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Ahead of Committee of Ministers meeting, MLSA submits notification on freedom of expression cases: ECtHR rulings are not being implemented systematically

Ahead of Committee of Ministers meeting, MLSA submits notification on freedom of expression cases: ECtHR rulings are not being implemented systematically

 

  • MLSA has submitted a notification to the Council of Europe’s Committee of Ministers, which monitors the implementation of European Court of Human Rights (ECtHR) judgments, drawing attention to violations of freedom of expression targeting journalists in Turkey.
  • The notification stated that systemic problems persist in freedom of expression cases and that the rate of journalists being tried while in pretrial detention has increased. It included data from MLSA’s 2025 Press and Freedom of Expression Trials Monitoring Report.

The Media and Law Studies Association (MLSA) submitted a notification to the Council of Europe’s Committee of Ministers, which oversees the implementation of European Court of Human Rights (ECtHR) rulings, regarding cases concerning violations of journalists' freedom of expression in Turkey. The notification was submitted ahead of the Committee of Ministers’ 1553rd meeting and was prepared in accordance with Article 9.2 of the European Convention on Human Rights.

According to the notification submitted by MLSA, ECtHR judgments are not being implemented fully or effectively. The notification emphasized that violations of freedom of expression identified in the ECtHR cases grouped under Öner and Türk, Nedim Şener, Altuğ Taner Akçam, Artun and Güvener, and Işıkırık are ongoing.

According to the 2025 Judicial Monitoring Report cited in the notification, MLSA monitored 275 freedom of expression trials between Sept. 1, 2024, and Aug. 30, 2025. A total of 1,696 people — including 306 journalists — were prosecuted in these cases. As of November 2025, 29 journalists were in prison, and as of January 2026, that number stood at 26.

MLSA reported that the right to a fair trial is frequently violated in these proceedings, noting that hearings often begin late, the right to a defense is restricted, and the presence of police officers in courtrooms has become systematic.

Additionally, according to the notification, in cases filed against journalists, certain articles of the Anti-Terror Law — such as Article 6, which criminalizes “targeting individuals involved in the fight against terrorism,” and Article 7, which criminalizes “propaganda for a terrorist organization” — are still being applied arbitrarily. Other articles such as “committing crimes on behalf of an organization without being a member” (Article 220/6 of the Turkish Penal Code), “knowingly and willingly aiding an organization” (TCK 220/7), “insulting Turkishness or the state” (TCK 301), and “insulting the president” (TCK 299) also continue to be enforced in a discretionary manner.
MLSA emphasized that these provisions violate freedom of expression not only in their content but also in the way they are interpreted and applied by judicial bodies.

Example cases cited include the prosecution of journalist Nevşin Mengü, who was sentenced to 1 year and 3 months in prison for “terrorist propaganda” after conducting an interview with a PYD official. Another example involved seven journalists who were detained for 40 days following a press statement in Şişhane, before eventually being acquitted.

MLSA also noted that in cases where journalists are accused of “aiding a terrorist organization,” royalty payments made to journalists have been used as evidence. Journalists including Tuğçe Yılmaz and Erdoğan Alayumat are facing prison sentences ranging from 5 to 10 years.

MLSA stated that in cases where the ECtHR previously found violations, Turkey has failed to take the necessary legal and structural steps. It particularly stressed that some provisions in the Anti-Terror Law and the Turkish Penal Code are still being used as tools to silence journalists.

MLSA recommended that the Committee of Ministers continue monitoring these case groups under the enhanced supervision procedure and suggested that Turkish authorities be required to provide statistical data along with clear political messages.

 

 

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.