In practice the question covers two different things: is the publication being seized, or the equipment? The Constitution governs the two in separate articles and the answers differ.
The Equipment: Art. 30 - As a Rule, No
Article 30 (Amended: 7/5/2004-5170/4) - A printing house and its annexes and press equipment established as a press enterprise in conformity with the law may not be confiscated or forfeited, or barred from operation, on the ground that they are instruments of an offence.
| Element | Provision |
|---|---|
| What is protected | The printing house, its annexes and press equipment |
| The condition | Having been established as a press enterprise in conformity with the law |
| The prohibited ground | The ground that they are instruments of an offence |
| The prohibited measures | Confiscation, forfeiture and barring from operation |
The Publication: Art. 28 - Conditionally, Yes
Art. 28 governs three separate measures directed at the publication itself:
| Measure | Who decides? | Review |
|---|---|---|
| Preventing distribution (Art. 28/5) | A judge; where delay is prejudicial, the authority expressly empowered by law | 24-hour notification, 48-hour approval - void if not approved |
| Seizure (Art. 28/7) | A judge where an investigation/prosecution has begun; the competent authority where delay is prejudicial on five grounds | 24-hour notification, 48-hour approval - void if not approved |
| Confiscation and forfeiture (Art. 28/7, last) | The general provisions apply - on account of the investigation or prosecution of an offence | According to the general provisions |
The Five Grounds for Seizure
In Art. 28/7, seizure by the order of the competent authority in cases where delay is prejudicial is limited to five grounds:
- Safeguarding the indivisible integrity of the State with its territory and nation
- Safeguarding national security
- Safeguarding public order
- Safeguarding public morals
- Preventing offences
Separating the Two Regimes
How Does the 24/48-Hour Rule Work?
| Step | Who | Period |
|---|---|---|
| 1 | The competent authority gives an order preventing distribution or a seizure order | - |
| 2 | The authority notifies its decision to the competent judge | Within 24 hours |
| 3 | The judge approves the decision | Within 48 hours |
| 4 | If not approved the decision is deemed void | Of its own accord |
Closure: Only on Conviction
Art. 28/8: periodicals published in Turkey may be temporarily closed by court decision where they are convicted of publications contrary to the indivisible integrity of the State with its territory and nation, to the fundamental principles of the Republic, to national security and to public morals. Any publication clearly bearing the character of a continuation of the closed periodical is prohibited; such publications are seized by a judge's decision.
A Practical Checklist
- Has the enterprise been established in conformity with the law and has its declaration been submitted?
- Is the seizure directed at the publication or at the equipment?
- If at the equipment: is the ground "an instrument of an offence"? If so, Art. 30 comes into play.
- If at the publication: is there a judge's decision?
- If it is the order of the competent authority: was it notified to the judge within 24 hours?
- Was it approved within 48 hours?
We cover the declaration and imprint obligations in the starting a publication guide, and the texts of the articles in the Art. 30 guide and the Art. 28 guide.
Summary
A printing house, its annexes and press equipment established as a press enterprise in conformity with the law may not be seized on the ground that they are instruments of an offence (Art. 30). Preventing distribution and seizure in respect of the publication itself are, however, possible; but they are done by a judge's decision or by the order of the authority expressly empowered by law, and are deemed void if not notified to the judge within 24 hours and approved within 48 hours. Temporary closure is possible only in the event of conviction and by court decision.