Alikan Uludag, a longtime correspondent for DW in Türkiye, has been in pre-trial detention since February 20. The proceedings against him have dragged on for several weeks – partly due to structural problems in the Turkish judicial system.
Uludag has been charged with three criminal offences: “Publicly insulting the President,” “Publicly disseminating misleading information,” and “Publicly defaming state institutions.” If found guilty, he faces up to 19 years in prison.
The actual hearing has not even started yet. Although Uludag lives in the Turkish capital Ankara, the case against him was opened in Istanbul, Türkiye’s largest city, where he was arrested. Under Turkish law, jurisdiction over a case generally falls to the prosecutor’s office and the court having jurisdiction where the crime is alleged to have been committed.
But Uludağ’s lawyers raised questions from the beginning and have now been partially vindicated. An Istanbul court ruled it did not have jurisdiction over the case and referred it to an Ankara court. Yet, at the same time he has accepted the allegations and ordered an investigation. The defense’s argument is completely contradictory.
violation of fundamental rights
It remains to be seen which court will hear the case. Meanwhile, Uludag remains in custody, even though his case has not been assigned to any court.
Uludağ’s lawyers have filed an appeal with Turkey’s Constitutional Court, arguing that their client’s fundamental rights, including the right to personal liberty and a fair trial, have been violated. They also argue that their freedom of expression and freedom of the press have been violated.
Despite the current state of the rule of law in Turkey, one of Uludağ’s lawyers, Abbas Yalcin, is hopeful: “If our appeal is accepted, Alikan will be released immediately. If it is rejected, the file will be sent to Ankara. In that case, we will file a motion for his release. We hope that at the latest court first hearing he will be released,” he told DW.
Uludağ has worked as a court reporter for 18 years and covered numerous political trials. His lawyers argue that he has been arrested only because of his journalism and critical stance, and not for any crime. He says that there is no legal justification for his detention.
They also claim that the case does not meet the criteria for pre-trial detention, saying there is no risk of Uludağ escaping or tampering with evidence. They say he has always cooperated with authorities in the past.
Journalists targeted as deterrent
The lawyers said that they did not receive any summons but were arrested on the basis of social media posts. They say that even if convicted, he is unlikely to receive a prison sentence and therefore the pre-trial detention he is currently in is disproportionate.
The case centers on social media posts and journalism containing comments critical of Turkish President Recep Tayyip Erdogan, as well as a profile of Turkey’s new Justice Minister Akin Gürlek, which was published by DW.
Uludağ’s lawyers cite case law of the European Court of Human Rights (ECHR), which has established that laws criminalizing insults against political leaders should not be misused to criminalize political criticism.
He also accused Turkish judges of ignoring ECHR rulings that public officials must endure a higher level of criticism than private citizens and that sanctions are only acceptable under strict conditions.
Reporters Without Borders and other NGOs that defend freedom of the press see Uludag’s case as part of a broader pattern. He says investigations against journalists have a deterrent effect and argues that there are structural problems in the Turkish judicial system.
“The whole process could be seen as intimidation,” said Yalcin, one of Uludag’s lawyers. “You can be arrested and detained merely for your journalistic work. This undermines fundamental rights.”
Uludag is one of several journalists currently detained in Türkiye. Just a few days ago, a reporter named Ismail Ari, who works for the national, left-leaning daily birgun and considered a critic of the government, was also arrested on similar charges.
Last month, many protesters took to the streets of Ankara and Istanbul to demonstrate for press freedom – with police breaking up the demonstrations.
This article was originally published in German.