The Ýstanbul 13th High Criminal Court, which is hearing the case against Ergenekon, announced that Mustafa Balbay and Mehmet Haberal, in prison and standing trial as part of the investigation into Ergenekon (a clandestine criminal net accused of planning to overthrow the government), can not be released despite being elected deputies on 12 June. The two were elected deputies for the main opposition Republican People's Party (CHP). The Court in a majority vote ruled against their release.

The court underlined in its reasoned decision that the suspects are charged with crimes mentioned in Articles 14 and 83 of the Constitution, which concern crimes committed against the constitutional order. According to the Constitution, people who are accused of such crimes cannot be released from prison benefiting from the parliamentary immunity.

Presiding judge Köksal Þengün said he does not suspect the defendants will attempt to flee the country or obscure evidence, voicing the opposed positions to the verdict.