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Selahattin Demirtaş v. Turkey (no. 2): Prosecution of An Opposition Leader in Turkey

Selahattin Demirtaş v. Turkey (no. 2): Prosecution of An Opposition Leader in Turkey

Cinar, Ozgur (2021) Selahattin Demirtaş v. Turkey (no. 2): Prosecution of An Opposition Leader in Turkey. Cambridge International Law Journal. ISSN 2398-9181 (Online)

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Abstract

On 22nd December 2020, the European Court of Human Rights (ECtHR) delivered its Grand Chamber judgment in Selahattin Demirtaş v Turkey (No. 2) (application no. 14305/17). In this case, the Court has been given the opportunity to reiterate its key positions on a highly important aspect of freedom of expression (Article 10), the right to liberty and security (Article 5), and the right to free elections (Article 3 of Protocol No. 1). In addition, the Court has for the first time handed down a judgment finding that Article 18 had been violated in conjunction with Article 5. Finally, this judgment is remarkable because it raises the question of what to do when Contracting Parties do not comply with ECtHR judgments (Article 46). This article provides a brief overview of the facts and the judgment of this case. Later, I will argue that the execution of this judgment presents a serious challenge and will discuss some legal arguments in that regard.

Item Type: Article
Uncontrolled Keywords: European Court of Human Rights, Grand Chamber, Demirtas, Turkey
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 13 Apr 2021 14:35
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/31342

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