Appeal against Resul Emrah Şahan's detention! 'PKK has been dissolved, no crime exists'

A request for release has been filed with the Istanbul Chief Public Prosecutor's Office by Attorney Hüseyin Ersöz regarding the investigation into Resul Emrah Şahan, the Mayor of Şişli—who was elected with a record number of votes and subsequently replaced by a trustee—and the President of the Social Democratic Municipalities Association. 

In the petition submitted to the court, Ersöz clearly emphasized that the accusations directed at Resul Emrah Şahan are based on abstract assumptions lacking any legal foundation, and that perceptions attempted to be created in the public eye through concepts such as "urban consensus" are devoid of evidence. 

''CRIMINALIZATION IS CONTRARY TO LAW''

In his request for release, Ersöz emphasized that “when his professional and political background and his work are evaluated as a whole, it is impossible to make any accusation against him regarding aiding any terrorist organization.”

''ORGANIZATION DISSOLVED, ACCUSATIONS DISAPPEARED''

Speaking on the matter, Attorney Hüseyin Ersöz stated, “The declaration by the PKK/KCK organization on May 12, 2025, that it has dissolved itself and abandoned armed struggle has legally and factually eliminated all elements of the alleged crime of ‘aiding the organization.’ Aside from the absence of the material and moral elements of the crime, given that the organization has currently disbanded, the accusation of ‘aiding the organization’ remains in a vacuum in both a temporal and factual context. Continuing detention on the claim of aiding an organization that no longer exists is a clear violation of rights and an unjust restriction of the right to personal liberty and security,” he said. 

Another point highlighted in Attorney Hüseyin Ersöz's petition was that detention reviews were conducted without a hearing and without notifying lawyers, in violation of Article 108 of the Criminal Procedure Code (CMK). It was emphasized that this situation results in a violation of the right to a fair trial within the framework of the case law of the European Court of Human Rights and the Constitutional Court.

''THE WILL OF THE PEOPLE MUST BE RESPECTED''

“In this process where the law is bent and twisted for political motives, Resul Emrah Şahan’s detention has ceased to be a judicial measure and has turned into a tool of punishment. There is a political lynching campaign and an intervention against the democratic will through the judiciary,” said Ersöz, who concluded his remarks as follows: 

“Attempting to associate a mayor with illegal structures by citing a legal election strategy of political parties cannot be explained by the principle of the rule of law. Associating the local government vision that the Republican People's Party (CHP) calls the ‘Turkey Alliance’ with terrorism pushes parties to a point where they cannot produce politics.

For these reasons, and considering the current process we are in, the release of Resul Emrah Şahan is a necessity not only from a legal standpoint but also as a requirement of democratic principles and respect for the will of the people.”