The legal victory of the Milli Gazete

The legal victory of the Milli Gazete
Date: 8.1.2022 14:50

Our news about the agricultural sector has been registered by the highest court!

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The Constitutional Court made an important decision regarding the blocked news, including the headlines of the Milli Gazete. The Constitutional Court decided to violate the access ban decisions regarding the news of the unlawful general manager of Agricultural Credit Cooperatives and the "adultered general manager" assigned to Agricultural Credit Markets, and sent the decision back to the relevant courts for the removal of the access block to the news. This decision of the Constitutional Court will set a precedent for the 53 news articles of the Milli Gazete that have been blocked collectively.
 

THE UNLAWFUL GENERAL MANAGER IS CORNERED! 

 
While Agricultural Credit Cooperatives were being ruled unlawfully for 4 years, this lawlessness was covered up by Fahrettin Poyraz and the government and public were misled. 
 
The Constitutional Court's decision to violate the access ban given to the ‘unlawful general manager’ news went down in history as a legal victory for the Milli Gazete, and it was also registered by the Constitutional Court that Turkey's most important farmer's organization was managed unlawfully. It is wondered how the government will take action against the unlawful general manager after the decision of the Constitutional Court.
 
The historical decision of the Constitutional Court is made on the news of the Milli Gazete. 
 
Freedom of the press was decided by the Constitutional Court against the access ban decisions brought to the news about the agricultural sector, particularly the news of ‘illegal general manager’ in Agricultural Credit Cooperatives and ‘abandoned general manager in Agricultural Credit Markets, which was brought to the agenda of Turkey with the headlines of the Milli Gazete. A historic decision is signed.
 

SLAP LIKE DECISION FROM CONSTITUTIONAL COURT FOR UNLAWFUL GENERAL MANAGER 

 
While the Agricultural Credit Cooperatives, the most important farmer organization of Turkey, have been ruled unlawfully for 4 years, the news brought to the agenda by the Milli Gazete against this lawlessness were tried to be silenced. With its pilot decision, the Constitutional Court decided to violate the access ban decisions, including the headline news in the Milli Gazete, and sent them back to the relevant courts for reconsideration. In the pilot decision of the Constitutional Court, the news about the illegal general manager in Agricultural Credit Cooperatives and the news about the adulterous general manager appointed to head the Agricultural Credit Markets, which President Erdoğan attaches great importance, drew attention. The Constitutional Court evaluated 9 different applications related to access barriers together and made a pilot decision. It was noteworthy that among the applications made, the news about the agriculture sector, which was brought to the agenda of Turkey by the Milli Gazete, took a large place. Evaluating the applications made in terms of freedom of expression and press, the General Assembly of the Constitutional Court unanimously decided that the freedom of press and expression were violated in the access ban decisions and that this should be implemented as a pilot decision, and decided to pay compensation to the broadcasting organizations that applied.
 

MILLI GAZETE’S FIGHT AGAINST UNLAWFUL DECISIONS CONTINUES 

 
Upon the application of the Agricultural Credit Cooperatives, the decision to block access to 53 news articles of the Milli Gazete was brought together with 4 separate decisions. The rules of law were so violated in the collective access ban decisions that even the editorial of Milli Gazete Editor-in-Chief Mustafa Kurdaş, entitled ‘Haberciyle hasbihal’, which did not contain any insults or slander, was decided to block access. While Millî Gazete was fighting all kinds of legal struggles against the access ban decisions taken by certain judgeships at the request of the unlawful General Manager Fahrettin Poyraz, it brought the violation of rights here to the Constitutional Court. While decisions to block access to the news of the Milli Gazete were taken collectively, it was stated that Poyraz was insulted and slandered. The fact that he could not file a lawsuit in any way regarding the contents of the 53 news stories, for which he made a decision taken to block access, revealed what was intended with the access ban decisions.
 

CONSTITUTIONAL COURT SENDS THE DECISION TO THE MINISTRY OF JUSTICE 

 
While the Constitutional Court sent its decision of violation to the courts with access barriers for the elimination of the violation, it requested the Ministry of Justice to make the necessary amendments in the relevant law. In the justification of the decision, it was stated that according to the Constitution, the public has the right to receive information, that the decision to block access interferes with the right to impart information and ideas, and the right of the public to receive information and opinions. It was stated that no explanation was given in the decision of access ban, that was the decision of the magistrates’ courts, how ‘the dignity and honour of Poyraz is damaged’. In the decision, it’s stated that, decisions of the magistrates’ courts ‘consists of only one sentence, and objections to these decisions are rejected with justifications consisting of only one sentence’. In the reasoned decision, which stated that the press was not included in the process of taking the aforementioned decisions, necessary amendments were made to the related law in terms of freedom of press and freedom of expression is ruled. The Constitutional Court stated that if the necessary changes in the relevant law are not made within 1 year, all applications made against access ban decisions will be given a decision of violation. While this pilot decision of the Constitutional Court was closely related to the 53 news items of the Milli Gazete, which had been blocked collectively, the removal of the access barriers on these news came to the fore with the pilot decision. 
 

VIOLATION DECISION HAS BEEN GIVEN ABOUT THE NEWS OF ‘THE ADULTERED GENERAL MANAGER’ 

 
Among the news that the Constitutional Court gave a violation decision, there was also the news of the adulterous general manager appointed to Agricultural Credit Markets, which President Erdoğan attaches great importance to. 
 
As it is known, he was appointed as the general manager of the company partner to Agricultural Credit Markets, which was disclosed 15 times by the Ministry of Agriculture due to fraudulent food production. Fahrettin Poyraz, in the scandal of the adulterous general manager brought to Turkey's agenda by the Milli Gazete, he made decision taken to block access to the news and protected the adulterous general manager. In the pilot decision of the Constitutional Court, it is seen as a legal victory for the Milli Gazete that the decision to block access to the adulterated general manager news was also violated.
 

YEREL HABERLER

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