The European Court of Human Rights (ECHR) in Strasbourg ruled against Turkey in a judgment announced today concerning journalist Tuncer Çetinkaya’s application. The Court found that the former employee of Zaman newspaper and Cihan News Agency had suffered violations of his rights to liberty and security as well as his right to freedom of expression. Turkey was ordered to pay Çetinkaya €16,250 in non-pecuniary damages and €4,406 in legal costs and expenses.
The ECHR delivered its judgment on Çetinkaya’s application, which he had lodged in 2017, nine years after the case was filed. The Court’s seven judge Second Section held that the acts cited as grounds for his arrest on July 26, 2016, could not be regarded as constituting a “reasonable suspicion.” It therefore found violations of Articles 5/1 and 5/3 of the European Convention on Human Rights, which guarantee the right to liberty and security. The Court also upheld Çetinkaya’s complaint concerning a violation of his right to freedom of expression.
The judgment was adopted by a vote of six to one. Turkish judge Saadet Yüksel dissented. Turkey was ordered to pay €16,250 in moral damages and €4,406 in legal expenses.
ECHR: No Reasonable Suspicion
According to a report by Ensar Nur of TR724, Çetinkaya was detained on July 23, 2016, as part of investigations launched after the attempted coup and was arrested on July 26, 2016, on allegations that he had been involved in the “media structure” of the Gülen movement. The veteran journalist faced charges of membership in an armed terrorist organization and attempting to overthrow the constitutional order by force.
The accusations were based on lawful activities, including the discovery of two books by Fethullah Gülen in his home, possession of two walkie-talkies, holding an account at Bank Asya, traveling to the United States twice in 2011 and 2013, sharing social media posts such as “A free press will not be silenced” and “Even if everyone else remains silent, Zaman will not,” and his employment at Zaman and Cihan. One of his news articles was also cited as evidence because it contained criticism of the government.
In its assessment, the ECHR emphasized that the elements relied upon by Turkish courts as grounds for detention were lawful activities and therefore could not establish “reasonable suspicion.” The Strasbourg court once again reminded the Turkish authorities that no one may be detained without a concrete criminal accusation. Noting that the evidence presented against Çetinkaya was fundamentally linked to his journalistic activities, the Court also concluded that his right to freedom of expression had been violated.
He Was Subjected to Ill-Treatment
Although Çetinkaya was released due to health concerns after being sentenced to seven years and six months in prison by the Antalya 2nd High Criminal Court on April 24, 2018, he had spent nearly two years behind bars despite serious health problems.
The veteran journalist was reportedly denied his medication for five months while in prison. During that period, he lost 30 kilograms and suffered severe kidney damage.
Çetinkaya also had to undergo surgery while detained. Following the operation, he was allegedly left alone, naked and unsupervised in a cold room for ten hours. After regaining his freedom, he described his experience:
“I spent 640 days in prison. For many months, I was denied my medication and was not taken to a doctor. As a result, I lost both of my kidneys. They stopped functioning. I underwent surgery in prison. I also developed other illnesses.”
Career Background
Throughout most of his professional career, Tuncer Çetinkaya worked for Zaman newspaper, Cihan News Agency and Anadolu Agency. In 2015, he served as Zaman’s regional coordinator for the Mediterranean region.
After trustees were appointed to take over Zaman newspaper in March 2016, Çetinkaya resigned from the publication. He continued working in journalism at Muhabir Ajans and Bizim Antalya until his arrest later that year.
