Attack on freedom of speech – the case of Ahmet Sik

Background

Ahmet Şık is a prominent Turkish investigative journalist. His work has focused mainly on freedom of expression, a number of unsolved killings, problems with the operation of the judicial system, police violence and Kurdish issues.

On 3 March 2011 the security forces searched Mr. Şık’s home and workplace. Subsequently, he was taken into custody. Mr. Şık’s arrest produced an immediate reaction and protests both nationally and internationally. Nevertheless, he was charged with aiding and abetting a criminal organization by being involved in the production of a book sharply criticizing the government.

After having refused Mr. Şık’s several requests for release, the Turkish authorities eventually released him.

Judgment of European Court of Human Rights

The Court found a violation of Mr. Şık’s right to liberty, remarking that the reasons for his lengthy detention were neither relevant nor sufficient.

The Court also ruled that the detention was a disproportionate interference with Mr. Şık’s freedom of expression. It caused a chilling effect on journalists in general, limiting their ability to express views on important matters of public policy.

Shortcomings in Implementation

Violations of the right to free speech in Turkey continue to be extremely serious, as revealed by the Court’s judgments since 1998. Findings of the Constitutional Court and the European Court, and the observations of the Commissioner for Human Rights, are some examples of evidence that shows the problem is entrenched and ongoing. According to the Committee to Protect Journalists, Turkey has more journalists in prison than any other country in the world.  

A group of cases concerning free speech are due to be examined by Council of Europe’s Committee of Ministers in early 2020. 

• Summary of Key Turkish Free Speech Cases on Hudoc-EXEC

• Press release of the judgment of the European Court of Human Rights