The Strasbourg court orders Turkey to pay Parıldak a sum of 22,000 euros in non-pecuniary damages and costs and expenses

The European Court of Human Rights (ECtHR) issued its judgment concerning former Zaman reporter Ayşenur Parıldak’s case on 19 March 2024, ruling by a majority that Parıldak’s imprisonment pending trial had violated her right to liberty and security and her freedom of expression.

The Strasbourg court ordered Turkey to pay Parıldak a sum of 22,000 euros -- 16,000 euros in non-pecuniary damages and 6,000 euros in costs and expenses.

Ruling by a majority of 6 votes to 1, with a dissenting opinion by the Turkish Judge Saadet Yüksel, the European Court held that Parıldak’s pre-trial detention was not based on “reasonable suspicion of having committed an offense,” constituting a violation of Article 5/1 (c) of the European Convention on Human Rights (ECHR). Also ruling by a majority, the Court found that Parıldak’s right to be entitled to trial within a reasonable time, safeguarded in Article 5/3 of the Convention, had been violated. The Court also held, again by 6 votes to 1, that Parıldak’s unlawful pre-trial detention had led to a restriction on her freedom of expression, causing a violation of Article 10 of the Convention.

Parıldak, an Ankara-based former courthouse reporter for the now-defunct Zaman daily and a law student at Ankara University, was arrested in August 2016 on suspicion of membership in “FETÖ/PDY” (Fetullahist Terrorist Organization/Parallel State Structure), which the government accuses of plotting the 15 July 2016 coup attempt. Zaman newspaper, where Parıldak worked between 2012 and 2016, was closed under a statutory decree issued in July 2016.

The indictment against Parıldak cited the journalist’s social media posts following the coup attempt, transactions in her bank account, and that she had followed the Twitter account named “fuatavni” among evidence for the charge of “membership in a terrorist organization.”

Concluding her trial in November 2017, the Ankara 14th High Criminal Court sentenced Parıldak to 7 years and 6 months in prison on the charge of “membership in an armed terrorist organization” based on her alleged use of the encrypted messaging app ByLock, her social media posts and the allegation that she had exchanged messages with the owner of the Twitter account “fuatavni.” The court also ordered the continuation of her imprisonment.

Parıldak's lawyers appealed against the sentence, which was rejected by a regional court of justice on 7 June 2018. The Court of Cassation upheld Parıldak’s sentence on 27 December 2018, finalizing her conviction.

Parıldak was released from prison in March 2022 upon serving her sentence. You can find further information on the case against Ayşenur Parıldak here.