Turkey's top court reverses state of emergency decree allowing media closures

Turkey's Constitutional Court (AYM) ruled to reverse a state of emergency decree that allowed for the closure of media outlets on grounds of "threatening national security." The decree violates "the principles of necessity and proportionality," the top court said in its ruling.

Thursday April 08 2021 04:27 pm

Serkan Alan / DUVAR

Turkey's Constitutional Court annulled a state of emergency decree that allowed the government to shut down news organizations on the grounds of "threatening national security."

Ankara released a series of state of emergency decrees during the state of emergency following the failed coup attempt of July 15, 2016, often listing the names of news organizations and calling for their closure.

Main opposition Republican People's Party (CHP) had petitioned the Constitutional Court to revoke the relevant state of emergency decree on the grounds that it violated the constitution by blocking the public's access to information.

The Constitutional Court ruled that the article of the constitution that allows for the closure of publications requires overwhelming evidence to support the move, and that any closures without detailed inspections are a dire breach of rights and freedoms.

The decree violates "the principles of necessity and proportionality," the top court said in its ruling.

Meanwhile, attorney Kerem Altıparmak noted that the top court's ruling will have legal implications for nearly a dozen news outlets that were closed during the state of emergency, but weren't included by name in the decree, including İMC Tv, Hayatın Sesi Tv, Zarok Tv and Jiyan Tv.

The organizations that were listed by name in the decree on the other hand need to be examined by the State of Emergency Inquiry Commission to be able to reopen, the attorney added.