Trial Monitoring

Appeals court rejects Treasury’s ‘unjust enrichment’ objection in Aziz Oruç compensation case

Appeals court rejects Treasury’s ‘unjust enrichment’ objection in Aziz Oruç compensation case

 

The Appeals Court has rejected the Turkish Treasury's objection to the 75,000 TL compensation awarded to journalist Aziz Oruç for his 11-month wrongful detention. The Treasury had argued that the compensation would result in "unjust enrichment." The Diyarbakır Regional Court of Justice's 2nd Criminal Chamber dismissed the objection on September 30, 2024, upholding the compensation decision.

Oruç, who was acquitted on January 23, 2023, had been detained for 11 months on charges of "membership in a terrorist organization" and "terrorist propaganda." Following his acquittal, Oruç successfully claimed compensation for his wrongful detention, with the court awarding him 25,235 TL in material damages and 50,000 TL in non-material damages, totaling 75,000 TL. The Treasury’s lawyer, Serdar Akdemir, appealed the ruling on November 3, 2023, arguing that the compensation was excessive given "current economic conditions."

The appeals court dismissed the Treasury's claim, ruling that the compensation amount was fair and final under Turkish legal provisions. The court also confirmed that the compensation would be paid with interest from the date of Oruç's arrest on December 11, 2019.

Background

Aziz Oruç was detained after being forcibly transferred to the Turkish border from Iran through a dangerous minefield, without proper deportation procedures. Arrested in Ağrı’s Doğubayazıt district, he was charged with terrorism-related offenses. Oruç, defended by the Media and Law Studies Association (MLSA), was released from pretrial detention on November 9, 2020, and acquitted in January 2023. Following his acquittal, Oruç’s legal team sought 150,000 TL in damages, resulting in the court’s award of 75,000 TL, which the Treasury contested.

The court’s final decision solidifies Oruç’s right to compensation for his wrongful detention.

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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.