Media and Legal Studies Association (MLSA) Legal Unit applied to the European Court of Human Rights (ECHR) regarding the detention of journalist Yıldız Tar for approximately 100 days in 2025.
In the application, it was claimed that Tar's rights were violated due to the arrest and decision to continue his detention, as well as the search at his home, the seizure of his digital materials, and the use of his journalistic activities as a basis for the investigation.
MLSA argued that the practices in question were contrary to the articles of the European Convention on Human Rights (ECHR) regulating personal freedom and security, respect for private life, freedom of expression and press, and freedom of assembly and association.
13-YEAR-OLD PHONE RECORDS WERE MADE THE BASIS OF THE ACCUSE
An investigation was launched against Tar by the Istanbul Chief Public Prosecutor's Office on February 17, 2025, on the allegation of "membership in a terrorist organization".
As part of the investigation, Tar's phone, computer, voice recorder and other digital materials were seized during the operation carried out at his home in Ankara on February 18.
The basis of the accusations against the journalist were phone calls, two text messages and a wiretap recording from 2012 and 2013.
In MLSA's application, it was stated that the records in question were related to university events, peaceful demonstrations, Peoples' Democratic Congress (HDK) meetings and journalistic activities.
'THERE IS NO CURRENT AND CONCRETE EVIDENCE'
In his statement on February 19, 2025, Tar stated that the conversations he was questioned about dated back to approximately 13 years ago, and argued that there was no element in the records indicating violence, organizational instructions or a hierarchical connection with an armed organization.
In the application, it was stated that Tar attended some meetings of HDK as a journalist or participant in 2012, and that he has not taken part in these meetings since 2013.
It was also emphasized in the application that there was no closure order given against HDK or a final court decision revealing its connection with the organization.
Tar's lawyers stated that participation in several meetings cannot be considered as organizational activity and that there is no current and concrete evidence revealing their client's connection with an armed organization.
INTERVIEWS RELATED TO THE NEWS FOLLOW-UP WERE ENTERED IN THE FILE
In the ECHR application, it was pointed out that phone calls made within the scope of journalistic activities were also used as the basis for the accusation.
In this context, it was stated that the phone call in which Tar gave information to journalist Ruken Tunçel about the student events at Boğaziçi University on October 26, 2012, and the conversation in which Tar told journalist Derya Okatan about the police intervention against DİSK Headquarters on May 1, 2013, were included in the file.
MLSA argued that the meetings in question were within the scope of news monitoring and information sharing and did not contain any calls for violence or organizational instructions.
It was reported that the press statements and social demonstrations Tar attended during his student years were also evaluated within the scope of the investigation.
CRITICISM OF 'GENERAL JUSTIFICATION' FOR DETENTION DECISIONS
Arrested by the Istanbul 6th Criminal Judgeship of Peace on February 22, 2025, Tar's objection to the arrest decision was rejected on March 5.
In the detention review held on March 19, it was decided to continue the detention.
MLSA stated that in the decisions regarding the continuation of detention, no concrete risk of escape or obfuscation of evidence specific to Tar's personal situation was presented, and general justifications such as the nature of the crime and the severity of the punishment were repeated.
Istanbul 26th High Criminal Court ruled on lack of jurisdiction on 8 May 2025 and sent the file to Ankara. Ankara 17th High Criminal Court decided to release Tar on May 30.
Thus, Tar was detained for approximately 100 days.
APPLICATION TO ECHR OVER FIVE ARTICLES
In its application to the ECHR, MLSA Legal Unit alleged violations under five separate articles of the European Convention on Human Rights.
In the application, it was argued that Article 5, which regulates the right to personal freedom and security, Article 8, which guarantees the right to respect for private life and correspondence, Article 10, which relates to freedom of expression and press, and Article 11, which regulates freedom of assembly and association, were violated.
It was also claimed that the restrictions imposed on the rights in question were contrary to the prohibition of misuse in Article 18 of the ECHR.
MLSA stated that using journalism and peaceful civil society activities as a basis for criminal investigation puts pressure on fundamental rights and freedoms.
