İSTANBUL - Arzu Eylem Kayaoğlu, the lawyer of Semra Güzel, who was arrested after her immunity was lifted, applied to the Constitutional Court, stating that Güzel was arrested while she was a parliamentarian before "sufficient suspicion of crime" was formed, was based on political motives.

 

The Adıyaman Chief Public Prosecutor's Office opened an investigation against Peoples' Democratic Party (HDP) Deputy Semra Güzel on April 29, 2017, on grounds of the photos taken with HPG's Volkan Bora. After 4 and a half years, the prosecutor's office opened a separate investigation on the allegations against Güzel on March 10, 2021. The prosecutor's office, which made a decision of no-jurisdiction in the investigation due to Güzel's being a deputy, sent the investigation to the Ankara Chief Public Prosecutor's Office. On January 8, while the investigation was still ongoing, Güzel was targeted by the pool media. Thereupon, on January 10, 2022, a report was drawn up against him on the allegation of "being a member of the PKK". 

 

DECISION OF THE 'PARTNERS'

 

The report was sent to the Ministry of Justice to be submitted to the Parliament for the lifting of immunity. With the joint votes of AKP, MHP, CHP and IP, Güzel's immunity was lifted in the Parliament on March 1. At the request of the prosecutor's office, an arrest warrant was issued for Güzel on March 23, with the decision of the Ankara 3rd Criminal Court of Peace. Güzel was detained in Istanbul, where he was on September 2. Güzel was taken to Silivri Closed Prison after the arrest warrant issued by the same judge at the Istanbul Courthouse, where he was taken out.

 

APPLICATION TO THE CONSTITUTIONAL COURT

 

Later, in the indictment prepared on October 14, a prison sentence of 7 and a half years to 15 years was requested for Güzel for "membership in a terrorist organization". The indictment was accepted by the Ankara 22nd High Criminal Court. Güzel's first hearing will be held on 19 December.

 

Action Arzu Kayaoğlu, a member of the Association of Lawyers for Freedom (ÖHD) and Güzel's lawyer, said that the lifting of immunity and detention is a violation of the 18th and 19th articles of the Constitution, the 5th of the European Convention on Human Rights (ECHR) and the United Nations' (UN) Article 9 of the Covenant on Civil and Political Rights and applied to the constitutional court.