Turkey Convicted of Raid against Nokta Journal

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The European Court of Human Rights (ECtHR) has declared its ruling on Nokta journal which was raided in 2007 for its report of “Coup Diaries”.

ECtHR ruling that Turkey has violated freedom of expression and human rights due to the raid against Nokta journal, has drawn attention to the fact that the journal was searched by order of military court.

The court concluded that Turkey “violated Article 10 on freedom of expression in European Convention of Human Rights”.

ECtHR verdict

The ECtHR ruled that “The article published by the weekly newspaper Nokta, on the basis of ‘confidential’ military documents about a system for classifying the media on the basis of whether they were ‘favourable’ or ‘unfavourable’ to the armed forces, was capable of contributing to public debate.

“Emphasising the importance of freedom of expression with regard to matters of public interest and the need to protect journalistic sources, including when those sources were State officials highlighting unsatisfactory practices in their workplace, the Court held that the interference with the journalists’ right to freedom of expression, especially their right to impart information, had not been proportionate to the legitimate aim sought, had not met a pressing social need, and had not therefore been necessary in a democratic society; the interference had consisted in the seizure, retrieval and storage by the authorities of all of the magazine’s computer data, even data that was unrelated to the article, with a view to identifying the public-sector whistle-blowers.

“Lastly, the Court considered that this measure was such as to deter potential sources from assisting the press in informing the public on matters of general interest, including when they concerned the armed forces”.

8,250-euro fine

Turkey has to pay 2,750 euro to journal’s chief editor Ahmet Alper Gümüş, 1,650 euro to each editors in chief Ahmet Haşim Akman and Mehmet Ferda Balancar, 1,850 euro to each Ahmet Şık and Banu Uzpeder working as investigative journalists, and 500 euro to another investigative journalist, Nevzat Çiçek.

What had happened?

Nokta published a news titled “2004 Again: TSK (Turkish Armed Forces) seeks cooperation with ‘Friendly’ NGOs”. Investigation was launched by General Staff’s instructing Military Prosecution over “leaking confidential documents belonging to General Staff Intelligence Presidency”.

The journal was raided for its report of “Coup Diaries” on April 13, 2007. The raid was instructed by General Staff Presidency Military Court.

In the raid, search was conducted in their stuff at their workplaces, their personal and work computers, and all their data were copied. A short while after the raid, Nokta was closed as a result of the pressures. (EKN/EA/TK)

This publication has been produced within the partnership with Osservatorio Balcani e Caucaso for the European Centre for Press and Media Freedom (ECPMF), co-funded by the European Commission. The contents of this publication are the sole responsibility of IPS Communication Foundation and can in no way be taken to reflect the views of the European Union.