Turkiye: Constitutional Court Declares Nurcan Kaya’s Travel Ban a Violation of Freedom of Speech
Women Press Freedom applauds this landmark ruling protecting journalists targeted with arbitrary bans
Location: Turkiye, Ankara
Date: March 5, 2024
In a groundbreaking decision, Turkiye's Constitutional Court ruled that a travel ban imposed on journalist and author Nurcan Kaya constitutes an infringement upon the constitutional right to freedom of expression. This landmark ruling marks the first time the court directly correlates judicial control, in the form of a travel ban, to a violation of freedom of speech. Women Press Freedom welcomes this decision, which bolsters press freedom, as we have documented authorities over and over again imposing travel bans on journalists who report critically of the state.
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On March 5, 2024, Nurcan Kaya and her legal team from the Media and Law Studies Association (MLSA) won a significant victory in Turkiye’s Constitutional Court in Ankara. The judge determined that a travel ban issued to Kaya in 2019 for a tweet she posted was unconstitutional.
Veysel Ok, Co-Director of MLSA, praised the court’s decision, highlighting the escalating trend of Turkish courts imposing arbitrary judicial control measures on journalists, lawyers, and politicians, particularly in cases involving news and information sharing.
Nurcan Kaya was detained in October 2019 while attempting to leave Turkiye due to a tweet she posted in 2014 expressing solidarity with the people of Kobane, Syria. Despite being released after her interrogation; the authorities imposed an international travel ban against her. She was sentenced to one year and three months in prison in September 2021 on charges of propagandizing for a terrorist organization. Throughout her trial, she endured a 1.5-month-long period of judicial control, including a travel ban, which the Constitutional Court has now deemed an encroachment upon her fundamental right to freedom of expression.
The Constitutional Court deemed Kaya's tweet, made on the day of a Turkish military operation in Northern Syria, a matter of public interest falling within the realm of freedom of expression.
Critically, the court condemned the significant punitive effect of the travel ban on Kaya, especially given her involvement in international human rights activities. It chastised the Peace Criminal Judgeship for neglecting to explore less restrictive alternatives before imposing the ban and for dismissing an appeal against it on vague grounds.
The court also acknowledged the stifling effect of the judicial control decision on Kaya, awarding her 13,500 Turkish Liras (approximately $422) in moral damages for the violation of her rights.
This ruling serves as a beacon of hope for press freedom advocates and independent journalists in Turkiye, where critical press is frequently subjected to arbitrary travel bans. Judges must now justify imposing these measures; they cannot be handed down without proper reasoning. In a country where there is mass legal harassment of journalists, Women Press Freedom hopes that this ruling will have a positive impact on journalists facing trial. Journalists and activists must not be barred from travel without clear evidence to justify applying these restrictions. This ruling sets a precedent for judicial accountability and the protection of fundamental freedoms, signaling a step towards a more transparent and democratic society.
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