Journalist filming road rage between police and minibus driver briefly detained in Hakkari

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Journalist Mimar Kaya was briefly detained in Turkey's Kurdish-majority southeastern province of Hakkari yesterday (December 5) after he filmed the road rage between the special operations police officers and the driver of a vehicle offering intracity staff transportation services.

Police prevented Mimar Kaya, the Grant Holder of the Hakkari-based Colemêrg news website and İhlas News Agency (İHA) reporter, from filming the incident. Taking the journalist into custody, the police cited "the expiry of his press card" as the reason for the detention.

Hakkari'de Colemerg Haberin imtiyaz sahibi Gazeteci Mimar Kaya gözaltına alındı. Hakkari il Emniyet Müdürlüğüne götürurulen Kayanın ifade işlemleri sürüyor. @IFJGlobal @mlsaturkey @TGS_org_tr pic.twitter.com/J7S3DRUpdp

— İdris Yılmaz (@journalistidris) December 5, 2021

In the video that he took before being detained, Kaya recounted what had happened in the following words:

"I am now being detained on the grounds that I filmed the road rage between the intracity minibus and special operations police on the freeway. Because I filmed the ensuing argument, I was told 'You cannot film' and I am now detained and kept waiting by police officers for nearly an hour.

"I am waiting because of the press card and criminal record check. Even though my press card is active, they have been keeping me waiting for hours on the grounds that the press card has expired and it is outdated. A tragicomic incident; this is what Turkey has come to."

Taken to the police department, journalist Mimar Kaya was released from detention on the same day after giving his statement.

Gözaltına alınan Gazeteci Mimar Kaya, neden gözaltına alınma gerekçesini anlatıyor. @TGS_org_tr @eacarer @mlsaturkey @DFGDernegi pic.twitter.com/jfiIKpOn9h

— İdris Yılmaz (@journalistidris) December 5, 2021

Circular to 'protect the police'

The Directorate General of Security, on April 27, issued a circular that banned recording voices and images at demonstrations. The Progressive Lawyers Association (ÇHD) İstanbul Branch revealed the circular issued by the signature of Director General of Security Mehmet Aktaş.

With this circular, the police were instructed to prevent the people capturing the images or voices of police officers during demonstrations and to take legal action against the related people.

The circular argued that posting the recorded voices and images of police and civilians "violated the privacy of private life", adding that capturing voices and images prevented the fulfillment of duty as well.

The circular sparked harsh criticisms of journalists and journalism organizations as well as opposition politicians. A lawsuit was filed against the circular, demanding the halt of its execution and annulment.

On November 11, 2021, the 10th Chamber of the Council of State unanimously halted the execution of the police circular banning journalists and citizens from audio and video recording during public incidents.

In its ruling, the Council of State stressed that the related circular restricted the freedom of communication and press, concluding that fundamental rights and freedoms should only be restricted by law.

The Council underlined that "imposing restrictions on fundamental freedoms and rights as per a regulation in the form of a circular of the general directorate of security did not comply with the Constitution." (HA/SD)