Omer Faruk Gergerlioglu, a parliamentarian from the pro-left People’s Democracy Party (HDP), lost his seat earlier this month when he was found guilty of “spreading terrorist propaganda” on social networks.
That 2016 post, for which active human rights defender OFGergerlioglu may have to spend two and a half years behind bars, referred to an article calling on Kurdish militants to continue the uprising against the Turkish state since 1984 to seek peace.
OFGergerlioglu has infuriated President Recep Tayyip Erdogan by frequently exposing serious human rights abuses, including the search of detained women naked, which are not usually covered by the mainstream media.
The Constitutional Court said on Wednesday that it had no jurisdiction to rule on OFGergerlioglu’s complaint, the official Anatolian news agency reported.
OFGergerlioglu wrote on Twitter that he now intends to file a complaint with the European Court of Human Rights in Strasbourg.
The Constitutional Court is also due to decide on Wednesday whether to grant a request from prosecutors to ban HDP because of its alleged links to the banned Kurdistan Workers’ Party (PKK).
The Turkish government claims that the HDP, with its third largest faction in parliament, is the political wing of the PKK. HDP denies these allegations.
Ankara and its Western allies regard the PKK as a terrorist group.
A Turkish prosecutor filed an indictment with the Constitutional Court in the middle of this month to liquidate the HDP and ban 687 of its members from participating in politics for five years.
Efforts to ban HDP faced a legal hurdle on Tuesday when the special court reporter announced a “deficiency” in the case file regarding the identities and roles of some of the accused.
The court now has two options: return the indictment to the prosecutor or accept it and allow the prosecutor to rectify the deficiencies during the trial, Turkish television NTV said.