DENİZ TEKİN
The Media and Law Studies Association (MLSA) is pursuing legal action against the Treasury on behalf of journalist Sibel Yükler, who faced unjust judicial pressure. This pressure stemmed from her reporting on the transfer of a prosecutor and her husband, who were both involved in a trial. As a result of her actions, Yükler experienced both pecuniary and non-pecuniary damages. Notably, her journalistic activities were severely impeded due to the confiscation of her news equipment.
The lawsuit, initiated by MLSA's Legal Unit, is multifaceted. It addresses the unjust detention of Yükler, the imposition of judicial control measures restricting her freedom, and the seizure of her computer and phone. These legal actions have been brought before the Ankara High Criminal Court. The petition submitted by MLSA's Legal Unit includes crucial documentation, such as the decision of non-prosecution issued by the Diyarbakır Chief Public Prosecutor's Office regarding Yükler.
During the investigative process, Yükler's home was subjected to a raid, resulting in her detention and the confiscation of vital tools for her journalistic endeavors, including three computers and three separate phones. This deprivation significantly hindered her ability to carry out her professional responsibilities. As an editor for the T24 news website, Yükler's inability to access her equipment caused substantial material and moral harm.
The petition emphasizes the unjust nature of the investigation against Yükler. Despite the subsequent decision of non-prosecution, she endured significant hardships, including the loss of motivation in her profession and enduring great material and moral damage. MLSA contends that Yükler's suffering warrants compensation in accordance with the law.
Due to the investigation's consequences, including arrests, detentions, confiscation of news materials, and judicial control orders, Yükler is seeking compensation totaling 200,000 TL. This sum comprises both financial and non-pecuniary damages. It is worth noting that the investigation initially targeted journalists who shared information about the transfer of a prosecutor involved in high-profile cases. Despite these challenges, Yükler and some of her colleagues were ultimately cleared of any wrongdoing.
Background
Several journalists are being investigated for sharing a decree from the Council of Judges and Prosecutors (HSK) regarding the transfer of a prosecutor and his wife. The prosecutor had prepared the indictment for 16 journalists in Diyarbakır, while his wife was part of the panel that conducted the trial. On July 25, 2023, journalists Sibel Yükler, Evrim Kepenek, Fırat Can Arslan, Delal Akyüz, and Evrim Deniz were detained in house raids in Ankara, Izmir and Istanbul. The Diyarbakır Chief Public Prosecutor's Office has launched an investigation against them for allegedly targeting individuals who were involved in the fight against terrorism. The journalists' phones and computers were seized as criminal evidence.
Yukler, Kepenek, Akyuz, and Deniz were released with a travel ban on the same day. Journalist Fırat Can Arslan was arrested, and an investigation was launched against journalist Yildiz Tar for criticizing the detention of journalists.
Journalist Fırat Can Arslan was acquitted on October 31, 2023, in the Diyarbakır 4th High Criminal Court on charges of "targeting people who took part in the fight against terrorism" with a prison sentence of 1 to 3 years.
On November 11, 2023, the Diyarbakır Chief Public Prosecutor's Office completed its investigation against Yükler and Mezopotamya Agency (MA) franchise owner Ferhat Çelik for "targeting people who took part in the fight against terrorism" and issued a decision of non-prosecution because the legal elements of the crime did not exist.
A decision of non-prosecution was issued against journalists Evrim Deniz, Evrim Kepenek, and Delal Akyüz, whose investigation files were separated.
