Council of State prosecutor: The General Directorate of Security’s circular should be repealed
In the lawsuit filed by the Legal Team of the Media and Law Studies Association (MLSA) against the General Directorate of Security circular that authorized law enforcement officers to ban audio-visual recordings during public demonstrations, the Council of State prosecutor presented their opinion. Reminding of the fact that fundamental rights guaranteed by the Constitution can only be limited by laws, the prosecutor expressed their opinion that the circular in question should be repealed.
MLSA had filed a lawsuit against the General Directorate of Security circular number 2021/19 issued on April 27, 2021, requesting the suspension and annulment of the circular. In the petition submitted to the Council of State it was emphasized that the circular, which was published shortly before May 1st, constitutes an interference with press freedom and freedom of expression, further highlighting that restrictions upon fundamental rights and freedoms can only be imposed through legislation. In their identical defenses submitted on August 16, 2021, the General Directorate of Security and the Ministry of Interior claimed that the circular, which introduced an “audio and video ban,” has the character of an “instruction explaining already existing authorities” of law enforcement personnel. Further recalling that the case was filed on behalf of journalist Barış Altıntaş, the lawyers of the General Directorate and the Ministry stated that the circular, as an “in-house instruction,” concerned only internal personnel and therefore a journalist could not be party to such a lawsuit.
In its decision served to the MLSA Legal Unit on December 15,2021, the 10th Chamber of the Council of State determined that the circular violates articles 7 and 13 of the Constitution and suspended its execution.