28/02/2025 | Writer: Kaos GL
MLSA Legal Unit and Kaos GL lawyers objected to the detention of journalist Yıldız Tar. In the appeal petition, it was emphasised that the punishment of Tar for journalistic activities cannot be accepted in a democratic society.
Journalist Yıldız Tar was arrested on charges of ‘illegal organisation membership’ after being detained within the scope of the Peoples' Democratic Congress (HDK) operation on Tuesday, 18 February.
According to the news in MLSA, in the appeal petition submitted by the MLSA Legal Unit and Kaos GL lawyers, it was stated that it was unlawful to consider the meetings Tar attended and phone calls made within the scope of journalistic activity as an element of crime and demanded release.
In the petition, it was reminded that Yıldız Tar has been a journalist for many years, was the Editor-in-Chief of KaosGL.org and worked for various press organisations. In addition, Tar's work in the field of human rights and struggle for LGBTI+ rights were also emphasised.
‘Journalistic activity cannot be shown as a criminal offence’
In the petition, it was stated that unlawful evidence was added to the file in the investigation against Tar on the allegation of ‘membership of an armed terrorist organisation,’ and that phone calls from 2012-2013 do not contain any criminal element and that these records were not obtained in accordance with the law. It was emphasised that Tar's attendance to the meetings was within the framework of journalistic activity, but an attempt was made to associate Tar with illegal organisation membership.
‘Phone records were obtained unlawfully’
In the petition of objection, it was stated that the accusations against Tar were largely based on phone calls and wiretaps dating back 12-13 years. It was stated that these recordings were unlawfully obtained and violated the freedom of communication, and the decisions of the European Court of Human Rights (ECtHR) and the Constitutional Court were reminded that such recordings alone cannot be used as a basis for an accusation.
‘There is no suspicion of flight and no possibility of evidence tampering’
In the petition, it was stated that Tar has a fixed place of residence and a permanent job, therefore there is no suspicion of fleeing. It was stated that since the evidence had been collected, there was no possibility of tampering with the evidence, and it was noted that it was a disproportionate intervention to issue a direct arrest warrant without considering lesser measures.
‘Freedom of the press and freedom of expression are violated’
Finally, the petition emphasised that the right of journalists to follow events of public interest must be protected. It was stated that Tar being penalised for journalistic activities was against freedom of the press and freedom of expression, and it was demanded that detention be lifted and release be granted.
Tags: human rights, media
