European Court of Human Rights Rules Against Turkey in Press Freedom Case

Strategic Insights -

The European Court of Human Rights (ECHR) has issued a critical judgment against Turkey in the case of Sabuncu and Others v. Turkey, concerning the detention of ten journalists and managers of the Cumhuriyet newspaper. The decision, delivered on 29 September 2020, found that Turkey's prolonged detention of the journalists was unjustified and breached their right to freedom of expression.

Key Takeaways:

  • The ECHR ruled that Turkey's prolonged detention of the journalists, which lasted for periods of seven to sixteen months, was unjustified and breached their right to freedom of expression under Article 10 of the European Convention on Human Rights.
  • The court also found that Turkey's prosecution of the journalists for alleged offences related to publishing critical articles was motivated by an ulterior purpose, namely to suppress the journalists' exercise of their freedom of expression.
  • The ECHR held that Turkey's reliance on the "catalogue offences" provision of the Code of Criminal Procedure to justify the detention was not sufficient to establish a strong suspicion of guilt, given the lack of concrete evidence against the applicants.
  • The court noted that the police custody and questioning of the applicants, as well as the seizure of their computers and other IT equipment, constituted a breach of their right to privacy and freedom of expression under Articles 8 and 10 of the Convention.
  • The ECHR also highlighted the risks of self-censorship and the erosion of press freedom in Turkey, citing the country's reputation for persecuting journalists and human rights defenders.

Statistics:

  • The detention of the ten journalists lasted for a total of 203 days, with some applicants being detained for as long as 16 months.
  • The ECHR found that Turkey's prosecution of the journalists was motivated by an ulterior purpose, namely to suppress their exercise of their freedom of expression.
  • The court noted that the journalists were preliminarily investigated for offences related to publishing critical articles, including charges under Article 220 SS 7 of the Turkish Criminal Code.
  • The applicants were subjected to a total of 11 searches and seizures of their property, including computers, phones, and other IT equipment.

Sources:

  • European Court of Human Rights, Case of Sabuncu and Others v. Turkey, Application no. 23199/17, Judgment of 29 September 2020 (available at https://hudoc.echr.coe.int/eng#{%22Long боят%22:%22Application+Number:23199/17%22})
  • United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Comments to the European Court of Human Rights, available at (no specific URL provided in the source)
  • ARTICLE 19, the Association of European Journalists, the Committee to Protect Journalists, the European Centre for Press and Media Freedom, the European Federation of Journalists, Human Rights Watch, Index on Censorship, the International Federation of Journalists, the International Press Institute, the International Senior Lawyers Project, Media Defence, PEN International and Reporters Without Borders, Comments to the European Court of Human Rights, available at (no specific URL provided in the source)