Ilıcak v. Turkey (No. 2), No. 1210/17, ECtHR (Second Section), 14 December 2021

Pre-trial detention of a journalist, who was taken into custody following the failed military coup attempt of 15 July 2016 in Turkey.

Art. 5 ECHR
Art. 10 ECHR

1. The fact that a journalist is working for a media outlet (which is completely legal) cannot in itself, without taking into account the nature of her writings and activities, be equated with membership of a terrorist organisation.

2. Those facts which could not be distinguished from the legitimate activities of an investigative journalist or a political opponent, thus falling within the scope of freedom of expression and freedom of the press, cannot be regarded as relevant to a finding that there were plausible grounds for suspecting the applicant of belonging to a terrorist organisation or of attempting to overthrow the constitutional order.
(In the present case, concerning the pre-trial detention of a journalist suspected of being a member of a terrorist organisation and/or of having participated in the attempted coup of July 2016 in Turkey, the European Court found that there has been a violation of art. 5§1 and art. 10 ECHR).