The Media and Law Studies Association (MLSA) Legal Unit and Kaos GL lawyers have appealed the arrest of journalist Yıldız Tar, who was detained in a police raid on Feb. 18 as part of an operation targeting the Peoples’ Democratic Congress (HDK) and later jailed on charges of “membership in a terrorist organization.”
The appeal argues that treating Tar’s journalistic activities, such as attending meetings and phone conversations, as criminal evidence is unlawful. It calls for Tar’s immediate release.
"An unjust and unlawful detention"
The appeal emphasizes that Tar has been a journalist for many years and is the editor-in-chief of KaosGL.org. It also highlights his work in human rights and advocacy for LGBTQ+ rights.
The document states that the investigation against Tar is based on allegedly unlawful evidence, including phone records from 2012-13 that contain no criminal elements and were obtained illegally. It argues that Tar’s participation in meetings was part of his professional duties as a journalist but is being wrongly linked to terrorism charges.
"Attended meetings as a journalist"
The appeal notes that Tar attended HDK meetings, which were public events, as part of his journalistic work. It points out that HDK has not been officially declared a terrorist organization, its website remains accessible, and being a member of the HDK cannot be equated with terrorist organization membership.
"Phone records are not valid evidence"
The appeal argues that the accusations against Tar are largely based on phone conversations and wiretaps from over a decade ago. It states that these recordings were obtained unlawfully and violate the right to communication. It also cites rulings from the European Court of Human Rights (ECHR) and Turkey’s Constitutional Court, which establish that such recordings alone cannot serve as evidence for criminal charges.
"No risk of flight, judicial control is sufficient"
The appeal asserts that Tar has a fixed residence and stable employment, making any risk of fleeing unlikely. Since the evidence has already been collected, there is also no risk of tampering with it. The appeal argues that detaining Tar without considering alternative measures, such as judicial control, is a disproportionate action.
"Violation of press and expression freedoms"
The appeal underlines that criminalizing Tar’s journalistic activities is a violation of press and expression freedoms. It refers to Constitutional Court and ECHR decisions affirming that journalists have the right to report on matters of public interest. It argues that punishing Tar for his journalism contradicts democratic principles.
The appeal calls for the immediate lifting of Tar’s detention order and his release, stating that the charges against him lack legal basis.
(BA)
