Information Note on the Court’s case-law 227

March 2019

KerestecioÄŸlu Demir v. Turkey (communicated case) - 68136/16

Article 10

Article 10-1

Freedom of expression

Lifting of immunity of an MP allegedly on the basis of her political opinions: communicated

In 2015 the applicant was elected to parliament. A few months later, a public prosecutor asked the National Assembly to lift her parliamentary immunity i n the context of criminal proceedings against her. According to the applicant, that request had stemmed from her participation in a statement to be given to the press. In May 2016 the Assembly adopted a constitutional amendment under which immunity was aut omatically lifted for all the MPs concerned by such a request if received before the date that the amendment in question was passed. The constitutional amendment concerned a total of 154 MPs.

Seventy MPs challenged the measure before the Constitutional Co urt, under the procedure applicable to decisions to lift immunity. But the Constitutional Court took the view that, as regards an amendment to the Constitution, an application for annulment was admissible only if it was tabled by at least one fifth of the 550 members of the National Assembly, and that threshold had not been reached. The measure thus came into force and the applicant lost her immunity vis-à-vis the above-mentioned criminal investigation. In the 2018 parliamentary elections she was re-elected .

The applicant complains that the lifting of her immunity was based on her political opinions.

Communicated under Article 10 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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