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Turkish Court Landmark Ruling Declares Travel Bans on Journalists as Breach of Freedom of Expression

In a recent ruling, Turkey's Constitutional Court has declared that the imposition of international travel bans on journalists violates the fundamental right to freedom of expression. This decision follows an application filed by the Media and Law Studies Association (MLSA) Legal Unit, supported by the Global Media Defence Fund administered by UNESCO, marking the first instance where the court has directly linked judicial control measures, such as travel bans, to a breach of freedom of expression.
Travel Bans on Journalists as Breach of Freedom of Expression

The case centered around Nurcan Kaya, an author that specializes on human rights, and a columnist, whose travel was restricted and subjected to judicial control. MLSA Legal Unit challenged this restriction, arguing that it unjustly hindered Kaya's ability to exercise her freedom of expression. The court's ruling is considered by media support groups as setting a precedent for journalists across the country who have faced similar restrictions on their international travel.

Just two weeks after this landmark ruling, the Constitutional Court delivered another similar verdict. It declared a travel ban, imposed on a civil society professional Aret Demirci, in response to a social media post made in 2018 was inconsistent with the principles of a democratic society. The Court highlighted that this travel restriction impeded on Demirci’s personal and professional life, given his need for frequent international travel due to work and family commitments. Furthermore, the Court mandated authorities to pay a compensation for the infringement. 

Barış Altintas, Co-Director of MLSA, hailed the decision as a significant victory for press freedom:

We are very proud of our Legal Unit. The Constitutional Court has given two very important decisions about the probation measures, which are unfortunately used extensively against journalists and others using their right to freedom of expression. These are very rare rulings, and they also set a precedent.

Barış Altintas Co-Director of MLSA

These judgments on the cases brought by MLSA Legal Unit are expected to have long-standing implications, potentially providing a legal avenue for hundreds of journalists to challenge travel bans imposed during criminal investigations.

Since 2021, MLSA has provided legal support to journalists with the support of the Fund, established in 2019 within the framework of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity. The Global Media Defence Fund has supported over 120 projects globally, directly benefiting more than 5,000 journalists, 1,500 lawyers and 200 non-governmental organizations. 

One of the key actions of the Fund is to ensure journalists’ rapid access to legal assistance, bolster their defense and enhance their safety, taking into account the gendered-specific nature of threats against them. For further examples of legal assistance supported under the fund, please refer to the news stories available on its website.