* Photo: Hayatın Sesi
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The Constitutional Court has examined the application of the main opposition Republican People's Party (CHP) and repealed the article of a Statutory Decree that paved the way for closing newspapers, television channels and agencies and seizing their assets during the State of Emergency, which was declared after the coup attempt in Turkey on July 15, 2016.
Accordingly, the Article 2/4 of the Statutory Decree no. 6755 has been repealed by the Constitutional Court.
In its application to the top court, the CHP argued that the seizure of the movable and immovable assets of the private radio and television channels, newspapers, magazines, publishing houses and distribution channels to be closed meant a punishment by means of a general seizure of property and underlined that the related rule was in violation of the right of property.
The main opposition party further indicated that the related rule restricted freedom of expression, press and information and the right of periodical and non-periodical publications to an extent not obligatory in a democratic society, thereby violating the Constitution of Turkey.
In repealing the related legislation upon the application of the CHP, the Constitutional Court has said that the Article 28 of the Constitution, which stipulates that periodical publications shall be closed only by a court ruling, refers to closure as a severe sanction.
Noting that a court ruling is necessary even for a temporary closure, the Constitutional Court has stressed that "direct closure indisputably constitutes the severest interference in fundamental rights and freedoms."
In the related ruling of the top court, it is said, "In the event that the institutions and organizations covered by this rule are closed, a separate and brief procedure for the judicial supervision of the closure is an important guarantee for freedom of expression and press. This guarantee stems from the importance of the role fulfilled by the related institutions and organizations within the scope of freedom of expression and press. Therefore, the rule does not comply with the principles of necessity and proportionality, the sub-principles of proportionality."
The repealed article dated November 24, 2016 foresaw that "the private radios, TVs, newspapers, magazines, publishing houses and distribution channels belonging to or affiliated with structures, entities or groups detected to pose a threat to national security or belonging to or affiliated with terrorist organizations should be closed by the permission of the relevant minister upon the proposal of the commission to be formed by the minister."
How many media outlets were closed?Following the failed coup attempt on July 15, 2016, a State of Emergency was declared on July 20, 2016 and 32 Statutory Decrees were issued within the frame of the State of Emergency. The government ended the State of Emergency on July 19, 2018, after extending it for 7 times. In the first two months of the State of Emergency, a total of 620 press cards and 34 Parliamentary press cards and passports of some journalists were cancelled. As per the Statutory Decrees no. 668 (27.07.2016), 675 (29.10.2016), 677 (22.11.2016), 675 (29.10.2016) ve 670 (17.08.2016), 689 ( 29.04. 2017),693 (25.08.2017), 695 (24.12.2017) and the Decree no. 701 (08.07.2018) issued right before the State of Emergency was lifted, a total of 204 media outlets, 6 news agencies, 70 newspapers, 20 magazines, 41 radio channels, 38 TV channels and 29 publishing houses - distribution firms were closed. Of them, the decisions for closing 17 newspapers, 4 radio channels, 4 TV channels (25 media outlets in total) were repealed. During the State of Emergency, a total of 179 media outlets (53 newspapers, 34 TVs, 37 radio stations, 20 magazines, 6 news agencies and 29 publishing houses) were closed. |
(HA/SD)
