Published on 21 July 2025
SECOND SECTION
Applications nos. 13539/24 and 13540/24
Kasım ZENGİN against Türkiye
and İhsan YAŞAR against Türkiye
lodged on 7 May 2024 and 7 May 2024 respectively
communicated on 3 July 2025
SUBJECT MATTER OF THE CASE
The applications concern the appointment of the Savings Deposit Insurance Fund (Tasarruf Mevduatı Sigorta Fonu – hereinafter “the Fund”), as a trustee for two companies mainly on the grounds that a daily newspaper published under their responsibility was considered to systematically and uninterruptedly disseminate propaganda in favour of the PKK (Workers’ Party of Kurdistan, an armed terrorist organisation) / KCK (“Kurdistan Communities Union”).
Application no. 13539/24 was introduced by Kasım Zengin, the sole shareholder of Gün Matbaacılık Reklam Film Basın Yayın Tanıtım Sanayi Ticaret Limited Şirketi (hereinafter “Gün Publishing House”). Gün Publishing House is the publisher of Özgürlükçü Demokrasi, a daily newspaper published on a national scale.
Application no. 13540/24 was introduced by İhsan Yaşar, the sole shareholder of Engin Basın Yayın Sanayi Ticaret Limited Şirketi (hereinafter “Engin Publishing House”). Engin Publishing House is the owner and distributor of Özgürlükçü Demokrasi.
The Istanbul Chief Public Prosecutor’s Office conducted ex officio investigations against numerous persons who had responsibilities in the publication of Özgürlükçü Demokrasi, including the applicants, on suspicion that the newspaper had been acting as the media organ of the PKK.
During the investigations, the Prosecutor examined the issues of the newspaper published between January and March 2018 during the Turkish Armed Forces’ military operations in the Afrin District of northwest Syria, commonly referred to as Operation Olive Branch. According to the Prosecutor, these issues of the newspaper contained news praising the PYD (Democratic Union Party) – YPG (the Kurdish People’s Defence Units movement), which was considered to be the Syrian branch of the PKK by the Turkish authorities, and glorifying their activities.
These news involved, for example, an article entitled “We will convert the olive branch to poisonous oleander (Zeytin dalını zakkum zehrine çevireceğiz)”; statements directed at the Turkish Armed Forces such as “[Let you be] sunk into a swamp (bataklığın içine gömülürsünüz)”; statements describing the activities of the PYD – YPG as “resistance of the age (çağın direnişi)”, “the epopee of sacrificial fighting (fedaice savaşmanın destanı)”, “glorious stance, the glory of victory, the resistance of victory (görkemli duruş, zaferin müjdesi, zafer direnişi)”; statements describing the deceased members of the PYD – YPG as “martyrs”; a photo showing a suicide assailant member of the YPJ (Women’s Protection Units) and describing her attack as an “act of sacrifice” (“fedai eylem”); photos of PYD – YPG members carrying rockets and guns; and photos of persons carrying photographs of Abdullah Öcalan or emblems of the PYD – YPG.
Accordingly, the Istanbul Public Prosecutor’s Office requested the Istanbul 7th Magistrate’s Court to appoint a trustee for Gün Publishing House and Engin Publishing House.
On 26 March 2018 the Istanbul 7th Magistrate’s Court accepted the request and decided to appoint the Fund as a trustee for Gün Publishing House and Engin Publishing House in accordance with Article 19(2) of Emergency Decree Law no. 674 and Article 133 of Law no. 5271 on the Code of Criminal Procedure. Furthermore, the court also ordered the seizure of the companies’ shareholdings in accordance with Articles 128 and 133 of Law no. 5271 and Article 3 of Law no. 6755 on the adoption of the amendments of the Decree Law on measures to be taken as part of the state of emergency and arrangements made concerning certain institutions and organisations.
The court stated, inter alia, that Özgürlükçü Demokrasi had been making terrorist propaganda by reporting distorted news in a systematic and uninterrupted manner.
On 2 May 2018 and 10 May 2018 respectively, the Istanbul 8th Magistrate’s Court rejected the applicants’ objections against the Istanbul 7th Magistrate’s Court’s decisions.
On 16 November 2023 the Turkish Constitutional Court declared the applicants’ complaints about a breach of their right to property and their freedom of expression inadmissible for being manifestly ill-founded.
Relying on Article 10 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complain about the appointment of the Fund as a trustee for the companies and the seizure of their shareholdings.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ right to freedom of expression, in particular with their right to impart information and ideas, contrary to Article 10 of the Convention, by the appointment of the Savings Deposit Insurance Fund as a trustee for two companies of which the applicants were the sole shareholder respectively and the seizure of their shareholdings (see, mutatis mutandis, Roj TV A/S v. Denmark (dec.), no. 24683/14, §§ 26-48, 17 April 2018)?
If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 (see Özgür Gündem v. Turkey, no. 23144/93, §§ 54-71, ECHR 2000-III; see also, mutatis mutandis, NIT S.R.L. v. the Republic of Moldova [GC], no. 28470/12, §§ 177-96, 5 April 2022)?
2. Has there been an interference with the applicant’s peaceful enjoyment of possessions by the appointment of the Savings Deposit Insurance Fund as a trustee for two companies of which the applicants were the sole shareholder respectively and by the seizure of their shareholdings, within the meaning of Article 1 of Protocol No. 1 to the Convention (compare Lachikhina v. Russia, no. 38783/07, § 58, 10 October 2017)?
If so, was the interference prescribed by law and proportionate to the legitimate aim pursued (see Uzan and Others v. Turkey, nos. 19620/05 and 3 others, § 203, 5 March 2019, and Karahasanoğlu v. Turkey, nos. 21392/08 and 2 others, §§ 145-152, 16 March 2021)?