Constitutional Court dismisses HDP MP’s application

Alican Uludağ
 
The Plenary Session of the Constitutional Court has ruled that the allegations in the individual application made by HDP MP Gülser Yıldırım that her detention was unlawful, her rights to freedom of speech and to be elected to office and engage in political activity had been violated and her access to the investigation file had been restricted were blatantly unfounded, while the allegation that her apprehension and arrest was contrary to the law was inadmissible due to non-exhaustion of remedies.
 
The following was said in the comment made by the court:
 
The Plenary Session of the Constitutional Court ruled on 16/11/2017 on the individual application made by Gülser Yıldırım (Appl. No: 2016/40170) that the allegations that her detention was unlawful, her rights to freedom of speech and to be elected to office and engage in political activity had been violated and her access to the investigation file had been restricted were blatantly unfounded, while the allegation that her apprehension and arrest was contrary to the law was inadmissible due to non-exhaustion of remedies.
 
Constitutional Court reverses its 2013 ruling
 
The Constitutional Court’s dismissal of the application over the violation of the right to be elected to office and engage in political activity has led to it reversing the precedent it set in 2013 over Mustafa Balbay. The court had ruled on 2 January 2014 in an application by Gülser Yıldırım, at that time a BDP MP and a detainee in the KCK trial, that her right to be elected to office and engage in political activity had been violated. Yıldırım was released under this decision.