Turkey's Constitutional Court released Wednesday its detailed ruling on the acquittal of journalists Can Dündar and Erdem Gül, who were arrested for charges of espionage and membership to a terrorist organization.
The detailed ruling stated that the charges on Dündar and Gül were brought over the publication of the related news and a measure like an arrest cannot be considered proportionate for their actions.
The ruling stated the news that led to charges were published approximately six months earlier than their arrest, and the reasoning for Dündar and Gül's custodies cannot be understood from the detailed ruling of arrest decision.
Noting that the news articles were cited as the only evidence for the arrest decision, the detailed ruling said that it is the Constitutional Court's duty to detect whether restriction of rights and freedoms are proportionate in accordance with the Article 13 of the constitution.
The court ruled Dündar and Gül's fundamental rights and freedoms, freedom of expression and press, were violated by 12 members voting for and three members against it, while the corut ruled unanimously that Dündar and Gül's claims are acceptable to be overseen by the court.
Cumhuriyet's daily's former editor-in-chief Dündar and former Ankara bureau chief Gül were released on Feb. 26 after 92 days of arrest.
Two journalists are still being tried for illegally obtaining and publishing footage and documents containing state secrets in the case known as the MİT (National Intelligence Organization) trucks case.
In Jan. 2014, trucks belonging to MİT en route to Syria were halted and searched by police and gendarmerie officers in southern Hatay province through the order of a prosecutor allegedly linked to the Gülen Movement, which is being probed for establishing a terror organization to extend their powers and topple the government.
The operation was deemed illegal for the prosecutor exceeding its powers, while the government later acknowledged that the operation was carried out by the Gülenist Terror Organizaton (FETÖ) to reduce its credibility in international arena.
Dündar and Gül are widely believed to have provided the footage and documents from FETÖ.
Following the court's release decision, President Recep Tayyip Erdoğan had harshly criticized the ruling by saying that he "does not abide, nor respect" it.
Various government officials, including Prime Minister Ahmet Davutoğlu, said that the court's decision interferes with the ongoing trial process.
Justice Minister Bekir Bozdağ said that the court's ruling was a violation of the constitution as the detailed ruling was not announced alongside of the ruling.
