MLSA challenges seizure of equipment of journalists' detained in İzmir

MLSA challenges seizure of equipment of journalists' detained in İzmir

The Media and Law Studies Association (MLSA) Legal Unit has filed an objection to the seizure of computers belonging to journalists Delal Akyüz and Cihan Başakçıoğlu, who were detained for four days in İzmir. The petition emphasized that the confiscation of equipment and materials used by the journalists in their profession violates the European Convention on Human Rights (ECHR).

In İzmir, six journalists including Akyüz and Başakçıoğlu were detained on February 13 on charges of "membership in a terrorist organization." During a police raid on their homes, their computers were seized. The MLSA Legal Unit submitted a petition of objection to the İzmir 5th Criminal Peace Judgeship, protesting the non-return of the computers used by the journalists in their profession.

The petition contested a decision made by the İzmir 4th Criminal Peace Judgeship, which ordered the "seizure of communication and information tools, searching of the computers and computer records, copying of the records, seizure of these tools, and backing up of all system data."

Referring to Article 10 of the ECHR, which governs freedom of expression, and the jurisprudence of the European Court of Human Rights (ECtHR), the petition stated, "The ECtHR consistently emphasizes that Article 10 of the Convention protects not only the content and substance of information and ideas but also the means of transmitting them." The MLSA Legal Unit argued that the seizure decision constitutes a violation of both press freedom and the public's right to information, demanding the annulment of the decision and the return of the seized materials.

Veysel Ok, Co-Director of MLSA, stated, "Journalists' work tools cannot be seized; at most, the police can copy and leave them. Seizing both the home and work tools obstructs journalism." He also mentioned plans to apply to the Constitutional Court on behalf of the journalists.

Additionally, the MLSA Legal Unit will object to the house arrest of Delal Akyüz under electronic surveillance and the judicial control decision requiring Cihan Başakçıoğlu to sign in at a police station twice a week.

Background:

On February 13 in İzmir, early in the morning, journalists including Cihan Başakçıoğlu from Gazete Duvar, Semra Turan, Delal Akyüz, and Tolga Güney from Mezopotamia Agency (MA), Melike Aydın from JINNEWS, and Fatma Funda Akbulut, a press worker for the DEM Party, were detained following raids on their homes. On February 16, they were released under judicial control and house arrest conditions.

The Judgeship imposed conditions of signing in twice a week and a ban on leaving the country for Başakçıoğlu and Turan, while Güney, Aydın, Akyüz, and Akbulut were released under house arrest and a travel ban.

 
 
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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.