The Media and Law Studies Association (MLSA) has filed a constitutional complaint with Turkey’s Constitutional Court, arguing that the access ban on MLSA Diyarbakır correspondent Deniz Tekin’s Twitter account violates his rights to freedom of expression, communication, and the public’s right to access information. The ban was based on the “virtual patrol” reports prepared by the Gümüşhane Provincial Gendarmerie Command, a practice previously annulled by the Constitutional Court in 2020.
In the application submitted by the MLSA Legal Unit, it was emphasized that Tekin’s social media posts mainly consist of human rights violations, freedom of the press, and matters of public interest. The application highlights that his posts clearly fall under journalistic activities and public interest reporting.
Virtual patrol and overreach
The complaint argues that the Gendarmerie's monitoring of Tekin’s social media account without legal authority violates his right to personal data protection. It also points out that the Gendarmerie’s assessment of Tekin’s posts as “terrorist propaganda” is beyond its legal authority and constitutes an unlawful action, as only courts have the authority to determine whether a crime has been committed.
A violation of freedom of expression
MLSA’s submission contends that the access ban imposed by the Gümüşhane Criminal Judgeship of Peace based on the Gendarmerie's "virtual patrol" report violates established precedents of the Turkish Constitutional Court and represents a serious interference with Tekin’s freedom of expression. The application further stresses that Tekin has no criminal convictions or ongoing investigations related to "terrorist propaganda."
Judicial overreach and flaws in the decision
The complaint points out that the judgeship issued the access ban without a thorough review of Tekin’s social media account. With over 3,500 posts, it would have been impossible to comprehensively assess all content. MLSA referenced judgments by the European Court of Human Rights (ECHR) and the Turkish Constitutional Court regarding internet freedom, noting that the access ban did not meet legal standards for proportionality and necessity.
The application also asserts that the decision violated Tekin's rights under Articles 25 and 26 of the Turkish Constitution and Article 10 of the European Convention on Human Rights (ECHR), which protect freedom of expression, as well as Article 22 on the right to communication. It further claims that the ban restricted the public's right to receive information.
Problematic enforcement of Law No. 5651
The application argues that Law No. 5651, governing internet access restrictions, is being misapplied by judgeships, which are increasingly issuing access bans without sufficient justification. It criticizes the handling of the case by the Bayburt Criminal Judgeship of Peace, which rejected MLSA's appeal without properly addressing the arguments presented.
Background
The Gümüşhane Criminal Judgeship of Peace imposed an access ban on August 20, 2024, following a request by the Gümüşhane Provincial Gendarmerie Command as part of a “virtual patrol” investigation. Among the 65 accounts affected by the ban were those of Kurdish politicians, journalists such as Amberin Zaman of Al Monitor, MLSA correspondent Deniz Tekin, and others. The ban was justified on grounds of "national security and public order," with authorities claiming that the accounts engaged in "terrorist propaganda."
MLSA argued that the “virtual patrol” practice had been annulled by the Constitutional Court in 2020, making the access ban unlawful. The Bayburt Criminal Judgeship of Peace rejected the appeal without providing a substantive explanation, leading MLSA to take the case to the Constitutional Court.
What MLSA is seeking
MLSA has asked the Constitutional Court to recognize the violations of Tekin’s rights to freedom of expression and communication and to annul the access ban, ensuring protection of these fundamental rights in line with national and international legal standards.
