22/03/2025 | Writer: Kaos GL
Lawyers from Kaos GL and the Media and Law Studies Association (MLSA) have submitted an application to the Constitutional Court on behalf of Yıldız Tar, the Editor-in-Chief of KaosGL.org, who has been in detention since February 21.
Tar was arrested on February 21 on charges of "membership in an armed organization" as part of an ongoing investigation into the Peoples' Democratic Congress (HDK). The application to the Constitutional Court argues that Tar was detained solely due to journalistic and civil society activities, constituting a violation of fundamental rights.
According to a report by MLSA, the application states that Tar's rights—including personal liberty, fair trial, freedom of expression, press, and association—have been violated. The lawyers emphasized that Tar began a journalism career in 2013, has worked with various media outlets, and currently serves as the Editor-in-Chief of Kaos GL, underlining that these activities do not constitute a crime.
The investigation is reportedly based on two text messages, ten phone calls, and one recorded conversation from 2012–2013, none of which contain criminal elements. These communications are described as related to news coverage and civil society activities. Furthermore, the submission highlights that bringing these recordings—obtained unlawfully—back into the case file after 13 years constitutes a direct violation of both evidentiary law and individual rights.
Violation of privacy and press freedom
The application also argues that the early-morning raid on Tar’s home and the confiscation of digital materials violated the right to privacy. The lawyers stress that the journalist's arrest represents a direct attack on press and freedom of expression, asserting that treating journalistic interviews as criminal acts contradicts both the Constitution and the European Convention on Human Rights (ECHR).
It is further stated that Tar’s peaceful activities—such as attending HDK meetings, advocating for gender equality, and participating in student protests—are constitutionally protected and should not be used as grounds for accusations of “membership in a criminal organization.” The application also underscores violations of the rights to peaceful assembly and association.
Baseless charges and unlawful surveillance
The legal submission points out that Tar was detained without even giving a statement beforehand and that the primary reason for the arrest was alleged "frequent attendance at HDK meetings." However, the case file reportedly includes only vague references to four such meetings, without any concrete or organizational evidence. The lawyers argue that attending such events as a journalist cannot be considered a crime.
Moreover, the phone and environmental audio recordings in the case were obtained without judicial authorization. The application references Supreme Court precedents that such recordings cannot be considered standalone criminal evidence and, at most, may serve as circumstantial indications.
Detention for political reasons
The application asserts that Tar’s detention is primarily motivated by journalistic and human rights work and that the investigation aims to suppress freedom of expression and association. Citing the European Court of Human Rights' (ECtHR) ruling in the Kavala case, it argues that reopening a closed investigation after many years to justify severe legal measures poses a serious threat to democratic rights.
The submission concludes by emphasizing that Tar’s detention is not only an act of repression against them as an individual but also a broader intimidation tactic targeting civil society as a whole. The lawyers demand their immediate release and recognition of their detention as a violation of fundamental rights.
Tags: human rights, media
