In a landmark decision on Tuesday, the European Court of Human Rights (ECHR) ruled that Türkiye violated the right to a fair trial in the case of Mustafa Aydın, a journalist convicted of membership in an armed terrorist organization. The court criticized the Turkish judiciary for failing to provide adequate reasoning for Aydın’s conviction and for not adequately addressing his defense claims.
Aydın, a correspondent for the Dicle News Agency, was arrested in 2008 as part of a counter-terrorism operation against the Patriotic Democratic Youth Movement, linked to the Kurdistan Workers’ Party (PKK). He was charged under Article 314 of Turkey’s Criminal Code for alleged membership in the PKK, a group labeled as a terrorist organization by the European Union. Despite presenting a defense that he was simply doing his job as a journalist, Aydın was convicted in 2014 and sentenced to six years in prison.
The ECHR found that the İzmir trial court’s decision lacked sufficient justification and failed to engage with Aydın’s arguments or the evidence he presented. The ruling emphasized that the court’s failure to provide a proportional assessment of Aydın’s actions constituted a violation of his rights under Article 6 of the European Convention on Human Rights, which guarantees a fair and public hearing.
Aydın’s legal journey also saw unsuccessful appeals to Turkey’s higher courts before he turned to the ECHR for redress. The ruling highlights concerns over the misuse of counter-terrorism laws in Türkiye, particularly their application to journalists and human rights activists, with many critics arguing that such laws are used to silence dissent.
This ruling underscores the broader challenges to press freedom and human rights in Türkiye, particularly in cases where counter-terrorism measures intersect with civil liberties.
Excerpts from Matteo Piccioli article, Maastricht U. Faculty of Law, NL, Jurist
