Constitutional Court: Rights of Journalist Mümtazer Türköne Not Violated

Rejecting the other applications of arrested former Zaman columnist Mümtazer Türköne, the Constitutional Court has found the allegation admissible that “his right to personal liberty and security has been violated as his arrest is not lawful.”

Hikmet Adal

Constitutional Court: Rights of Journalist Mümtazer Türköne Not Violated

* Photo: Anadolu Agency (AA)

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Constitutional Court has concluded the appeal of Mümtazer Türköne, a columnist for Zaman newspaper closed by the Statutory Decree no. 668.

The Constitutional Court has found only one allegation of the arrested columnist admissible, namely his allegation that "his right to personal liberty and security has been violated as his arrest is not lawful." The Constitutional Court has rejected his other appeals.

In his appeal to the Court, Mümtazer Türköne argued the following:

"His right to personal liberty and security has been violated as his arrest is not lawful, his period of arrest has exceeded reasonable time, access to his investigation file has been restricted, he underwent an examination of arrest without standing before the judge/court, penal judgeships of peace are not independent and impartial, the decisions to review his arrest were not notified to him and his objections to arrest were not examined, he cannot use his right to effective objection against his arrest;

"His several Constitutional rights have been violated as a cautionary judgement was imposed on his assets; his freedom of communication has been violated due to the restrictions in the penal institution; his presumption of innocence has been violated due to the statements of politicians about him; and his freedom of expression and press has been violated as he has been arrested over his activities falling within the scope of his journalistic activities and freedom of expression."

What happened?

After the failed coup attempt on July 15, 2016, an investigation was launched against Mümtazer Türköne on the ground that he had links to the media structure of the Fethullahist Terrorist Organization/Parallel State Structure (FETÖ/PDY), which is held responsible for the coup attempt. Türköne was detained on July 27, 2016.

On August 4, 2016, he was arrested by the İstanbul 3rd Penal Judgeship of Peace on charge of aiding an armed terrorist organization as a non-member.

Issuing an indictment against Türköne on April 10, 2017, the İstanbul Chief Public Prosecutor's Office demanded that Türköne be penalized on charges of attempting to abolish the Constitutional order, attempting to overthrow the Grand National Assembly of Turkey (TBMM) or to prevent it from fulfilling its duty, attempting to overthrow the Government of the Republic of Turkey or to prevent it from fulfilling its duty and committing crimes on behalf of an armed terrorist organization as a non-member. A criminal case was filed against him at the heavy penal court.

Announcing its ruling on July 6, 2018, the İstanbul 13th Heavy Penal Court has ruled that Türköne shall be sentenced to 10 years, 6 months in prison on charge of being a member of an armed terrorist organization. The court has also ruled that his arrest shall continue.

Türköne lodged an appeal against this verdict. The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected his appeal on substantive grounds on June 25, 2019.

Mümtazer Türköne appealed to the Constitutional Court after that.

(HA/SD)

Mümtazer Türköne mûmtazer tûrkone Mumtazer Turkone

Hikmet Adal

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Haziran 2018'den bu yana bianet muhabiri. 2013'te bianet'te staj yaptıktan sonra bianet'in projelerinde de yer aldı. Expression Interrupted, susma24.com, Jıneps, Inside Turkey, tol.org gibi platformlarda haber ve makaleleri yayınlandı. İfade özgürlüğü alanında birçok haber ve makaleye görüş verdi. Yazıları İngilizce başta olmak üzere Fransızca, İtalyanca ve Çerkesceye çevrildi. 8 Mart 2018’deki Feminist Gece Yürüyüşünde çektiği fotoğraflar İstanbul Büyükşehir Belediyesince sergilendi. Erciyes Üniversitesi Gazetecilik mezunu.