Ahmet Altan and Mehmet Altan Detained for Words Used on TV

Update: 19 Jan 2018 No state reply yet
Year 13 Sep 2016 Country Turkey Category Detention and imprisonment of journalists Source of threat State Partner EFJ/IFJ , Article 19 , AEJ , RSF Alert level Level 1
13 Sep 2016 Turkey Detention and imprisonment of journalists State EFJ/IFJ , Article 19 , AEJ , RSF Level 1
No state reply yet

On 10 September 2016, Ahmet Altan (journalist and writer) and his brother Mehmet Altan (professor and journalist) were detained by Turkish authorities for the words they used on the "Özgür Düşünce" programme that was broadcast on Can Erzincan TV on July 14. According to the Anadolu Agency, both journalists are accused of "delivering subliminal messages evoking the coup" and they gave "the impression that they already knew about the coup". Because the prosecutors in charge of the case are currently on holiday, no access to files has been granted to their lawyers and an appeal procedure against the detention has been refused to both defendants. Alert : 2 detentions

Updates

16 Jan 2018 : On 15 January 2018 Istanbul's 27th High Criminal Court rejected Mehmet Altan’s appeal for release.
12 Jan 2018 : On 11 January 2018 Turkey`s Constitutional Court ruled to release Mehmet Altan. His release was halted by Istanbul`s 26th High Criminal Court, which announced that his detention would be reviewed after the Constitutional Court’s reasoned decisions were formally communicated.
17 Nov 2017 : On 13 November 2017, the third hearing in the Altans case took place in Istanbul. The judge dismissed the Altans’ entire defence team, on the grounds that they were in contempt of court. The case was not adjourned, and the Altans, who were not present in court but observed the proceedings via video link from Silivri prison, were forced to represent themselves.
12 Jan 2017 : The Altans legal team has applied to the European Court of Human Rights on 12 January 2017 to challenge the journalists continuing detention. The Altans are still waiting on applications lodged with the Turkish Constitutional Court on 8 November 2016.

Follow-ups

New 19 Jan 2018 : The Council of Europe Secretary General refers to the recent decisions of Turkey’s Constitutional Court in his address to the Committee of Ministers
19 Oct 2017 : On 10 October 2017, the Commissioner for human rights intervened before the European Court of Human Rights in cases concerning the detention of journalists and freedom of expression in Turkey

CONTACT US

Follow us   

Follow-ups to alerts Follow-ups to alerts

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Mehmet Altan’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Altan’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Altan’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Şahin Alpay’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Alpay’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 46 (binding force and execution of judgments) of the Convention, the Court held that it was incumbent on the respondent State to ensure the termination of Mr Alpay’s pre-tria detention at the earliest possible date. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Alpay’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.
Twitter feed Twitter feed
Thematic factsheets Thematic factsheets



Thematic factsheets Thematic factsheets



Partners Partners

CONTACT US

Follow us