ECtHR: Turkey violated freedom of expression in Cumhuriyet newspaper case

Click to read the article in Turkish / Kurdish

The European Court of Human Rights (ECtHR) gave a judgment today (November 10) on the application by executives, columnists and employees of Cumhuriyet newspaper about their arrest in 2016.

It ruled that Turkey violated Article 5/1 of the European Convention on Human Rights (ECHR) on the right to liberty and security and Article 10 on freedom of expression and should pay compensation to the applicants.

Murat Sabuncu, the newspaper's editor-in-chief at the time, Akın Atalay, Musa Kart, Önder Çelik, Mustafa Kemal Güngör, Hakan Karasinir, Güray Tekin Öz and Bülent Utku will be paid 16,000 Euro each, according to the decision.

In its justified decision, the court stated there had been no reasonable or strong suspicion capable of justifying the applicants' arrest and detention.

The newspaper's employees were detained on October 31, 2016, for "committing a crime on behalf of a terrorist organization without being a member of it."

Erol Önderoğlu, the Reporters Without Borders (RSF) Representative in Turkey, said the decision showed that there were arbitrary political pressures on journalists and the judiciary was also involved in violations.

"We hope that the Court of Cassation will also confirm that critical journalism about the agenda is not a crime. We also hope that the government will leave journalists alone after this serious conviction," he added.

What happened?

Executives and journalists from Cumhuriyet were detained on October 31, 2016, for committing a crime on behalf of the Kurdistan Workers' Party (PKK) and the "Fethullahist Terrorist Organization (FETÖ)" without being a member of these groups.

The İstanbul 27th Heavy Penal Court sentenced 15 defendants to a total of 81 years and 45 days in prison while acquitting three people.

Cumhuriyet Executive Board Chair Akın Atalay was acquitted of "malpractice" and sentenced to 7 years, 3 months and 15 days in prison for "aiding an illegal organization". Orhan Erinç was sentenced to 6 years and 3 months, Murat Sabuncu to 7 years and 6 months, Kadri Gürsel to 2 years and 6 months, Güray Öz to 3 years and 9 months, Musa Kart to 3 years and 9 months, Aydın Engin to 7 years and 6 months, Hikmet Çetinkaya to 6 years and 3 months, Ahmet Şık to 7 years and 6 months, Mustafa Kemal Güngör, Hakan Kara and Önder Çelik each to 3 years and 9 months, Ahmet Kemal Aydoğdu to 10 years, Emre İper to 3 years 1 month and 15 days in prison on the charge of "aiding a terrorist organization". Bülent Utku was acquitted of "malpractice" and sentenced to 4 years and 6 months in prison on the charge of "aiding and propagandizing for a terrorist organization".

As the defendants were released over the course of the trial and after a decision was given, the defendants who were given a prison sentence of less than five years were sent to prison on the grounds that they didn't have the right to apply to the Court of Cassation.

The Court of Cassation overturned the local court's decision due to the lack of tangible evidence and ruled that the defendants should be acquitted. After it stated that the files of those who were sentenced to less than five years in prison should be considered together with other defendants, they were also released.

The İstanbul 27th Heavy Penal Court defied the Court of Cassation ruling.

(HA/VK)