Yüksekdağ Şenoğlu and Others v. Turkey, Nos. 14332/17 and 12 others, ECtHR (Second Section), 8 November 2022

Pre-trial detention of a pro-Kurdish political party representatives during their time as members of Parliament.

Art. 10 ECHR
Art. 5 ECHR
Art. 1 Prot. 1 ECHR
Art. 18 ECHR

1. Considering the importance of freedom of expression for parliamentarians, a combination of measures such as the lifting of parliamentary immunity, the placement and maintenance in pre-trial detention, and the criminal proceedings instituted against the latter essentially because of their political speeches, entails a violation of the Convention.

2. The remarks of a political nature made by the leaders of the second opposition political party cannot be considered as sufficient to justify the plausibility of the suspicions supposed to have served basis for provisional detention for serious offenses related to terrorism.
(In the present case, where thirteen members of the Grand National Assembly who represented the pro-Kurdish HDP were placed and maintained in pre-trial detention on account of political speeches given by them, the Court found a violation of Article 10, of Article 5 §§§ 1-3-4, as well as of Article 1 of Protocol no. 1, and of Article 18 taken together with Article 5 § 1 ECHR).