Demirtaş provision in the bill

New powers will be vested in provincial governors under the 25-article bill that the AK Party has proposed with two days remaining until the end of the state of emergency, and expulsions will continue. With time under arrest being up to twelve days, restrictions will also be imposed on meetings and protest marches.

According to a report by Nergis Demirkaya of Gazete Duvar, one striking measure in the bill that is expected to be debated this week at the Parliamentary Justice Commission and speedily brought before parliament concerns detention review conducted in accordance with the Code of Criminal Procedure.

In the article, in which the time under arrest is extended to twelve days for crimes under the Counterterrorism Law and organisational crimes, fresh provision has been made on objections to detention and applications for release.

HEARING-BASED DETENTION REVIEW INTERVAL EXTENDED TO 90 DAYS

Accordingly, a file-based decision can be passed on applications for release together with detention review at thirty-day intervals. The detention review to be conducted will be made ex officio based on the file at thirty-day intervals at most or by hearing the person or their defence counsel at ninety-day intervals. The current provision is thirty days. This is being extended to ninety days under this proposed bill.

DEMİRTAŞ AWARDED DAMAGES

CHP Istanbul MP Sezgin Tanrıkulu, pointing out that this provision being made on detention review comes in the wake of Demirtaş’s damages suit that was concluded a day or two ago, said that this amendment was contrary to the principles of a fair trial and to personal rights and freedoms.

Demirtaş filed a claim on the grounds that detention review was not conducted at thirty-day intervals for four months and was awarded 10,000 lira in non-pecuniary damages at the end of the proceedings.

http://www.cumhuriyet.com.tr/haber/siyaset/1029718/OHAL_kanun_teklifinde_Demirtas_duzenlemesi.html