MLSA - The Media and Law Studies Association (MLSA) Legal Unit filed a lawsuit for material and moral damages against the Treasury of the Republic of Turkey on behalf of journalist İrfan Uçar, alleging an unjustified search warrant led to a raid on his home, seizure of his materials, and subjecting him to judicial control.
The lawsuit, filed by the MLSA Legal Unit at the Gaziantep High Criminal Court, noted that Uçar, a journalist since 1988 and a recognized name in his field, was accused based on phone conversations with colleagues about news stories from nearly 10 years ago, presented as "criminal evidence" during police interrogation. The indictment emphasized that no incriminating evidence or elements could be attributed to Uçar in these conversations.
‘Arrest and seizure procedures lack legal and legitimate reasons’
The indictment argued that an examination of the investigation file would reveal the arrest warrant against Uçar was illegal. Pointing out that Uçar, with a fixed residence, would have complied with a summons, the indictment emphasized the absence of any concrete facts in the file suggesting Uçar would flee or not attend the summons. This highlighted the baselessness of the arrest and seizure procedures against him.
Furthermore, the indictment stressed that Uçar was detained without concrete evidence or accusations in the file, which was disproportionate and unwarranted. Many questions asked by the police were deemed unnecessary by the investigating prosecutor. Uçar, during his detention, noted no new evidence or documents were added to the investigation file, and though he could have been presented to the prosecutor on the first day, his detention was arbitrarily extended, leading to his presentation on the second day.
The indictment detailed that Uçar was unjustly arrested and his home raided based on an arrest warrant issued for conversations he had about 10 years ago with well-known journalists like Hasan Cemal. His materials were confiscated, and he was subjected to judicial control. Uçar reportedly suffered a loss of motivation in his professional and social life due to these events, while his family members, with whom he shares the same residence and who are disadvantaged, were adversely and morally affected.
Background:
Journalist İrfan Uçar was detained during a raid on his home in Islahiye, Antep, on December 6, 2023, as part of an investigation alleging "membership in a terrorist organization" initiated 10 years earlier. During his police interrogation, Uçar was questioned about phone conversations with fellow journalists and statements from a confidential informant. He was released on December 7 with a travel ban and judicial control conditions.
MLSA Legal Unit lawyers appealed against the travel ban imposed on Uçar, and following the rejection of this appeal, they filed an individual application with the Constitutional Court, arguing the ban led to a violation of rights.
