ECtHR concludes that Nazlı Ilıcak's arrest violated her rights

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Finalizing the application of Nazlı Ilıcak, who was detained and arrested following the failed coup attempt in 2016, the European Court of Human Rights (ECtHR) has given a ruling of "rights violation".

The court has indicated that there was no concrete evidence proving that Ilıcak was the member of a terrorist organization or that she attempted to overthrow the government. Accordingly, it has concluded that Ilıcak was arbitrarily arrested and her freedom of expression was violated.

The ruling has been given by the votes of six judges against one. Judge Saadet Yüksel from Turkey has expressed a dissenting opinion.

According to the ECtHR ruling, the articles cited as criminal evidence for the arrest of Nazlı Ilıcak were concerning the matters that had already been known and pertaining to public good.

The court has also stressed that the related articles did not incite violence or contribute to the illegal aims of terrorist organizations when considered in the light of European Convention on Human Rights.

As per the related ruling of the ECtHR, Turkey will now pay Nazlı Ilıcak 16 thousand Euro (approx. 260 thousand lira) in non-pecuniary damages.

What happened?

After the failed coup attempt in Turkey on July 15, 2016, Nazlı Ilıcak was taken into custody as part of the operation against the Gülen Community, which was held accountable for the coup attempt, on July 26, 2016. There were arrest warrants against 42 journalists as part of the same operation. Four days later, Ilıcak appeared before the İstanbul Criminal Judgeship of Peace on Duty, was arrested along with 16 other journalists. She was charged with "overthrowing the government, being the member of an organization and propagandizing for the organization."

Ilıcak appealed against the temporary arrest warrant of the court; but her appeal was dismissed. In response, she made an individual application to the Constitutional Court of Turkey on November 14, 2016 and argued that "her security and freedom of expression were violated".

The temporary arrest warrant remained in effect until November 4, 2019, when she was released on probation. Released pending trial, Ilıcak's legal proceedings are still ongoing in Turkey. (HA/SD)