Journalists to Constitutional Court: Consider Principle of Equality, Release Journalists

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Ahead of the Constitutional Court's review of the application against the Law on Criminal Enforcement, the G9 Journalism Organizations Platform called on the top court to release imprisoned journalists, considering the principle of equality before the law.

The parliament on April 14 passed the law, which paved the way for the release of tens of thousands of prisoners amid the Covid-19 outbreak. However, journalists and politicians were exempted from the legislation, which was against the principle of equality guaranteed by Article 10 of the Constitution, critics have been arguing.

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"When we evaluate the law within its aspect that concerns the profession of journalism, it is seen that journalists and writers who exercised their rights to the freedom of thought and expression are almost deliberately excluded," the statement said.

It noted that offenses for which journalists are behind bars such as membership of an illegal organization, propagandizing for an illegal organization and violating the Anti-Terror Law or the Law on the National Intelligence Agency were not included in the criminal enforcement law. Moreover, the release of journalists due to the Covid-19 outbreak was prevented, it added.

"Nevertheless, those who have been sentenced for theft, robbery, bribery, injury, violence on women, offenses against sexual immunity and various drug offenses have either been pardoned or temporarily released from prison," the platform further said.

Having completed the first phase of its examination on the request for the annulment of the law in terms of form considerations and stay of its execution, the top court will examine the law as to the merits.

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The journalists said they expected the Constitutional Court to consider the principle of equality and pave the way for the release of journalists.

"The previous decisions of the Constitutional Court regarding the 'violation of freedom of expression and press' on the arrests verdicts given by local courts on the basis of newspaper articles and social media posts also require the release of our colleagues.

"As professional organizations, we do not want to lose our faith that the Constitutional Court's decision will be in this context!

"The Constitutional Court should save the country from this shame by making a decision in accordance with universal law principles as part of its authority and responsibilities."

What happened?

After the parliament passed the law on April 14, the main opposition Republican People's Party (CHP) applied to the Constitutional Court on April 22, requesting the annulment of the law, which it defines as a "covert amnesty."

On May 6, the top court completed the examination of the law on procedural grounds and announced that it would examine it as to the merits.

The G9 Journalism Organization Consists of Association of European Journalists (AEJ) Turkey Office, HABER-SEN journalists' union, Contemporary Journalists' Association (ÇGD), Association of Diplomatic Correspondents (DMD), DİSK BASIN-İŞ union, Association of Parliamentary Correspondents (PMD), Journalists' Union of Turkey and Association of Environmental Journalists (TURÇEV). (HA/VK)