MLSA - The Media and Law Studies Association (MLSA) has filed an individual application to Turkey’s Constitutional Court on behalf of journalist Erdoğan Alayumat, arguing that his digital materials were unlawfully confiscated as part of an investigation conducted in Eskişehir. The appeal claims that this action violated the right to privacy, protected under Article 20 of Turkey’s Constitution, and freedom of the press, guaranteed under Article 28.
Alayumat was detained on Nov. 26, 2024, on allegations of “terrorist propaganda” and had his digital materials seized. The Eskişehir 3rd Criminal Judgeship of Peace had issued a decision on Sept. 12, 2023, permitting the confiscation and examination of his materials. On Nov. 29, 2024, following questioning by the prosecutor, the Eskişehir 2nd Criminal Judgeship of Peace released Alayumat under a travel ban.
MLSA challenges legality of detention and confiscation
MLSA criticized the detention decision as arbitrary and unjustified, filing objections with both criminal judgeships of peace and higher judicial bodies. However, all objections were rejected.
In its application, MLSA emphasized that confiscating Alayumat’s digital materials infringed upon the right to privacy and the principle of protecting journalistic sources. These rights are safeguarded under Article 20 of the Constitution and Article 8 of the European Convention on Human Rights (ECHR). Furthermore, the MLSA argued that the examination of these materials and the potential exposure of Alayumat’s sources violated press freedom, enshrined in Article 28 of the Constitution and Article 10 of the ECHR.
The appeal underlined the crucial role of protecting journalistic sources in ensuring a free and independent press. It stated, “The confiscation of Erdoğan Alayumat’s digital materials has hindered his ability to carry out his profession as a journalist and disrupted the public’s right to be informed.”
Broader violations cited in the application
The application also highlighted that the confiscation violated the right to a fair trial, guaranteed under Article 36 of the Constitution and Article 6 of the ECHR. It argued that the confidentiality order imposed on the case file restricted Alayumat’s defense rights and undermined the transparency of the legal process.
Additionally, MLSA invoked Article 35 of the Constitution and Article 1 of Protocol No. 1 of the ECHR, asserting that the seizure of Alayumat’s digital materials constituted a violation of property rights.
This case underscores broader concerns regarding press freedom and judicial practices in Turkey. Journalists and rights groups have repeatedly criticized the widespread use of terrorism-related charges against media professionals, often accompanied by restrictions on journalistic activities and sources.
