The European Court of Human Rights ruled that former singer Atilla Taş, who was arrested on charges of “aiding a terrorist organization” after the coup attempt on 15 July 2016, was detained in violation of “freedom and security rights”. The Supreme Court of Turkey’s Stone, 15 thousand euros tangible and agreed to pay compensation.
The European Court of Human Rights, in Strasbourg, evaluated Atilla Taş’s application for the investigation and subsequent arrest of him for his articles on the media organs of the Fetullah Gülen movement and the messages he shared on his Twitter account, and announced its decision. The court said, “Because there is no reasonable suspicion that Taş committed a criminal offense, it has been ruled that the right to liberty and security has been violated” as regulated by Article 5/1 of the European Convention on Human Rights (ECHR). concluded that with the implementation, Article 5/4 of the ECHR and Article 10 of the ECHR regulating freedom of expression were violated.
The text of the decision contained the following statements: “In Article 100 of the Code of Criminal Procedure, it is stated that ‘a person can only be detained in cases where there is actual evidence that gives rise to strong suspicion that he has committed a crime.’ In this context, Atilla Taş’s detention is a As a result, Atilla Taş’s rights and freedoms as stipulated by law could not be ensured. Therefore, Article 10 of the Convention was also violated. ”
In the text of the decision, it was stated that the newspaper Taş wrote “was not accepted by any court to be the media organ of a terrorist organization, and protesting the decision of the newspaper to appoint a trustee with a peaceful action cannot be considered as a terrorist act”. Stating that Taş had committed an act of terrorism, the court stated that “there is no objective determination” that is satisfactory and that the arrest on these grounds is contrary to Article 10 of the ECHR, which regulates freedom of expression and Article 11 that regulates the right to demonstrate.
“We are not convinced of the suspicion of FETO and Fuatavni”
In the decision of the ECtHR, which stated that “The existence of a connection between the owner of the Twitter account named ‘Fuatavni’, which is allegedly making propaganda on behalf of FETÖ / PYD, could not be determined”, the statement “Constitutional Court is inadequate to find reasonable suspicions based on detention by referring only to the indictment.” took.
According to the decision, “The Constitutional Court ruled, stating that the prisoner’s articles and tweets praised the FETÖ / PYD in general, but no information was given as to which articles and tweets included terrorism”, stating that Taş’s articles did not contain terrorism praise. It was also stated. It was emphasized that Taş’s tweets against the President and the government “did not constitute evidence that would satisfy the court and that the grounds of his detention were not convincing.”
Court, Turkey’s Atilla Stone 12 thousand 275 Euros in compensation, decided by a total of 3 thousand 175 euros in compensation to pay 15 thousand 450 euros including costs unanimously.
Why was Atilla Taş arrested?
Musician Atilla Taş was taken into custody in the framework of the “media structuring” investigation of the Fetullah Gülen Community on 31 August 2016, just after the coup attempt, because of his articles in Meydan newspaper, then he was arrested and put in prison. Taş, who was imprisoned for more than a year, was released in October 2017 pending trial. Taş, who took the decision of the lower court to the Constitutional Court, brought the case to the ECHR at the end of 2017, when the decision was approved.