MLSA - Turkey’s Constitutional Court has ruled that the pre-trial detention of journalist Merdan Yanardağ in 2023 over televised comments about jailed Kurdish leader Abdullah Öcalan violated his right to liberty and security, stating that his remarks did not constitute incitement to violence or force.
In its decision, the court ordered the Turkish government to pay Yanardağ 166,500 Turkish lira (about $5,800) in non-pecuniary damages. It also ruled that a copy of the decision be sent to the Istanbul 30th High Criminal Court, which sentenced Yanardağ to two years and six months in prison.
Yanardağ, the editor-in-chief of opposition broadcaster TELE1, was arrested on June 26, 2023, over comments made on air on June 20, in which he criticized the long-term isolation imposed on Abdullah Öcalan, the imprisoned leader of the outlawed Kurdistan Workers' Party (PKK). The journalist is currently detained in another case, over espionage allegations related to Istanbul’s opposition mayor Ekrem İmamoğlu.
The Constitutional Court examined an individual application filed by Yanardağ’s lawyers and concluded that the journalist’s remarks did not encourage or legitimize violence, nor did they constitute credible evidence of a crime.
In the controversial broadcast, Yanardağ said:
“The isolation imposed on Abdullah Öcalan has no legal basis and must be lifted.”
“Because Abdullah Öcalan is not someone to be taken lightly. He reads a lot; he has almost become a philosopher in prison, because he does nothing but read. He is someone who understands, sees, and analyzes politics correctly, and is extremely intelligent.”
Following these remarks, Yanardağ was arrested and sent to Silivri Prison. Prosecutors charged him with “making propaganda for a terrorist organization” and “praising crime and criminals.” He was tried before the Istanbul 30th High Criminal Court, which sentenced him on Oct. 4, 2023, to two years and six months in prison on the charge of terrorist propaganda. However, the court also ruled for his release during the same hearing. An appeal filed by his lawyers is currently under review by the Istanbul Regional Court of Justice.
Court: No glorification of violence in Yanardağ’s remarks
The Constitutional Court found that Yanardağ’s statements did not include praise, justification or encouragement of the PKK’s use of violence, force, or threats. It ruled that when considered in their full context, the comments did not constitute strong evidence of a crime. Therefore, the court concluded, his pre-trial detention violated his right to liberty and security, as guaranteed under the Turkish Constitution.
Damages and next steps
In addition to awarding 166,500 lira in damages for the rights violation, the court ordered that the ruling be forwarded to the Istanbul 30th High Criminal Court for informational purposes.
Dissenting opinions from two judges
Two members of the Constitutional Court, former Istanbul Chief Public Prosecutor İrfan Fidan and Muhterem İnce, dissented from the majority opinion. In their dissenting views, they argued that Yanardağ’s remarks justified the PKK’s methods and that the prosecutor’s assessment of strong suspicion of a crime could not be deemed arbitrary or baseless.
