The MLSA Legal Unit has filed an individual application with Turkey's Constitutional Court on behalf of journalist Pınar Gayıp, who has been detained for nearly six months. The application argues that her detention is based on her journalistic activities and alleges violations of her rights to liberty and security, freedom of expression, freedom of the press, and a fair trial.
MLSA – The Media and Law Studies Association (MLSA) Legal Unit has filed an individual application with Turkey's Constitutional Court on behalf of journalist Pınar Gayıp, who has been detained since February. The application argues that the evidence cited as the basis for Gayıp's detention consists solely of her journalistic activities and alleges violations of her rights to liberty and security, freedom of expression, freedom of the press, and a fair trial.
The application notes that Gayıp has worked as a reporter and editor for the Etkin News Agency (ETHA) since 2015, that her news reports and articles have been published in various media outlets, and that she is also a member of the Journalists' Union of Turkey (TGS).
"Journalistic activities were made the subject of criminal charges"
The application states that a significant portion of the questions put to Gayıp during police questioning concerned her journalistic activities. She was questioned about phone calls she made while covering court hearings, her coverage of the Saturday Mothers' protests and the funeral of Emine Ocak, her reporting on various protests and press statements in her capacity as a journalist, small money transfers of around 100 Turkish lira to fellow journalists, and her work for ETHA.
According to the application, the indictment cites Gayıp's news coverage, her attendance at funerals and commemorations, her communication with news sources, her press card, social media posts made on behalf of ETHA, photographs related to her journalistic work found on her phone, and statements by individuals who benefited from Turkey's effective remorse provisions as evidence supporting the charge of membership in a terrorist organization.
The application argues that the indictment fails to make any concrete distinction between activities carried out as part of legitimate journalism and conduct that could constitute a criminal offense.
"No strong suspicion of a crime"
The application submitted to the Constitutional Court argues that there is no concrete evidence demonstrating a strong suspicion that Gayıp committed a crime, yet she was nevertheless placed in pretrial detention.
The application also cites the Constitutional Court's Cemil Uğur ruling, which held that journalists cannot be accused solely because of the media outlets they work for, arguing that journalistic activities cannot be treated as evidence of membership in a terrorist organization.
It further emphasizes that phone calls made for news-gathering purposes, coverage of court proceedings and public events, and communication with news sources are all inherent parts of the journalistic profession.
Freedom of expression and press freedom violated
The application states that Gayıp has practiced rights-focused journalism for many years and that all of the acts cited as grounds for her detention fall within the scope of her journalistic activities.
Citing rulings by both Turkey's Constitutional Court and the European Court of Human Rights affirming that journalists' coverage of public events and news reporting are protected under the rights to freedom of expression and freedom of the press, the application argues that treating journalistic activities as criminal conduct has a chilling effect on the media.
"Right to defense was restricted"
The application also states that, due to a confidentiality order imposed on the investigation file, Gayıp's defense lawyers were unable to access the case file for nearly four months, preventing them from preparing an effective defense.
It further argues that the objections filed by Gayıp's lawyers against her pretrial detention were either not properly examined or were rejected without sufficient reasoning, amounting to a violation of her right to a fair trial.
Request for a violation ruling from the Constitutional Court
The application asks the Constitutional Court to find that Gayıp's rights to liberty and security under Article 19 of the Constitution, freedom of expression and freedom of the press under Articles 25, 26, and 28, and the right to a fair trial under Article 36 have been violated.
What happened?
Journalist Pınar Gayıp was detained on Feb. 3 during operations carried out across 22 provinces targeting the Socialist Party of the Oppressed (ESP) and affiliated organizations. She was later placed in pretrial detention on charges of membership in an armed terrorist organization.
In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, the evidence cited against Gayıp includes her press card, her work for the Etkin News Agency (ETHA), her coverage of the Saturday Mothers' protests and the funeral of Emine Ocak, phone calls she made in the course of her journalistic work, and statements by individuals who benefited from Turkey's effective remorse provisions.
Gayıp's first hearing is scheduled for Sept. 14 before the Istanbul 23rd High Criminal Court.
