İstanbul - The Media and Law Studies Association (MLSA) has filed an application with Turkey's Constitutional Court over alleged rights violations in the detention of Koray Kesik, the cinematographer of the documentary Bakur. Kesik was detained in May 2024 on charges of "membership in a terrorist organization," a move MLSA argues violated his right to a fair trial and other fundamental freedoms.
According to the MLSA's application, the investigation into Kesik stems from his work on the 2013 documentary Bakur, which focuses on the withdrawal of PKK (Kurdistan Workers' Party) militants from Turkey. The investigation was launched nine years after the documentary's release by the İzmir Chief Public Prosecutor's Office.
The legal filing also highlights irregularities during the detention process. It notes that Kesik's case file was placed under a confidentiality order, preventing his lawyers from accessing its contents. Additionally, Kesik was reportedly held in custody for four days following a midnight police raid on his home, during which he was barred from meeting with his legal counsel for the first 24 hours of his detention.
Violations of freedom of expression and movement
The MLSA argues that the travel ban imposed on Kesik as part of the investigation violates his right to artistic expression, as his profession requires international travel. The application also claims the ban infringes on his right to privacy and freedom of movement. The association is requesting that the Constitutional Court address these violations and initiate legal proceedings to rectify the harm caused.
Context and background
Koray Kesik served as the cinematographer for Bakur, a documentary that chronicles the PKK's withdrawal process and was first screened in 2015. The film has been at the center of legal controversies in Turkey due to its subject matter. Following its release, its directors, Ertuğrul Mavioğlu and Çayan Demirel, were charged with "making propaganda for a terrorist organization." In December 2023, the Batman 2nd High Criminal Court sentenced both Mavioğlu and Demirel to 1 year and 13 months in prison.
Kesik's detention occurred in May 2024 during a late-night police raid on his residence, underscoring the heightened scrutiny faced by individuals associated with Bakur. The documentary, which received critical acclaim and several awards, has also been condemned by Turkish authorities for allegedly promoting terrorism.
Rights groups have long criticized Turkey for its use of vague anti-terrorism laws to target journalists, filmmakers, and artists, with such cases drawing international condemnation for undermining freedom of expression. The MLSA’s application marks a significant legal challenge against these practices and seeks to highlight the broader implications for artistic freedom in Turkey.
