Hopes are high for the release of jailed lawmaker Mustafa Balbay following a Constitutional Court’s landmark ruling stating that the lengthy imprisonment of Balbay amounted to a “violation of the law” and “violation of his right to be elected.”

The Istanbul 13th High Criminal Court is expected to announce its decision today in response to a petition from Balbay’s lawyers for his release following the top court ruling. Balbay’s lawyers petitioned the Istanbul court on Dec. 6, but the court said the decision would be announced this week.

According to a law governing Constitutional Court operations, the lower court should remove the violation that the higher court had ruled. Since the Constitutional Court ruled that Balbay’s right to be elected was violated, the lower court should release the lawmaker in order for him to exercise his right to hold office, Balbay’s lawyers said in their petition. Balbay, a columnist for daily Cumhuriyet, was detained on March 5, 2009 and elected as an Izmir deputy for the main opposition Republican People’s Party (CHP) deputy in the June 2011 elections, however, the Istanbul court refused to release him after elections. Balbay was sentenced to 34 years and eight months in prison on charges related to the Ergenekon coup plot trial on Aug. 5. 

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Source: http://www.hurriyetdailynews.com/hopes-high-for-jailed-deputys-release-today.aspx?pageID=238&nID=59241&NewsCatID=339

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We will wait and see..

Court rules for release of jailed deputy and journalist Balbay

An Istanbul court ruled on Dec. 9 for the release of jailed deputy and journalist Mustafa Balbay, following a Constitutional Court ruling that his lengthy imprisonment amounted to a “violation of the law” and a “violation of his right to be elected.”

“I sincerely hope that this process will be a fresh start,” the journalist and Republican People’s Party (CHP) deputy Balbay said immediately after leaving Ankara´s Sincan Prison.

Balbay, 53, who was elected to Parliament in the 2011 general elections for the CHP, said he would probably take his parliamentary oath Dec. 10, but wanted more than anything else to take the pledge in front of the public.

Vowing to fight against every kind of unlawfulness and injustice, Balbay particularly asserted that he would take on the duty of supporting the freedom of prisoners subject to unjust treatment and lengthy detentions.

source:

http://www.hurriyetdailynews.com/court-rules-for-release-of-jailed-deputy-and-journalist-balbay-.aspx?pageID=238&nID=59260&NewsCatID=339