavily suspected of ‘being a member of an illegal organization’.
In order to protest the operations carried out against HDP deputies, DBP Co-Chair Sebahat Tuncel, joined the action in front of Diyarbakir Courthouse in 2016.
She was taken into custody after the police attacked the actions. An investigation was launched. Tuncel was subsequently remanded in custody on 6 November 2016 by Diyarbakır 2nd Peace Criminal Court on charges of ‘membership of a terrorist organization’.
Tuncel had made an individual application to the Constitutional Court upon the rejection of her appeal to be released.
The ruling on Tuncel's application was also published on the AYM website.
The ruling included information on Tuncel having been elected Istanbul deputy in 2007 for the DTP and in 2011 for the BDP after which she joined the DBP and was elected its co-chair.
Tuncel accusation is based on political activities as well, and on speeches she made, while the reason for the arrest has been given as the strong suspicion of crime.
The Constitutional Court rejected Tuncel's application saying it was groundless.
The ruling also listed Tuncel participation in the meetings of the Democratic Society Congress as a reason to justify her detention.