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ECHR rules that journalists including Ali Odabaşı were unlawfully detained

E.Karaduman by E.Karaduman
15/10/2025
ECHR rules that journalists including Ali Odabaşı were unlawfully detained

The European Court of Human Rights (ECHR) has ruled that former Zaman newspaper managing editor Ali Odabaşı, along with several other journalists, was unlawfully detained.

According to the verdict, Turkey must pay compensation to Odabaşı — who has been imprisoned for eight years and arbitrarily denied release despite completing his sentence — and to other applicants.

ECHR condemns Turkey for arbitrary detentions

In its judgment announced on 14 October 2025, the ECHR found that Turkey had violated the rights of 231 applicants in cases related to the post-coup crackdown against the Gülen movement.

Among them were journalists Bayram Kaya, Emre Soncan, Vahit Yazgan, and Ali Odabaşı.

Despite completing his sentence, Odabaşı was not released, as prison authorities arbitrarily denied him eligibility for parole.

He has been held in solitary confinement for eight years in Sincan High-Security Prison.

Serious health condition ignored

The Prison Observation Board denied Odabaşı’s rights to conditional release and supervised freedom, claiming he was “not of good conduct.”

Throughout his imprisonment, Odabaşı has undergone four surgeries and reportedly needs a fifth.

His wife appealed to DEM Party MP Ömer Faruk Gergerlioğlu, stating in a letter that her husband “no longer has the strength to endure.”

Mass violations: 231 applicants and €881,000 in damages

In the cases of Çetin and Others (137 applicants) and Budak and Others (94 applicants), the ECHR ruled that the applicants were arbitrarily detained in violation of Article 5 of the European Convention on Human Rights (ECHR).

The Court ordered Turkey to pay €3,000 per applicant in the Çetin case and €5,000 per applicant in the Budak case — a total of €881,000 (approximately 43.9 million TRY) in compensation.

Violation of Article 5 — right to liberty and security

The Court found that Turkey violated Article 5 of the Convention, which guarantees the right to liberty and security.

This article states that:

  1. Everyone has the right to liberty and security; no one shall be arbitrarily deprived of their liberty.
  2. Detainees must be promptly informed of the reasons for their arrest and the charges against them.
  3. They must be brought before a judge within a reasonable time and have the right to release pending trial.
  4. They must have the right to challenge the legality of their detention.
  5. Anyone unlawfully detained has an enforceable right to compensation.

Why these rulings matter

According to lawyer Ufuk Yeşil, these judgments bring the total number of individuals recognized by the ECHR as unlawfully detained since 2016 to 3,734.

He emphasized that these decisions are crucial legal evidence for potential future prosecutions of crimes against humanity:

“The Court has declared 3,734 times that the allegations used to justify these detentions did not even constitute reasonable suspicion. These rulings expose the ongoing legal absurdity.”

Yeşil also highlighted that 4,800 additional similar cases have been communicated to the Turkish government this month, predicting that over 10,000 violations of Article 7 will soon be established.

“Even if some say ‘these decisions change nothing,’ they are essential records of injustice. One day, we will all see their importance,” he said.

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