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The Constitutional Court ruled for violation of rights in the individual petition of HDP member Ömer Faruk Gergerlioğlu, who had been demoted from parliament, and ordered Gergerlioğlu’s release.
At the meeting on the agenda of the General Assembly of the Constitutional Court, Gergerlioğlu’s request regarding “freedom of expression” being punished for having made propaganda for a terrorist organization due to its publication on social media, and his right to “elections and political activities” due to the continued trial against an MP who was entitled to immunity, were violated.
The Supreme Court unanimously ruled that Gergerlioğlu’s right to “election and political activity” guaranteed by article 67 of the Constitution and “freedom of expression” in article 27 were violated.
A copy of the brief decision of the General Assembly will be sent to the court to lift the violation and its consequences by ending the applicant’s detention.
Discussion of the individual candidacy of HDP MP Leyla Güven, whose parliamentary status has been revoked, has been postponed.
CONFIRMED 2 YEARS AND 6 MONTHS IN PRISON
Gergerlioğlu was sentenced to prison on February 21, 2018 by the 2nd High Criminal Court of Kocaeli, where he was tried before being elected deputy, for “having carried out PKK / KCK propaganda”.
After the court’s decision was ruled legal by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice, the case reached the Court of Cassation on appeal. The 16th Criminal Chamber of the Supreme Court confirmed the sentence of 2 years and 6 months in prison handed down against Gergerlioğlu.
At the General Assembly of the Grand National Assembly of Turkey, the presidential memorandum regarding the final sentence pronounced by the court against Gergerlioğlu of the HDP was read, and in accordance with the Constitution, Gergerlioğlu was removed from his post as deputy after the resolution read in the General Assembly. Gergerlioğlu, who was subsequently arrested, filed an individual petition with the Constitutional Court.
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