Court asks for legal regulation for the implementation of ECtHR judgment

2020-02-22 11:01:15


	 

	DİYARBAKIR -  A court in Diyarbakir has ruled that the European Court of Human Rights, which regards life imprisonment as a 'violation', will not implement its decision. The court pointed to the need for legal regulation to eliminate the violation.

	 

	The Diyarbakır 7th High Criminal Court decided that the European Court of Human Rights (ECHR), which counts the aggravated life imprisonment without the possibility of parole, a violation of 'the prohibition of torture and ill treatment' and demanded that the consequences of the violation to be eliminated, decided that the decision can not be implemented without making a legal regulation about it.

	 

	The court announced its reasoned decision on the Civan Boltan case which ECtHR found guilty for violating the 3rd article of the prohibition of torture and ill treatment.

	 

	The reasoned decision that underlines Boltan is sentenced to aggravated life imprisonment due to the 302/1 article of the Turkish Penal Code (TCK) that regulates the crimes against the 'unity and integrity of the state', stated that ECtHR sentenced Turkey to be convicted to indemnity for sentencing the applicant to life imprisonment without the possibility of parole is a violation of the 3rd article of the European Convention on Human Rights and demanded that the consequences of the violation to be eliminated.

	 

	Commenting on the court's decision, Boltan's attorney Mehdi Özdemir stating that ECtHR ruled that sentencing a person to life imprisonment without the possibility of parole is a violation of the prohibition of torture and ill treatment', said the ECtHR demanded that the consequences of the violation to be eliminated. Therefore, Özdemir stated that they had applied to the Diyarbakır 7th High Criminal Court for re-trial and the parole of the client to eliminate the consequences of the violation, said: "The court accepted our request for a retrial, but it refused our request to suspend the sentence."

	 

	Özdemir said: "There is no possibility to eliminate the consequences of this violation unless legal changes are made in this area, and stating that they will apply to the Constitutional Court and the ECtHR in response to a possible refusal to appeal to the Court of Cassation, to eliminate the consequences of the violation.