Kurdish deputies rights to a fair trial violated rules Turkish Constitutional Court

[Bahoz]

Turkey's Constitutional Court has ruled that the right to a fair trial of two pro-Kurdish Peace and Democracy Party (BDP) deputies who are being tried in a case involving the Kurdistan Communities Union (KCK), an umbrella organization that includes the terrorist Kurdistan Workers' Party (PKK), was violated during the judicial process.

In late December, the prosecutor asked the Diyarbakır 5th High Criminal Court to release the two BDP deputies, but the court ruled against the release, with two judges voting against and one voting in favor, of the BDP's Gülser Yıldırım and İbrahim Ayhan.

Mustafa Balbay, a deputy from the main opposition Republican People's Party (CHP), who was convicted in the Ergenekon trial of plotting a coup against the government and was sentenced to 34 years in prison in August, was released last week based on a recent decision by the Constitutional Court (AYM) that a long-detention period is a violation of a prisoner's right. The İstanbul 13th High Criminal Court decided to release Balbay shortly after prosecutors asked the court to release him from prison.

Taking the AYM's Balbay verdict and the Balbay case as an example, lawyers of the BDP deputies submitted a petition with the Diyarbakır prosecutor's office that their clients be also released due to their long detention period in prison so far.

The court rejected the demand in December. With Constitutional Court's ruling, two BDP deputies would be released soon.

 

[Bahoz]

Finally. After being imprisoned for two years for no reason at all other than being Kurds, they are now released. And there were those who were saying they were ''terrorists''.

POLITICS - Two jailed Kurdish lawmakers released by Diyarbakır court following top court’s ruling

 

[Bahoz]

Released Kurdish MPs greeted by thousands of Kurds

 

[Bahoz]

Released Kurdish MPs recieved by thousands of women

 

[Arabian Legend]

Why is the Kurds of Syria helping Assad if I may ask?

 

[Bahoz]

Why is the Kurds of Syria helping Assad if I may ask?

They are not helping assad. There is a tactical ceasefire between the Kurds and assad. Although sporadic fightings between Kurds and assad forces happen especially in Aleppo and Hassakah. I would say that an equal amount of Kurds have been killed both by SAA and ISIS/Nusra.

POLITICS - PYD begins fight against al-Assad regime forces in northern Syria

Kurdpress News Aganecy - Deadly clashes erupted between Kurds and Syria government forces

 

[al-Hasani]

They are not helping assad. There is a tactical ceasefire between the Kurds and assad. Although sporadic fightings between Kurds and assad forces happen especially in Aleppo and Hassakah. I would say that an equal amount of Kurds have been killed both by SAA and ISIS/Nusra.

POLITICS - PYD begins fight against al-Assad regime forces in northern Syria

Kurdpress News Aganecy - Deadly clashes erupted between Kurds and Syria government forces

What is the official Kurdish stand on FSA?

 

[Bahoz]

What is the official Kurdish stand on FSA?

Kurds have no problem with FSA. They even have joint operation against ISIS/Nusra. Jabhat al Akrad ( second biggest Kurdish fighting force) was formerly a part of FSA until it realised that many of FSA's branches were being taken over by extremist elements unfortunately. For instance, if you look at Aleppo today, and especially the northern parts of Aleppo, you will find that both the moderate FSA and the YPG are both fighting SAA on one side and Al Qaeda on the other, but rarely do FSA and YPG fight each other.

There is however a political rift between the Kurds and SNC. Kurds say they want their rights guaranteed in the constitution but the SNC is not ready to that yet. I do not think the Sunni Arabs have any problems with Kurds getting their rights guaranteed in the constitution seeing as Kurds and Sunnis have been living peacefully for a long time now and share the same religion. But I believe that the reason SNC is opposing is not out of their own will. Since much of their influence and legitimicy is based in Turkey and the interest of Turkey, it is quite natural that they oppose any rights for Kurds. However the situation is softening up a bit. I believe the latest status is that SNC will accept Kurdish rights in the constitution on the condition that Kurds join the SNC at Geneva instead of Kurds being represented as a seperate group.

 

[-SINAN-]

getting their rights guaranteed in

You say this stuff a lot... "rights", can you expand what these rights for Kurds in both Turkey and Syria ?

I just want to hear from your mouth.

 

[Bahoz]

You say this stuff a lot... "rights", can you expand what these rights for Kurds in both Turkey and Syria ?

I just want to hear from your mouth.

I have explained them to you 100 times. That you do not want to understand is a whole other issue. I am sure any other normal human being can understand what rights is. If not, look up the ECHR and study for yourself.

 

[-SINAN-]

I have explained them to you 100 times. That you do not want to understand is a whole other issue. I am sure any other normal human being can understand what rights is. If not, look up the ECHR and study for yourself.

No, because you always say vague stuff like "acknowledged by constitution", i mean what does it means anyway... Is there gone be a sentence in constitution saying " We acknowledge Kurds"...

As far as i know you guys want

• Freedom for Ocalan
• Mass amnesty for PKK.
• Autonomous region ruled by Kurds
• Kurdish will be official language in Turkey.

Am i am wrong or are there anything you want to add more ?

 

[Bahoz]

No, because you always say vague stuff like "acknowledged by constitution", i mean what does it means anyway... Is there gone be a sentence in constitution saying " We acknowledge Kurds"...

As far as i know you guys want

• Freedom for Ocalan
• Mass amnesty for PKK.
• Autonomous region ruled by Kurds
• Kurdish will be official language in Turkey.

Am i am wrong or are there anything you want to add more ?

Read the ECHR. Read every single article in it carefully and you will understand it.

What I mean by aknowledged by constitution is that the rights you see in ECHR, or something similar, should be incorporated in the Turkish consitution as it is incorporated in the constitutions of the European countries. Even USA has had a similar system for almost 250 years as seen in the Declaration of Independance. Once it is guaranteed by constitution, every institution or person that breaches the rights of Kurds ( or any other person, not only minorities) it can be brought before the constitutional court and be sanctioned. That is the only solution for democracy in Turkey.

If the ECHR is incorporated, all the things you have listed will come naturally. Ocalan will be included in politics ( in accordance to the articles of fair trial, association and expression. The PKK will automatically be involved in the civil society in accordance to the articles on respect for life, a fair trial and association. Kurdish will automatically become an official language in accordance to the article of liberty and prevention of discrimination etc.

With regards to autonomous region, that is a political issue and could be dealt with over time. As Turkey becomes more democratic, the local socities will be strengthened further and the state will be decentralized.

Right now you are probably thinking something negative about this because you look at it from a pessimistic point of view and because you think it will lead to the seperation of Turkey and the situation of Kurdish question. But try to look past this. Try to understand the ECHR and you will see that it will be positive for all of Turkey, not just the Kurds.

 

[anatolia]

Why is the Kurds of Syria helping Assad if I may ask?

assad fc**ed them good before.they want more.

 

[-SINAN-]

Okay, thanks for the explanation. Not that these will happen though.

 

[-SINAN-]

Read the ECHR. Read every single article in it carefully and you will understand it.

Haha, are you serious ?

European Court of Human Rights, i'am no lawmaker and you want me to read entire ECHR ? Are you high