Constitutional Court: Four Orders of Publication Ban Violated Rights

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The Constitutional Court has ruled that four orders of broadcast and publication bans violated freedom of expression and freedom of the press.

bianet applied to the court against an order of broadcast and publication ban issued on a 2013 parliamentary investigation against four ministers regarding allegations of corruption.

The daily Cumhuriyet applied against an order of broadcast and publication ban on police operation against several ministers in 2013, known as the "December 17-25 operations". The newspaper also applied against a broadcast and publication ban on the incident known as the "case of MİT trucks," a police operation in 2015 on a truck that was allegedly owned by the National Intelligence Agency (MİT) and carrying arms to Syria.

Sezgin Tanrıkulu, an MP from the main opposition Republican People's Party (CHP), applied against the order of broadcast and publication ban on the occupation of Turkey's consulate in Mosul, Iraq in 2014.

The December 17-25 investigation

İstanbul 2nd Penal Court of First Instance on January 17, 2014, issued a broadcast and publication ban on the "December 17-25 investigation" which was being carried out by the İstanbul Chief Public Prosecutor's Office.

An objection by the Cumhuriyet was rejected on the grounds that the order of ban was "in accordance with proceedings and the law". The Cumhuriyet then brought the case to the Constitutional Court.

"MİT trucks"

Adana No 2 Judgeship issued a broadcast and publication ban on the investigations against the people who notified the police regarding the MİT trucks and against the MİT officers.

An objection by the Cumhuriyet was rejected by Adana No 3 Judgeship. The newspaper brought the case to the top court.

ISIS attack on Turkey's consulate

Ankara 9th Penal Court of Peace ordered a broadcast and publication ban regarding the ISIS attack in Turkey's consulate in Mosul, Iraq in 2014.

An objection by MP Tanrıkulu was rejected on the grounds that the order of ban was "in accordance with the proceedings and the law."

Tanrıkulu then made an application to the Constitutional Court. Press Council Chairperson Pınar Türenç also applied to the top court against the order of ban.

Investigation against four ministers

Ankara 7th Penal Court of Peace, upon a request by Ankara Chief Public Prosecutor's Office, imposed a broadcast and publication ban on the investigation by a parliamentary investigation committee against four ministers, Mehmet Zafer Çağlayan, Muammer Güler, Egemen Bağış and Erdoğan Bayraktar, over allegations of corruption and bribery.

An objection by bianet was rejected by the court. bianet brought the case to the Constitutional Court.

Verdict of the Constitutional Court

The Constitutional Court combined the four applications because there is a "legal relation in terms of the subjects of the applications."

The court ruled on September 25 that the orders of broadcast and publication bans violated freedom of expression and freedom of the press which are guaranteed by articles 26 and 28 of the Constitution. (HA/VK)