Following the publishing of the reasoned decision in the Mustafa Balbay case by the Constitutional Court in the Official Gazette, lawyers have submitted it to the court for the release of the BDP (Peace and Democracy Party) MPs. Eyes are now on the 5th and 6th High Criminal Courts in Diyarbakır.

Intervention in the right to be elected

In the reasoned judgment of the Constitutional Court in the case of CHP (Republican People's Party) İzmir MP Mustafa Balbay, who was on trial in the Ergenekon trial, his continuing detention despite being elected was described as 'an intervention in the right to be elected'. The judgment continued: "The applicant, after being elected as a member of parliament, was unable to take the oath and fulfil his duty as an MP on account of his not being released. It is clear that his detention constituted a blatant intervention in his right to be elected and representation on account of it preventing him carrying out his duty. Consequently, a decision has been reached that there has been a violation of paragraph 7 of article 19 of the Constitution."

Prolonged period of detention a violation of constitution

In its reasoned judgment the Constitutional Court stated that "the unreasonable detention of the applicant prevented his participation in legislative activities. It cannot be said that such a period of detention, a grave interference in his right as a member of parliament to be involved in politics, conforms with the norms of a democratic society. There has therefore also been a violation of paragraph 1 of article 67 in connection to paragraph 7 of article 19 of the Constitution."

Eyes on Diyarbakır 5th and 6th High Criminal Courts

Following the publication of the reasoned judgment lawyers representing detained BDP MPs moved into action. Lawyers from the Diyarbakır Bar association submitted the reasoned judgment to the 5th and 6th High Criminal Courts in Diyarbakır calling for the release of four BDP MPs and the independent Van MP Kemal Aktaş. Everyone is now awaiting the decision of the two courts regarding the MPs in jail.