The General Assembly of the Constitutional Court (AYM) ruled that seizure orders targeting the books, magazines and brochures of journalist and author Hasan Cemal, author Yavuz Ekinci, CHP and other applicants violated freedom of expression and freedom of the press. The Court stated that the bans on printing, distribution, sale and reproduction did not meet the legality requirement under Article 13 of the Constitution. It noted that some orders that remained in force for years and were applied independently of investigations went beyond being temporary measures and turned into sanctions resulting in the destruction of the work. The cases examined included “21 Soruda FETÖ’s Siyasi Ayağı,” published by CHP in 2020, two books by Hasan Cemal, Ekinci’s “Rüyası Bölünenler,” as well as certain publications and HDP brochures. AYM ordered a retrial and awarded non-pecuniary damages.
Why it matters
The ruling establishes that a justification based solely on temporary protection will not be sufficient when intervening in publications, and that the legal basis of the practice must also be reviewed in terms of its duration and consequences. This approach places at the center of constitutional review the impact of keeping works seized during an investigation out of circulation for years on freedom of expression and freedom of the press. The outcome concerns not only journalists and authors, but also brochures published by political parties and the individuals and institutions involved in their printing, distribution and sale. The provisions on retrial and non-pecuniary damages leave open questions about how the finding of a violation will be applied in specific cases and what consequences will arise for works that remained inaccessible for a long time.