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ECtHR rejects PKK terrorist's claim of violation of legal jurisdiction right

by DAILY SABAH WITH AA

ISTANBUL Sep 10, 2020 - 1:04 pm GMT+3
Judges of the European Court of Human Rights enter the hearing room of the court in Strasbourg, Dec. 3, 2013.
Judges of the European Court of Human Rights enter the hearing room of the court in Strasbourg, Dec. 3, 2013.
by DAILY SABAH WITH AA Sep 10, 2020 1:04 pm

The European Court of Human Rights (ECtHR) has rejected a PKK terrorist's claim of violation of his right to legal jurisdiction in Turkey for a 1999 terrorist incident.

According to information received by Anadolu Agency (AA), Fırat Pervane was captured after being injured in a conflict with security forces back on Nov. 12, 1999.

After his arrest, Pervane confirmed during the case that he was a PKK member but refused to accept that he had participated in the armed conflict. Eventually, he was sentenced to life imprisonment.

Applying to the ECtHR, Pervane claimed that his testimony was taken in the absence of a lawyer and since these testimonies were used as proof against him during the case, it was in violation of legal jurisdiction.

Investigating the application, the ECtHR requested the Turkish government's opinion on the case.

In the opinion, which was sent by the Justice Ministry's Human Rights department on behalf of the government, it was reminded that the applier was caught in a conflict, carrying a gun.

It was expressed that the applier was arrested on Nov.14, 1999, and at that time if a crime was within the scope of the State Security Courts (DGM), the limitations of having a lawyer present were removed.

The opinion further underlined that since he was caught red-handed, the testimonies that were received without the presence of a lawyer were actually not determinative over the court's overall decision.

Taking the government's opinion into consideration, the ECtHR decided that there was no violation of the legal jurisdiction rights regardless of his testimony, as he was caught while carrying out the act in question.

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  • Last Update: Sep 10, 2020 3:37 pm
    KEYWORDS
    fight against terrorism pkk echr terrorism europe
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