The Constitutional Court evaluated the applications of the bans on the news of 17-25 December investigations made by the Cumhuriyet newspaper and the news bans on the MIT trucks and concluded that the freedom of expression and press was violated.
In decision it was said that ”It is understood that there has been an interference with the applicants’ freedom of expression and the press in a democratic system” Constitutional court referred to the articles of the Constitution on Freedom of Expression and Dissemination of Thought and Freedom of the Press. Decision was a solid vote.
Lawyer Tora Pekin, who emphasized that AYM was too late to take this decision, made the following assessment:
Publication bans on the issues referred to in the case (December 17-25, listening to the MIT Trucks and the Mosul Consul) prevented all newspapers, radios and televisions from reporting on these issues, except for a few newspapers. “Okay, we will stay away from this minefield” some press institutions said. But some of them anunced that they’re not going to obey to this ban and, in my opinion, this was the right thing to do. Then they confronted the issue. One of them was Cumhuriyet newspaper. Its employees were snowed under this issue. Therefore it is a late decision in that context. However it showed that journalists made the right thing at that time. It is precious in this sense.