Strasbourg Court ruled on Tuesday that Türkiye violated the right to a fair defense by restricting confidential communications between HDP leaders held in custody and their lawyers, with particular emphasis on the time since 2016. The decision highlights ongoing concerns about the confidentiality of prison legal consultations and the impact of such restrictions on the ability of defendants to mount an effective defense.
In its ruling, the European Court of Human Rights found that Turkish judicial authorities failed to demonstrate any exceptional circumstances that would justify breaching the fundamental principle of confidential attorney-client discussions. The court underscored that safeguarding confidential exchanges between a defendant and counsel is essential for a fair trial, and deviations from this standard require clear and compelling safeguards against abuse. The measures in place did not meet those protections, the court observed.
The judgment further notes that the constraints placed on exercising the right to defense were not accompanied by adequate and sufficient guarantees to prevent potential misuse. Consequently, the court concluded that the restrictions undermined the fairness of proceedings and the integrity of legal representation for the detained leaders and their deputies.
As a result, Türkiye was ordered to compensate each of the plaintiffs with 5,500 euros for non-pecuniary damage and to cover 2,500 euros in legal costs to be shared jointly. This financial remedy reflects the court’s assessment of the personal impact of the violations and the procedural shortcomings that affected the right to counsel during confinement.
Selahattin Demirtaş and Figen Yüksekdağ Şenoğlu, who remain in detention, were among the prominent figures associated with the HDP, a political party that has faced intense scrutiny and legal challenges since 2016. Their imprisonment followed a broader series of arrests tied to terrorism charges that occurred in the months after a failed coup attempt against President Recep Tayyip Erdoğan. The case has drawn sustained attention to issues surrounding due process, political rights, and the treatment of opposition voices within Türkiye’s judicial system.
According to the court, the enforcement of prior judgments related to the case included measures taken after the coup attempt, such as ensuring that all interviews with lawyers were conducted in the presence of an official and that communications and materials exchanged during consultations were subject to recording and potential confiscation. The decision stresses that such procedures must respect the confidentiality of attorney-client communications to preserve the integrity of the defense and the fairness of the proceedings.
Previously, the European Court of Human Rights had addressed similar concerns, ruling against Türkiye in December 2020 and again in November 2022, on grounds related to the conditions of arrest and the treatment of detainees who faced charges linked to the same broader context. The court’s assessments emphasized that the restrictions and conditions imposed on those in custody could infringe several rights protected by the European Convention on Human Rights, including protection of liberty and security, freedom of expression, the right to vote, and other associated rights. The panel of European judges concluded that in those rulings the presented facts did not substantiate the alleged terrorist offenses with sufficient evidence to support the charges as framed against the individuals.
The latest decision reinforces the principle that withholding essential details or failing to demonstrate adequate safeguards in the chain of communication between detainees and their counsel can compromise a fair trial. It also reiterates that the right to legal counsel remains a cornerstone of due process, particularly in high-profile political cases that involve leaders or prominent figures. The European Court of Human Rights continues to monitor Türkiye’s compliance with its obligations under the European Convention on Human Rights and to ensure that the rights of defendants are protected throughout judicial proceedings.
In summary, the court’s ruling reflects a clear stance: confidentiality in attorney-client communications is a non negotiable element of fair proceedings. The decision assigns financial responsibility to Türkiye for the demonstrated violations and reinforces the expectation that future actions by state authorities will align with established guarantees that safeguard the core rights of defense and due process for all detainees involved in politically charged cases.