ECHR: Şık and Şener’s Rights Were Violated

The European Court of Human Rights (ECHR) delivered its verdict on the case of Ahmet Şık and Nedim Şener, two prominent journalists who have been jailed within OdaTV case. 

The court held that Turkey violated Article 5 § 3 (right to liberty and security) of the European Convention on Human Rights; as well as Article 5 § 4 (right to have the lawfulness of detention decided speedily); and Article 10 (freedom of expression).

375 days of arrest term 

On 3 March 2011, the police searched the homes and work premises of Şener and Şık. The two journalists were taken into police custody and arrested 3 days later. 

On 26 August 2011, the prosecuting authorities indicted Şener and Şık before the Assize Court on charges of aiding and abetting the criminal organization Ergenekon and participating or assisting in the production of two books which accused the government of promoting the infiltration of Islamists into State structures. 

While they were released on 12 March 2012 - 375 days of prison term - all their previous request for release were rejected.

Ahmet Şık applied to ECHR on August 25, 2011, so did Nedim Şener on July 1, 2011. 

The court announced its verdict today.

Turkey was found guilty of violating the right to “liberty and security” as well as “freedom of expression”. The court held that Turkey was to pay 20,000 euros to Şener and 10,000 euros to Şık in respect of non-pecuniary damage.

“Indeed, custodial measures of this kind were liable to create a climate of self-censorship for any investigative journalist wishing to conduct research and comment on the conduct and actions of State bodies,” the verdict said. 

OdaTV case

14 defendants including Soner Yalçın, Barış Pehlivan, Barış Terkoğlu, Doğan Yurdakul and Müyesser Uğur have been ordered to stand trial by Istanbul 18^th High Criminal Court. 

However, following the removal of special duty courts, the case still remains with no future hearing set. (AS/BM)

* Click here to read the article in Turkish.