'No one can be detained in a midnight raid unless being caught red-handed'

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Human Rights Association (İHD) Chair Öztürk Türkdoğan commented on the detention of journalist Sedef Kabaş at around 2 a.m. on Saturday (January 22).

Citing article 145 of the Law of Criminal Procedure, Türkdoğan said no one except for those who are caught red-handed should be detained in midnight raids.

Kabaş was detained in a police raid for "insulting the president" hours after a live broadcast on TELE1 TV.

"If there is a crime in your statements on social media and TV channels; it's already committed, detected, and finished. In other words, there is no flagrante delicto and no need for intervention," said Türkdoğan. "There is no flagrante delicto if an opinion is shared on social media or expressed on television."

According to the law, a suspect who was not caught red-handed should be summoned to testify and brought to testify by force if they don't come, he noted. However, he added, article 145 hasn't been used for a long time.

Türkdoğan recalled that President Recep Tayyip Erdoğan said in March 2021 that midnight raids were not carried out anymore as part of the Human Rights Action Plan, which was not true. "In Turkey, someone declares you a criminal and anything can happen to you. Only elites can benefit from the law in Turkey."

What did Kabaş say?

During a program on TELE1 TV, Kabaş said President Erdoğan's policies polarize the public in Turkey.

"There is a famous saying, 'A crowned head will get wiser.' But we see that this isn't the reality. There is also a saying that is the exact opposite: 'When cattle go into a palace, they don't become the king; the palace becomes a barn'," she said.

Several senior government officials targeted Kabaş because of her words with pro-government accounts posting messages under the "Know your place, Sedef Kabaş" hashtag on Twitter.

Kabaş was detained during a raid on early Saturday and remanded in custody a few hours later. (RT/VK)