Politically Motivated Prosecutions and Detentions: Grand Chamber judgment in the case of Selahattin Demirtaş v. Turkey (no. 2)

This is a commentary paper by focusing on the European Court of Human Rights Grand Chamber’s judgment in the case of Selahattin Demirtaş v. Turkey (no. 2). It is a controversial judgement which has received substantial international attention. In this case, the Court has been given the opportunity to reiterate its key positions on a highly important aspect of freedom of expression (Article 10), the right to liberty and security (Article 5) and the right to free elections (Article 3 of Protocol No. 1). In addition, the Court has for the first time handed down a judgment finding that Article 18 had been violated in conjunction with Article 5. Finally, this judgement is remarkable because it raises the question of what to do when Contracting Parties do not comply with ECtHR judgments (Article 46).