Grand decision from the Constitutional Court: “Gergerlioğlu’s right to freedom of expression and political activity violated.”

The Constitutional Court (AYM) unanimously gave a verdict that HDP member Ömer Faruk Gergerlioğlu’s rights were violated.

Gergerlioğlu was stripped of his parliamentary seat in March following his two-and-a-half-year sentence over social media posts.

 

The court ruled that Gergerlioğlu’s “freedom of expression” and “right to engage in political activity” were violated. The court also decided that 30 thousand Turkish Lira is to be paid to Gergerlioğlu as compensation.

 

Announcing the grand decision, his son Salih Gergerlioğlu said, “The Constitutional Court has given a decision of ‘violation of rights’ against my father. He is being released, my father is being released”.

Anayasa Mahkemesi, babam hakkında ‘hak ihlali’ kararı verdi. Tahliye oluyor babam tahliye oluyorrr

— Salih Gergerlioğlu (@salihro) July 1, 2021

 

A notice will be sent to the Criminal Court of Kocaeli where Gergerlioğlu’s initial sentence was ruled. Gergerlioğlu, who has been in prison for 106 days, is expected to be released following the receipt of the notice. As with Enis Berberoğlu’s case, the way for his return to the parliament has been cleared.

Adalet Nöbeti’nin 106. günü. Babam, 90 gündür hukuksuzca hapsediliyor. AYM kararına son bir gün. Hukuksuzluğu sonlandırın. @AYMBASKANLIGI

— Salih Gergerlioğlu (@salihro) June 30, 2021

 

Gergerlioglu became a target for the Turkish government after repeatedly speaking out against human rights violations and torture claims in the country and strip searches of female inmates in prisons.

 

Human rights defender Gergerlioğlu was sentenced to 2 years and 6 months in prison for “making propaganda for a terrorist organization” for a post he made on social media, and this sentence was upheld by the 16th Penal Chamber of the Supreme Court of Appeals. Following the decision read in the General Assembly of the Assembly, HDP deputy Gergerlioğlu was relieved of his parliamentary seat.

While Gergerlioğlu is expected to be released from prison after the decision of the Constitutional Court, the ruling will be sent to the Parliament to begin the process of restoring his parliamentary seat.