Turkey's Council of State has concluded that the Presidency's Communications Directorate is not authorised to decide who will be given a press card or under what circumstances the press card is to be cancelled.
This statement was originally published on bianet.org on 20 December 2021.
The Council of State has halted the execution of the regulation on Press Cards: “The authority of the Communications Directorate is limited to giving press cards. It is not authorized to decide who will be given the card or when it is to be cancelled.”
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Turkey’s Council of State has halted the execution of the Press Card Regulation, upon an appeal by professional organizations.
The high court has concluded that the authority of the Presidency’s Communications Directorate is limited to giving press cards, and that the Directorate is not authorized to decide who will be given the press card, or under what circumstances the press card is to be cancelled.
After the Council of State’s Plenary Session of Administrative Law Chambers halted the execution of several articles of the Press Card Regulation on November 4, 2020, the regulation was amended again on May 20, 2021. The Journalists’ Union of Turkey (TGS), the Journalists’ Association and the Photojournalists’ Association of Turkey took legal action against the measure as well.
‘Directorate is not authorized to cancel it’
The 10th Chamber of the Council of State has ruled that the execution of the amended Press Card Regulation shall be suspended on the grounds that its execution will lead to irreversible damages.
The ruling has been handed down by a majority of votes. While three members of the court board have ruled for halting the execution of the regulation, Presiding Judge of the Council of State’s 10th Chamber Yılmaz Akçil and member of the board Hamdi Şenler have voted against it.
The ruling recalled that the Statutory Decree no. 14 on the Organization of the Communications Directorate has authorized the Presidency’s Communications Directorate to only issue press cards, while it foresees no authority on the part of the Directorate to decide who will be given the press cards or under what circumstances press cards are to be cancelled.
Referring to Article 13 and Article 26/4 of the Constitution, the ruling has underlined that these two points shall be regulated by law.
Accordingly, the 10th Chamber of the Council of State has concluded that the Article 3/1 of the Press Card Regulation is against the law and that its continued execution will lead to irreversible damages considering that it is about fundamental rights and freedoms.
As halting the execution of this article will completely deprive the entire Regulation of a basis, the Council of State has ruled that the execution of all its articles and provisions in dispute shall be halted.
‘It directly concerns rights and freedoms’
In its justification about the quality of press cards, the 10th Chamber of the Council of State has briefly stated the following:
“With a press card, press workers can easily practice their profession by offering an accredited card to the units and officials of public institutions and organizations, which are their news sources, they can enter-leave the events pertaining to the related units and news sources, they can have privileges about their employee personal rights, they can have specially stamped passports, they can have press traffic cards and they can use this card as proof while following up public incidents.”
When the nature of the press card is considered, it is seen that the use of this card is directly related to fundamental rights and freedoms, such as freedom of the press, freedom to express and spread opinions, and the right and duty of labor.
What happened?
Press cards used to be granted in Turkey by the Prime Ministry’s Directorate General of Press and Information, in other words by the state. After Turkey adopted the Presidential Government System, this authority was transferred to the Presidency’s Communications Directorate.
The Press Card Regulation was amended on December 14, 2018, which marked the 14th regulation drafted since 1947.
The color of the press cards was changed from yellow to turquoise. Yellow press cards were cancelled. The holders of yellow press cards were asked to submit an application again. However, hundreds of journalists who had had press cards were not given the new press cards. The Communications Directorate cancelled or suspended the press cards on various grounds.
In the meantime, the Progressive Journalists’ Association applied to the Council of State in February 2019 and demanded that six articles of the Press Card Regulation, in breach of the Constitution and laws, be annulled and their execution be halted. The related articles were against freedom of the press and expression and overstepped the authorities granted by law.
The Council of State’s Plenary Session of Administrative Law Chambers annulled the authority of the Presidency’s Communications Directorate to cancel the press cards and permanent press cards on such grounds as “acting in such a way to undermine the press professional honor”, “acting against national security or public order”, and “doing them habitually.”
The related Council of State ruling noted that the regulation in question would keep journalists under pressure and raise concerns. It halted the execution of the Press Card Regulation, by underlining that the basic principles that also contained the conditions for holding a press card should be arranged in such a way that this right would not be arbitrarily interfered with.
Following this decision, a new regulation was published in the Official Gazette on May 20, 2021. Signed by President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan, this new regulation was almost the exact same as the one issued in 2018.
Professional journalism and labor organizations, namely the Progressive Journalists; Association, DİSK Press Union, Journalists’ Union of Turkey, Journalists’ Association and Photojournalists’ Association of Turkey, took legal action against the Press Card Regulation again.
