Final Curtain in Custody
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We publish the legal struggle of journalist Tuğba Tekerek against her unfair detention.
Some of you will remember: I had left my house to change my curtains and had been detained as I was passing in front of Gayrettepe Public Security Branch Office seven months ago. After I was released and a non-prosecution verdict was issued, my lawyers saying "We cannot let this go" filed a compensation lawsuit. We've gained a victory, albeit a small one, in a country in which there are now only crumbs of justice left.
In sum: We were right, we won, we are a bit surprised!
I explain this verdict to which my attorney Veysel Ok refers as "precedent", with the hope that it will be an example to other victims. But first let me summarize my detention process.
On August 21, Sunday, I left my house for Cevahir Wall to change my curtains. I saw the acquaintances of the people detained at Gayrettepe Police Station on my way; some were sitting on chairs, some were praying, and there were babies crying...I took their photos with my cell phone and proceeded on my way. After 200 meters, a police officer stopped me. He told me I took photo, which might mean that "I could be scouting the station for an attack" and he detained me.
I hadn't taken the photo of the station, besides, it was not illegal to take photo of it. There were thousands of them on Internet. According to the minute of prosecution questioning included in the investigation file subsequently, the prosecutor as well says "nothing can happen about taking photo".
However, the police officers found out that I worked at Taraf newspaper. They checked my tweets and asked "Are you making news about the closed universities". I think they didn't like me very much. And that day, they pressed the charge of "insulting the president" against me over one of my tweets and they took me into custody.
I'd found myself in custody out of the blue on a Sunday night when I left my home to get some curtains.
In a jam-packed jail where people can't even find space to stretch their feet while sleeping...
At least, just before being taken into custody, I had called attorney Veysel Ok from the legal support division of Platform for Independent Journalism P24. Ok had come to the police station and found me though being told, "No, there is no such person here". Me being taken into custody had sparked reactions on the social media. On the next day, the prosecutor released me without any questions before the court. At the end of a three-months-long investigation, they decided that there was no need for prosecution.
Veysel Ok and Ferat Çağıl, attorneys of P24 did not stop pursuing the case. They filed a lawsuit against the State Treasury. The verdict was rendered in our favour in the first hearing of the trial held on March 14. The 15th High Criminal Court in its reasoned decision observed that "the plaintiff has suffered moral damages due to the amount of time served in custody" and partially admitted our claim considering the rights, equity laws and the social position of the plaintiff and ruled that the treasury pay me 1,000 TL [256 Euro] in moral damages".
According to my attorney Ok, the damages should be compensated by those who are responsible for the unlawful detention, and the decision is deficient in this sense. But still, this is a landmark decision and rules that those taken into custody unlawfully have a right for compensation of damages.
Noting that ten thousands of people have been taken into custody in the recent months, Ok recommends that those taken into custody without being given any reason should press charges and says "Only this way we can stop this unlawfulness".
We have gained a small victory in stopping unlawfulness but justice does not stop by the cases of many colleagues of mine in prison at all unfortunately. Tens of journalists have been in prison for months due to "evidences" like a report, retweet or a one dollar bill, without standing trial or having been able to send a letter to their beloved ones.
I will contribute the compensation as a symbol for solidarity to the family of one of my arrested colleagues. I hope that some justice also rubs on them. (TT/EA/TK/DG)