The expert opinion prepared by lawyer Benan Molu states that the trial and conviction of Cihan could constitute a violation of the ECHR’s article 18, in addition to violating the freedom of expression and the press

The Punto 24 Platform for Independent Journalism (P24) has prepared an expert opinion regarding the trial of journalist Cihan Yücel, who goes by the social media handle Metin Cihan, on charges of “illegally obtaining and disseminating personal data” as per paragraph 1 of article 136 of the Turkish Penal Code (TPC) over his Twitter posts on 19 November 2021.

The expert opinion dated 19 December 2022 features a comprehensive examination of whether the charges against Cihan comply with European human rights standards, especially the judgments of the European Court of Human Rights (ECtHR), which govern the right to the freedom of expression and the press and are binding on Turkey. The expert opinion, prepared upon a request by Cihan’s lawyer Özgür Urfa, was prepared by lawyer Benan Molu, registered with the Bar Association No. 1 of İstanbul, who is an expert on European human rights law and individual applications to the Constitutional Court and the ECtHR.

The expert opinion discusses the principles for the freedom of the press and expression established by the European Convention on Human Rights (ECHR), the ECtHR, Council of Europe (CoE) Commissioner for Human Rights, CoE Committee of Ministers and CoE Platform to Promote the Protection of Journalism and Safety of Journalists. Stating that the subjecting of journalists to judicial processes to silence or punish them due to their reporting constitutes a violation of article 10 of the ECHR which governs the freedom of expression and article 18 of the ECHR which prohibits the limitation of freedoms and rights for political purposes, the expert opinion evaluates Cihan’s case as follows:

“In light of ECtHR judgments and the principles of international human rights law, P24 is of the opinion that the case filed against Cihan Yücel and the possible imprisonment sentence for Yücel, who is thought to be facing judicial harassment due to his reporting, for his exercise of the freedom of expression and the press could constitute a violation of the freedom of the press and expression guaranteed by the Constitution and the ECHR and the prohibition of the limitation of these rights and freedoms for political purposes therein.”

About the case

An investigation concerning Metin Cihan was launched after he shared lists on his Twitter account which allegedly show that the Youth Foundation of Türkiye (TÜGVA) has installed hundreds of people into offices within the army, the police force and other public institutions through the foundation and kept records of conduct concerning these people; that TÜGVA accounts for a share of the distribution of positions within many state units including the army, the police force and the judiciary; and that it has received under allocations of premises and other public resources. An order for Cihan’s arrest was issued on 22 November 2021 as part of the investigation, but the order could not be executed as Yücel was abroad at the time. The indictment against Cihan was announced on 1 March 2022. The indictment requests sentencing from three to six years for Cihan as per article 136/1 of the TPC.

So far, six hearings have been held in the trial which the İstanbul 22nd Criminal Court of First Instance commenced on 18 March 2022. The next hearing of the trial is scheduled for 8 March 2023.