Decision to continue the detention of 16 journalists

  • actual
  • 16:09 10 August 2022
  • |
img
DİYARBAKIR - The court ruled for the continuation of detention for 16 journalists arrested in Diyarbakır on June 16.
 
In the evaluation of the monthly detention of 16 journalists arrested in Diyarbakır on June 16, Diyarbakır 5th Criminal Judgeship of Peace decided to continue their detention for the second time. Resul Temur, the attorney of the journalists who wanted their clients to be tried pending trial, stated that their access to the file was restricted even though there was no restriction decision in the file during their detention, and that they could not get any results from their objections, and it is not revealed any evidence to the scrutiny of the defense is against the “principle of equality of arms". Temur stated that with the restriction, they did not have the opportunity to examine the evidence in the file and the legality of these evidences, and this abolished the right to present evidence against the accusation and to demand the collection of evidence in favor of it and
 
noted that this is contrary to the “right to a fair trial” regulated in Article 36 of the Constitution and Article 6 of the European Convention on Human Rights (ECHR).
 
'A DECISION INDEPENDENT OF LEGAL PURPOSE'
 
Temur pointed out that the preparation of the 6-page document containing the arrest referral request 3-4 minutes after his clients gave their statements to the investigating prosecutor revealed that the document was prepared in advance and that only the statement was copied and added to the action. Temur said: "The 'detection that the organisation achieved its ultimate goals under the guise of a media organization', which was the reason for the arrest, was not included in the scope of the criminal investigation, and that the accusation was 'unspecific' for clients. This is a malicious and legally-independent decision that destroyed the principle of the individuality of crime and punishment."
 
'DECISION OF ARRESTS WILL TURN INTO A PENALTY'
 
Reminding that the arrest warrant was based on "the finding of facts showing a strong suspicion of committing a crime," Temur said: "The arrest warrant did not comply with Article 100 of the Criminal Procedure Code and the jurisprudence of the European Court of Human Rights (ECHR). According to Article 100 of the Code of Criminal Procedure, an arrest warrant can be issued only in the presence of concrete evidence showing the existence of a strong criminal suspicion and a reason for arrest. Otherwise, the decision to arrest will go beyond the purpose of a precautionary measure, will turn the detention into a method of punishment that will remove it from a precautionary measure, and will result in a violation of the rights protected both nationally and internationally."
 
Temur, who submitted the violation decisions of the ECtHR, the Constitutional Court and the Supreme Court of Appeals in unjust detentions to the file, stated that the arrest of his clients on the grounds of "being members of a terrorist organisation" despite their investigation within the framework of their press activities, revealed that the investigation and the activities of his clients were manipulated. Temur said:"This interference is also aimed at freedom of the press, and it is clear that this will lead to a violation within the scope of Article 13 of the Constitution and Article 18 of the ECHR."
 
REQUEST FOR RELEASING BY JUDICIAL CONTROL
 
It was clear that his clients were arrested due to legitimate and unlawful reasons, therefore attorney Temur asked to be released them within the scope of judicial control measures.
 
THE DECISION TO CONTINUE ARREST
 
Diyarbakır Criminal Court of Peace decided to continue their detention on the grounds there is evidence showing strong suspicion of crime that the imprisoned journalists have committed the crime, that there is no change in the evidence in favor of the suspect journalists, that the crime charged against them is one of the catalog crimes specified in the Criminal Procedure Code, and that the detention measure is proportional according to the expected sentence.
 

View More Articles

12/08/2022
15:27 Application for visit from Öcalan's family and trustee
14:39 Syria statement from the Ministry of Foreign Affairs
14:30 Ferit Şenyaşar: Those who put a ban will give an account when justice is served
14:12 The condition of journalist Ayık, who is 76 persent disabled and imprisoned is getting worse
12:29 The statement of meeting with the Esad regime confused the region
11:18 Journalist Remziye Temel told about her ward friend
11/08/2022
15:35 2 fighters lost their lives in the attack in Qamishlo
15:30 From relatives of prisoners to political parties: Hear our voices
15:05 Call from Emine Şenyaşar: Do not leave us alone
14:48 Has Russia made concessions for Northern and Eastern Syria?
11:25 The satellite photos of deforestation
10/08/2022
17:01 The incident, in which the prosecutor said 'no evidence' despite pregnancy, turned out to be rape.
16:09 Decision to continue the detention of 16 journalists
15:17 Şenyaşar family: We will not leave courthouse until justice will serve
14:09 Fire in Cudi, where tree chopping was done
13:29 The rangers are asked to be driven into the war tunnels
13:20 Armed conflict continues in the rural area of Anîtos
12:53 The Kurdish politician wanted by MIT to be extradited is in the same ward with ISIS members.
11:23 Turkish state killed two civilians and called them "terrorist"
09/08/2022
15:23 Şenyaşar family: We will not leave this courthouse until justice is served
14:57 Drone attack on Amûdê
14:56 Attack on Til Temir: One person died
14:34 Atmaca who allegedly committed suicide lost his life
14:29 Drone attack against Qamishlo
14:20 HDP: We condemn the attacks on Gaza
14:18 308 intellectuals call on opposition to defy Turkish incursion into North-East
14:15 Journalist İbrahim: KDP is an accomplice of the massacre carried out by Turkey
11:33 Constitutional courts decides retrial of police who killed Ali İsmail Korkmaz
08/08/2022
19:52 Afrin Canton Council calls for accountability for Turkish occupation state`s crimes
16:45 People of Şırnak says they want public awareness for natural destruction in Şırnak
14:16 'Those who killed Hüseyin are those who arrested the journalists today'
13:27 Governor bans Şenyaşar family from entering the yard of courthouse
12:20 Release of 30-year-old prisoner postponed
10:29 Villages of Dirbesiye shelled by Turkey
06/08/2022
13:05 Attorneys of Aysel Tuğluk: She must be released immediately
12:45 Turkish fighter jets shells a village of Amediyê
12:14 Şenyaşar family: Justice is late but it will be done
11:43 Joint statement from HDK and HDP: Stop the torture at the borders
10:50 Footage of surveillence video regarding alleged suicide in prison shelved
09:22 Decision of release for Aysel Tuğluk in Kobané Case
05/08/2022
14:58 'Center for Combating Disinformation' established in Turkey!
14:57 New application submitted by Öcalan's family and legal guardian
14:16 Şenyaşar family: Where is justice if this is a state of law?
13:06 Alleged suicide in Batman Prison
12:45 Torture at Iran-Turkey border!
12:30 Prisoner suffering from epilepsy battered by guards
12:29 'Erdoğan will pay a heavy price if he insists on going to war'
11:39 Güngördü: Aysel Tuğluk could not recognise her attorney
02/08/2022
15:32 Two children murdered by Iranian forces in Marivan
15:28 DFG: 13 journalists subjected to police attack in July