‘Broadcast ban on December 17-25 news violates freedom of expression’

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The European Court of Human Rights (ECtHR) has finalized the application of Banu Güven, Yaman Akdeniz and Kerem Altıparmak regarding the broadcast and publication ban imposed by the Penal Judgeship of Peace on the news about the Parliamentary investigation of "corruption" launched against four the then ministers, Zafer Çağlayan, Muammer Güler, Egemen Bağış and Erdoğan Bayraktar, in the process known as "December 17-25".

The ECtHR has concluded that the freedom of expression of journalist Banu Güven has been violated by the related ban. Indicating that they are not journalists, but academics, the Court has not given a ruling of right violation for Yaman Akdeniz and Kerem Altıparmak.

Noting that the cautionary judgement passed by the judgeship was in violation of the freedom of information and expression, the ECtHR has ruled that Turkey shall pay Güven 1,500 Euro in damages for court expenses.

Egidijus Kūris, a member of the court board, has expressed a dissenting opinion, indicating that the freedom of expression of Akdeniz and Altıparmak was also violated by the related ban. The judge has noted that "such an interference has no place in a democratic society or no legal basis as per the Article 10" of the European Convention on Human Rights (ECHR).

In a judgement in 2019, Turkey's Constitutional Court also concluded that the broadcast ban imposed on the news regarding the Parliamentary Commission established to investigate the allegations of corruption was in violation of freedom of press and expression.

What happened?

December 17-25 is known as the investigation where some public institutions and public officials, including four former ministers, were charged with misconduct in office and bribery in the years of 2013 and 2014.

It was first heard by the public on December 17, 2013, when Public Prosecutor Celal Kara issued detention warrants and the related courts executed the search warrants issued with this framework.

İstanbul Security Directorate's Department of Fight Against Organized Crimes and Financial Crimes carried out an operation against several people, including public officials, four minister and three children of ministers, for "bribery, misconduct in office, bid rigging and smuggling."

On January 16, 2014, the Supreme Board of Judges and Prosecutors (HSYK) changed the place of duty of Public Prosecutor Celal Kara, who launched the investigation.

Recep Tayyip Erdoğan, the ruling Justice and Development Party (AKP) Chair and the then Prime Minister, argued that the investigation was conducted by the members of the judiciary and security organization led by the Gülen movement and they were a part of the "parallel state" structure.

Following the investigation, Egemen Bağış was removed from office as the Minister of European Union, while Minister of Interior Muammer Güler, Minister of Economy Zafer Çağlayan and Minister of Environment and Urbanization Erdoğan Bayraktar resigned.

On November 27, 2014, the Ankara 7th Penal Judgeship of Peace imposed a wide-scale "broadcasting and publication ban" on the news regarding the "Parliamentary Investigation into Corruption" and censored all news reports, including the online correspondence.

Banu Güven, Kerem Altıparmak and Yaman Akdeniz took this ban to the Constitutional Court. The General Assembly of the Constitutional Court did not accept the application in a ruling dated December 10, 2014. They took the issue to the ECtHR in August 2015.

In a vote at the Parliament on January 5, 2015, the MPs agreed to not refer the former ministers to the Supreme Criminal Tribunal. (HA/SD)