December 24, 2024
MLSA Legal Team – Journalist Delal Akyüz, a reporter for the Mezopotamya News Agency, has filed an individual application to the European Court of Human Rights (ECHR), challenging his house arrest and allegations of mistreatment. Represented by the Media and Law Studies Association (MLSA), Akyüz’s legal team argued that his house arrest with an electronic ankle monitor, imposed since February, violates fundamental rights under the European Convention on Human Rights (ECHR). The application also alleges that the Turkish authorities are systematically targeting journalism, particularly Kurdish journalists, as part of broader efforts to suppress freedom of expression.
Akyüz was detained on Feb. 13, 2024, following a police raid on his home and was subsequently placed under house arrest with an electronic ankle monitor. The journalist was accused of “membership in a terrorist organization.” It took nine months for an indictment to be prepared, which cited Akyüz’s news reports, the editorial policies of his news agency, phone calls with sources, and his news archive as evidence of the alleged crime. These elements, the MLSA argued, demonstrate that Akyüz is being punished for his journalistic work rather than for any legitimate criminal offense.
Alleged human rights violations
The ECHR application claims multiple violations of the European Convention on Human Rights, asserting that the treatment of Akyüz contravenes several of its provisions. The application argues that Article 3, which prohibits torture and inhumane treatment, was breached through alleged mistreatment during and after his arrest, including the use of reverse handcuffs and irregular judicial examination procedures. Under Article 5, which protects the right to liberty and security, it highlights that Akyüz has been deprived of his freedom without concrete evidence. Article 6, which guarantees the right to a fair trial, is cited with claims that the proceedings before Criminal Judgeships of Peace were biased and lacked impartiality.
Furthermore, the application argues that Article 8, which ensures the right to respect for private and family life, was violated through the invasive home raid and the imposition of electronic monitoring. Akyüz’s legal team also claims a violation of Article 10, which protects freedom of expression, contending that his journalism activities were criminalized. The application invokes Article 13, which guarantees the right to an effective remedy, stating that Turkey’s legal system lacks adequate recourse for such cases. It also alleges a violation of Article 17, which prohibits the abuse of rights, accusing Turkish authorities of using legal mechanisms to intimidate and silence Akyüz. Lastly, the application claims a breach of Article 18, which limits the use of restrictions on rights to legitimate purposes, asserting that the restrictions placed on Akyüz were politically motivated.
“Journalistic activities are being targeted”
The application underscores that Akyüz’s communications with news sources and colleagues, which are standard practices of journalism, were cited as evidence in the indictment. It argues that this is a deliberate attempt to criminalize and suppress journalistic activity, particularly targeting Akyüz’s reporting and investigations. His house arrest with electronic monitoring has disrupted both his professional and personal life, severely restricting his ability to work and engage in social activities.
Nine months under house arrest
Since his detention in February, Akyüz has been under constant surveillance, unable to fulfill his journalistic duties or participate in everyday social life. He has stated that the measures imposed have made it impossible for him to carry out his work as a journalist, which he views as a targeted attack on press freedom.
References to international and domestic reports
The ECHR application references reports from Reporters Without Borders (RSF), based in Paris, and the Media and Law Studies Association (MLSA) in Turkey. These reports detail systemic pressures on journalists in Turkey, with particular emphasis on the targeting of Kurdish journalists and the broader erosion of press freedoms in the country.
“We expect a favorable decision from the ECHR”
MLSA Co-Director Veysel Ok emphasized the urgent need for international intervention. “Our client is being punished solely for his journalistic activities. We urgently expect the ECHR to issue a decision that upholds his fundamental rights, particularly freedom of expression and the right to a fair trial,” he said. Akyüz’s case, Ok added, represents a broader trend of judicial harassment against journalists in Turkey, underlining the need for a robust response from international legal institutions.
