May 11
2021
Dolores Utrilla
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4th May 2021
Human Rights Institutional law Justice & Litigation

ECtHR: withdrawal of parliamentary immunity under the Turkish 2016 constitutional amendment breaches freedom of expression

The European Court of Human Rights (ECtHR) has just handed down its Chamber judgment in Kerestecioğlu Demir v. Turkey (application no. 68136/16), ruling that depriving an elected member of parliament of her parliamentary immunity through the mechanism introduced by a 2016 constitutional amendment is contrary to the freedom of expression under Article 10 of the European Convention on Human Rights (ECHR).

The case concerns an elected member of the Turkish National Assembly, whose parliamentary immunity was withdrawn following the constitutional amendment of 20 May 2016. Under this amendment, the parliamentary immunity provided for in Article 83 of the Turkish Constitution was to be withdrawn in all cases where a request for waiver o

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