European Court of Human Rights is failing Turkey’s endangered freedom of expression

[vc_row][vc_column][vc_single_image image=”81952″ img_size=”full” alignment=”center”][vc_column_text]While the scale of Turkey’s crackdown on freedom of expression in the post-coup-attempt emergency rule era has been intense, the assault on dissenting voices predated the failed putsch.

Whether it they were Kurdish writers at the turn of the decade, or worked for Feza Publications just months before the night elements of the military betrayed their fellow Turks, journalists that offered alternative viewpoints were long in president Recep Tayyip Erdogan’s crosshairs.

In the case of Feza’s popular publications — among them Zaman and the English-language Zaman Daily — which had been raided and its employees arrested on several occasions since 2014 as the shakey rule of law eroded in Turkey. In a March 2016 move that was condemned internationally, Feza Publications was targeted with the imposition of government-appointed trustees. This resulted in the termination of hundreds of media professionals from journalists to advertising reps and the literally overnight change from independent and critical outlets to government propaganda sheets.

An appeal on the takeover of Feza was made to the European Court of Human Rights to address a clear violation of the right to freedom of expression, among others. Yet the application was rejected on what was seen as questionable grounds, becoming one of the many disappointing decisions taken by the international court.

Takeover

The assault on Feza Publications was ordered by the Istanbul 6th Criminal Court of the Peace on Friday 4 March 2016. By nightfall, the police had raided the Zaman newspaper office, using tear gas and water cannons on the protestors outside. The Saturday edition of Zaman was the last version of a free newspaper. The front page headline declared “the constitution suspended” and noted that Turkish press had seen one of its “darkest days”. The Sunday edition, under new ownership, was a disconcerting contrast. The front page showed a smiling president Erdogan holding hands with an elderly woman, coupled with an announcement that was he hosting a Women’s Day event. The main headline was “Historic excitement about the bridge”, a reference to a  span being built across the Bosphorus with state funding.

Newly appointed government trustees immediately interfered with editorial decisions. A staff member commented that: “Before the takeover, our deadline was 7:30pm. The trustees moved that deadline to 4:30pm, and in the remaining three hours they censored and changed the paper to fit their new ‘line’.” The new management had also banned staff access to the newspapers’ archives.

The police who had raided the office on the Friday, stayed on to check staff IDs and prevent groups of three or more from assembling. Hundreds of Feza Publications employees were then dismissed under Article 25 of the Turkish labour law which lays out that contracts can be annulled without prior notice if an employee displays “immoral, dishonourable or malicious conduct”. Those dismissed have recounted how they received a generic letter which gave no explanation the accusations.

Considered enemies of the state, former Feza Publications employees found it difficult to obtain new jobs. They were left to survive on little to no income; Article 25 outlines that those dismissed are not eligible for redundancy packages or other compensation  And recruiters were right to be weary; four-and-a-half months after the takeover, the July 16th coup attempt occurred, and purges began on a massive scale. Thousands of journalists were dismissed, and dozens were detained on terrorism-related charges. Feza Publications, already marked as Gulen-linked and thus terrorist – without the presumption of innocence – during the takeover, was a prime target. Thirty-one Zaman employees are currently standing trial, with nine, including Şahin Alpay, facing life sentences. In January 2018, Turkey’s constitutional court ordered that Şahin Alpay, alongside journalist Mehmet Altan, be released from pre-trial detention.

After the lower courts refused to comply, the ECtHR ruled that their detention was unlawful and that they should each be compensated €21,500.

The other journalists, unable to garner the same international support, have remained in pre-trial detention. Zaman’s Ankara chief Mustafa Ünal, arrested purely because of his newspaper columns and facing the same circumstances as Alpay, has also applied to the ECtHR. But his application was rejected, and after almost two years behind bars he expresses in despair “my scream for justice has faded away in a bottomless pit”. He is not alone, with the ECtHR and international community doing little in light of the Feza Publications debacle and abolishment of the freedom of expression in Turkey.

Appeal to the ECtHR

The Feza Publications takeover and ensuing rights violations, on top of individual pleas for justice, has led to appeals for the entity itself. Two shareholders of Feza Gazetecİlİk A.Ş. (the Feza stock company) took the matter of government-appointed trustees to the Turkish constitutional court. When this appeal failed, they applied to the ECtHR regarding violations of: Article 10, right to freedom of expression; Protocol Article 1, right to property; Article 7 and 6.2, no punishment without law and presumption of innocence; and Article 8, respect for private and family life. Dated 29 July 2016, the application was rejected by ECtHR Judge Nebojsa Vucinic on 14 December 2017 with reference to the Köksal v. Turkey decision.

The decision is reference to a case surrounding  Gökhan Köksal, a teacher and one of over 150,000 dismissed from their jobs after the coup attempt. The ECtHR had rejected his appeal on the basis that he must first apply to the Turkish State of Emergency Commission, i.e., first exhaust all domestic avenues. The Köksal decision was problematic. The State of Emergency Commission was established in January 2017 for appeals against dismissals and closures assumed under the state of emergency imposed since 20 July 2016. To date, the Commission has only approved 310 out of 10,010 finalised cases, a 3% success rate. There are almost 100,000 cases still under examination. Many consider the mechanism to be inefficient, and its impartiality questionable. It should not be considered a reliable domestic avenue. Reference to the State of Emergency Commission in relation to Feza Publications poses a further problem; the appointment of government trustees occurred four-and-a-half months before the state of emergency was implemented.

The ECtHR decision is completely inadequate. Although some Feza employees were dismissed under state of emergency decrees, other dismissals and violations pertaining to the Human Rights Convention commenced well before. Although all Feza media outlets (Zaman and Zaman Daily, the Cihan News Agency, Aksiyon magazine, and the Zaman Kitap publishing house) were closed via emergency decree in July 2016, Feza shareholders are not entitled to apply to the State of Emergency Commission. Only persons in charge of the legal entities or institutions at the time of closure – by that point, the government appointed trustees – have the right to apply. Such a situation is implausible, leaving the ECtHR as the only option. Besides, it has been shown that regardless, neither the State of Emergency Commission nor the Turkish judicial system should be considered viable domestic avenues to appeal rights violations.

This ECtHR decision, one in a long line of disappointing rulings for Turkish victims, is seriously flawed. The ECtHR must reconsider the Feza Publications application, alongside those such as Köksal v. Turkey which only pave the way for future rejections. Without adequate ECtHR rulings there is little hope for the upholding of human rights, such as freedom of expression, in Turkey.

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Turkey reporter stayed one step ahead of crackdown

[vc_row][vc_column][vc_column_text]This article is part of Index on Censorship partner Global Journalist’s Project Exile series, which has published interviews with exiled journalists from around the world.[/vc_column_text][vc_single_image image=”97954″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]In hindsight, there were many clues that President Recep Tayyip Erdogan’s government was making preparations to eliminate Turkey’s independent media even before it launched a massive crackdown in July 2016. But perhaps the biggest tip-off was the March 2016 police raid and seizure of Zaman, Turkey’s largest daily newspaper.

At the time, Abdullah Bozkurt was bureau chief in the capital Ankara for the paper’s English-language edition, Today’s Zaman. On March 4 of that year, Bozkurt found himself struggling to put out the newspaper’s final edition – even as he watched on live television as police in riot gear fired tear gas and water cannons on protesters and stormed Zaman’s headquarters 220 miles (350 km) to the west in Istanbul.

Shortly before court-appointed trustees seized control of the newspaper’s computer system, Bozkurt wrote the headline for the last cover of Today’s Zaman. “Shameful Day for Free Press in Turkey,” it read. “Zaman Media Group Seized.”

Zaman had been in Erdogan’s crosshairs for some time for its sympathies with the Gülen movement, an opposition group affiliated with a U.S.-based Islamic cleric that Erdogan has branded a “terrorist” organization. It had particularly angered the government for its aggressive coverage of a 2013 corruption investigation that led to the arrests of three sons of ministers in  then-prime minister Erdogan’s government, Bozkurt says.

“Initially, they started calling in public rallies [for people] not to purchase our newspaper,” says Bozkurt, in an interview with Global Journalist. “Amazingly, at the time our circulation went up because we were one of the few media outlets in Turkey that were still covering the corruption investigation…later they started putting pressure on advertisers. That didn’t work out either because our circulation was quite high.”

After Zaman’s closure, Bozkurt briefly opened his own news agency. A few weeks later, on July 15, 2016, a faction of the military attempted to overthrow Erdogan. The coup was put down in a matter of hours. But in its aftermath, Erdogan unleashed a nationwide purge.

Over 100,000 government workers were fired and 47,000 people were jailed on suspicion of terrorism, according to a tally by Human Rights Watch. An additional 150 journalists and media workers were also jailed, giving Turkey the highest number of jailed journalists in the world. Many others fled the country.

Bozkurt was among those who chose to flee rather than face arrest. Ten days after the failed coup, he left for Sweden. The day after he left, the offices of his fledgling news agency were raided by police. Police later searched the home of Bozkurt’s 79-year-old mother and detained her for a day. Bozkurt’s wife and three children later followed him.

In Sweden, Bozkurt received threats via social media and a Wild West-style ‘wanted photo’ of him was published by pro-Erdogan newspapers and the state-run news agency. The government has brought anti-state charges against 30 of his former Zaman colleagues, seeking as much as three life sentences in jail.

Bozkurt, 47, now writes regular columns for the news site Turkishminute.com and works at the Stockholm Center for Freedom, a rights group focused on Turkey. He spoke with Global Journalist’s Denitsa Tsekova about his last weeks in Turkey and his exile. Below, an edited version of their interview:

Bozkurt: I was based in the capital, Ankara, but our newspaper’s headquarters was in Istanbul. The storming of our newspaper happened in Istanbul, we were watching on TV. We were on the phone talking to our colleagues in Istanbul, trying to find what’s going on, what we can do. The police were coming into our Istanbul’s newsrooms, ransacking the place, and shutting the internet service. It was up to me and my colleagues in the Ankara office to write the stories. We were actually printing the last edition of Zaman from Ankara. I was the one who drew the headline in the English edition and we managed to get out the last free edition. In the Turkish edition, we managed to finish and print the first one, but the second and the third edition couldn’t make it to the printing place. It was interrupted by the police and the government caretakers who took over the company.

GJ: There were protests after the closure of Zaman. What happened?

Bozkurt: It was on the day when the takeover judgment by the court was publicized. We didn’t call our readers to come and protest.

We knew it might be very dangerous because the government uses very harsh measures often rubber bullets, pepper spray and pressurized water against peaceful protesters. We didn’t want to put them on the risk.

Around 400 people showed up and they were beaten and targeted brutally by the police who stormed the building.

GJ: What was the last article you wrote for Today’s Zaman?

Bozkurt: It was about prisons. When I wrote that article I didn’t know the government was taking over the company, it was written a day before.

I talked to many people in the government and some from the European Committee for the Prevention of Torture. Something was very, very off because the government planned to build a lot of prisons in Turkey under the disguise of a modernization plan.

However, when you look at the numbers, it didn’t really match. We didn’t need that many new prisons in Turkey, but the government was making a projection that the prison population would increase.

When the European officials asked the justice ministry on what basis were they making this projection, they did not have a response.

In hindsight, I could understand it was because they were preparing a new mass prosecution in Turkey and they needed more prisons to put these people away. Even the prisons we have now are not enough; people are living in very crowded cells. After the coup, the government even granted amnesty for some 40,000 convicted felons… just to make space for the political prisoners and journalists.

GJ: How did you decide to leave?

Bozkurt: I actually hung around for a while after the failed coup, because I thought eventually things will settle down, and I wasn’t planning to move out of Turkey at all.

[Ten days] after the coup, the government issued an arrest warrant against 42 journalists on a single day. I realized this is going to get worse, and I said it’s time for me to move out of Turkey.

It was a rash decision, I didn’t even know to which country I would go, so I had to go to Germany first and then to Sweden.

My mother was getting old, she has some health issues and I wanted to be there for her. But it wasn’t up to me. Sweden was a stopover for me, I wasn’t planning on staying permanently.

The day after I left Turkey, the police raided my office in Ankara, so it was the right decision. If I was there I would have been detained and dragged to jail.

GJ: Were you getting threats?

Bozkurt:  I was getting threats all the time. If you are a critical and independent journalist, you will get them. That’s the price you pay for it. Sometimes you try to be vigilant, you try to be careful and you just ignore that kind of threats or pressure from the government or pro-government circles.

But after the massive crackdown after the coup attempt, I thought it’s no longer safe for me. I moved out alone, I didn’t even take my family, because I thought they will stay in Turkey and I can hang around abroad and then come back to Turkey. That was my plan.

After a while, the Turkish government started going after the family members of the journalists. Bülent Korucu was a chief editor of a national daily [Yarına Bakıs], which was also shut down by the government, and he was facing an arrest warrant. The police couldn’t find him and they arrested his wife, Hacer Korucu. She stayed in prison for a month on account of her husband. At that moment, I thought my family is no longer safe either, so I decided to extract them out of the country.

GJ: Was your family directly threatened?

Bozkurt: When I moved out of Turkey I kept writing about what’s going on in Turkey. I guess they felt uncomfortable with my writings.

It was part of the intimidation campaign to go after family members, including my mother. She is a 79-year-old, she lives alone but sometimes my sister helps her out. Police raided her home in my hometown of Bandirma in December 2016, searched the house and placed her in detention for a day. She was questioned about me.

Why does she deserve that? They want me to shut up, to be silent even though I feel safe abroad.

GJ: What will happen if you go back to Turkey?

Bozkurt: Of course I will get arrested. They even posted a “wanted” picture of me, and it was run in the pro-government dailies and in the state news agency. It’s like in the old Western movies: there is a picture of me and where I live. I have no prediction when I can go back to Turkey. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://youtu.be/tOxGaGKy6fo”][/vc_column][vc_column width=”1/2″][vc_column_text]Index on Censorship partner Global Journalist is a website that features global press freedom and international news stories as well as a weekly radio program that airs on KBIA, mid-Missouri’s NPR affiliate, and partner stations in six other states. The website and radio show are produced jointly by professional staff and student journalists at the University of Missouri’s School of Journalism, the oldest school of journalism in the United States. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”6″ style=”load-more” items_per_page=”2″ element_width=”12″ grid_id=”vc_gid:1517591299623-14a913d2-eca2-3″ taxonomies=”22142″][/vc_column][/vc_row]

Zaman journalists remain in prison after second hearing

[vc_row][vc_column][vc_single_image image=”96900″ img_size=”full” alignment=”center”][vc_column_text]Thirty-one people, mostly Zaman journalists, appeared before a judge for the second time on 8 December on charges of aiding Turkey’s failed coup attempt of 15 July 2016 in a session held in the courtroom on the territory of the Silivri Prison Complex, which is currently home to some 150 journalists.

Most of the suspects were marking their 500th day in prison on the day of the trial. The world didn’t seem to care.  

The crowds that attended the Cumhuiyet trial weren’t there. Only suspects’s families, several international observers and reporters from just two agencies and a local journalism organisation followed the hearing, which went on until after midnight. Among the defendendts were famous columnists as Şahin Alpay and Ali Bulaç.

Article 19’s representative posted a picture of the lonely courthouse with a tweet: “At the courtroom for #zaman trial, including several journalists and famous columnist Sahin Alpay. Apart from relatives of defendants there is hardly anyone here #journalism is not a crime.”

Zaman was the flagship newspaper of the Fethullah Gülen network, which has been declared public enemy number one since the attempted coup. Turkey claims that the Gülen network — with which the government had fallen out in 2012 — was behind the coup attempt. But foes of the government love to hate the Gülen movement, and maybe rightly so. At the peak of their power, prosecutors affiliated with the Gülen network conducted investigations into writers, secularist military officers and others, accusing them of plotting a coup against the then prime minister, Recep Tayyip Erdoğan, and the ruling Justice and Development Party (AKP). Many, including journalist Ahmet Şık, were jailed for months, some even years, on what today are known to be mostly false charges.

The suspects, who already submitted their full defense statements in the first hearing in September, were allowed to speak in the second hearing. As is the case in most of Turkey’s politically motivated trials, the sense of a combination of personal tragedy and Turkey’s own traumas over the past decade — starting with growing polarisation, which some say lies in the heart of Turkish President Erdoğan’s successive election victories; unnamed regime change; a bloody coup attempt was almost palpable in suspect testimonies. Some were fearful, some resentful, some apologetic. Many said they regretted having written at Zaman, while few said they were proud.

Former Zaman writer Ahmet Turan Alkan’s defense statement was unapologetic. He spoke clearly, distinctly and with purpose. Looking at the judges, he said:”You can’t take 500 days stolen from the life of a person lightly. For this reason, I ask of you to forgive me, I am a little bit angry, I am enraged.”

Alkan stressed the violations of due diligence, which have also been pointed out by international observers, “You are more aware of this fact than I am: This case is the result of a vengeful ambition, of political grudge. The accusations against me are mind bogglingly severe , while the evidence department is empty.”

He continued: “Is it that easy in this Republic of Turkey, which is governed by rule of law, to steal 500 days of the life of a person on such light and facetious accusations? I will answer: Yes. Is it that cheap playing with my life, honor and professional reputation? The answer is yes. “

The former Zaman writers also chastised some of the other defendants, who in their statements said their affiliation with Zaman had been a mere result of the circumstances. “I wrote at Zaman for 20 years. I am a Zaman columnist. I wrote what I believed in. I have no political commitments to anyone, neither to Recep Tayyip Erdoğan or Fethullah Gülen, and I am proud of this. This will be the most meaningful legacy I will be leaving to my grandchildren and children. Because I don’t know if I will walk out of prison alive.”

He said he was angry at the state. “I was a nationalist in my youth, I wish that God will forgive me.” The journalist also had a message for the judges: “The government until today has never owned up to any of its mistakes. It’s always been bureaucrats who have had to pay the price.”

“I don’t expect to see compassion or justice from you. I just need you to put concrete laws to work,” he said, and finally completed his statement:“There are such courts that it is better to be the defendant in them than the judge.”

In stark contrast, former Zaman columnist and liberal academic İhsan Dağı — who was released pending trial earlier in the investigation and therefore testified via court-conferencing from Ankara, where he lives — was regretful. He said he agreed with the indictment, that the Gülen network was a terrorist organization and Zaman had become a mouthpiece for it. “I am accused because I wrote for the Zaman newspaper. I left the newspaper the moment when I understood that it had turned into a mouthpiece for FETÖ propaganda,” he said, which made him the only defendant to use the acronym used for the Gülen network by Turkish authorities. He said “FETÖ” was a “post-modern terrorist organisation,” hiding behind a legitimate face and using not its own weapons, but those of the state.

Other writers and columnists

Former Zaman columnist Lale Kemal, who was also let go after spending three months in prison, also testified via the court’s video conferencing system. She likened her ordeal to Kafka’s The Trial. She said: “There are three short paragraphs about me in the indictment. There is not a single piece of evidence against me.”

She said she was known professionally for her opposition to all military interventions, against that as a defense reporter, this has made her life difficult as she was not well liked by military officers.

“I think my being tried here has something to do with that hostility [some generals have felt towards me].”

She said she worked from home, and visited the Zaman building in Ankara maybe once or twice. “The claim that I am part of a hierarchical structure is out of reason.”

“How can I know about an organisation where the senior administration of intelligence organisations failed to monitor and prevent?”, she asked.

Lawyer Cengiz: Indicted for acting as lawyer for Zaman

Lawyer Orhan Kemal Cengiz, whose name is named only mentioned once in the indictment — on a page which lists the names of the suspects —  said he was included in the investigation after filing an application with the constitutional court against the government’s appointing trustees to Zaman. Saying that throughout his career he had defended people of all creeds, Cengiz said his inclusion in the indictment was a blatant attack on the right to defense. He asked for his acquittal.

Şahin Alpay: “I was mistaken”

Columnist Şahin Alpay, who is 73 and who has complained of poor health,  said he had been imprisoned for more than 16 months. Alpay said he was accused on the basis of seven articles published in the Zaman daily three or four years ago.

Alpay said the articles showed his commitment to parliamentary democracy and the rule of law, saying they were evidence in his favor, not against. “Everyone knows that I defend exclusion of violence from politics as a fundamental principle.“

“I sent in my articles via email and I never worked as an editor or executive at the newspaper. If there had been a judicial ruling about the Gülen network being a criminal organisation, I wouldn’t have written for Zaman for another day. If it had ever occurred to me that the members of this movement will one day participate in a coup attempt, I would have never written for Zaman,” he said.

“I was mistaken because I failed to see the dark and secret face of the Gülen movement, to that, I’ll admit. I am not a terrorist. I have always been against violence and terrorism all my life.”

He also said he was not an enemy of the government, but had merely criticized its policies after 2011.  

No evidence against suspects

Many suspects in the trial — journalists and financial or advertising staff alike — said they weren’t sure what the indictment accuses them of. Mustafa Ünal, another former columnist, said “I have been under arrest for 500 days. I don’t know why I am under arrest. I am not a terrorist. I have written thousands of articles. I haven’t uttered a single word in favor of a coup. I am not a member of a terrorist organisation. If you claim the contrary, you should prove it.”

Columnist Ali Bulaç said: “That I wrote for Zaman is shown as an element of crime, there is no other evidence.”

Another Mümtazer Türköne,  “Many people here don’t have any idea what they are accused of. The articles presented here can only be presented in my favor as each of them contained arguments against coups and for democracy.”

Both Bulaç and Türköne had been with Zaman for a very long time and both are well known writers.

İbrahim Karayeğen,  a former editor said, “I don’t know what I am accused of. I can only make guesses. I worked as a night shift editor at Zaman for 12 years. I wasn’t an executive, I had no say on editorial policy. I understand that it is journalism on trial here. Journalism is not a crime,” he said.

Mehmet Özdemir: “I have been a journalist for 20 years. I haven’t done anything else. There is no evidence against me in the indictment, and nor can there be any. Because there is no crime.”

Defendants Şeref Yıldız, Onur Kutlu, İsmail Küçük and Hüseyin Belli, who were imprisoned for accepting old vehicles in return for premium payments owed by Zaman, also asked for their acquittal. Kutlu, Küçük and Belli were released in the court’s interim ruling.

The next hearing will be heard on 5 April 2018. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Index on Censorship monitors press freedom in 42 European countries.

Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified more than 3,700 violations against journalists and media outlets.

Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row]

Fourteen months on from arrest, Zaman journalists appear in court

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People gather in solidarity outside Zaman newspaper in Istanbul in March 2016

When the 15 July 2016 putschists attempted a coup in Turkey, no one could foresee that the journalists, columnists and staff of opposition newspapers and TV channels would be the target of such a massive detention and arrest campaign by the authorities.

However, days after the coup was halted, a large number of reporters, authors and staff of Zaman Daily, which is linked to the Gülen movement, led by the USA-based cleric Fethullah Gülen, were accused of orchestrating the failed coup. The arrests began immediately. 

Journalists Ali Bulaç, Şahin Alpay, Mümtaz’er Türköne, Ahmet Turan Alkan, Mustafa Ünal and others were put in jail based on their articles, written on 17 December 2013. After the paper reported on a corruption scandal, in which then-key government members were involved, the prosecution claimed these writers were “part of an organised attempt against the government”. Based on their articles, the prosecution forged a link between the coup attempt and the journalists. “Attempting to abolish the Constitution, and membership to a terrorist group” are very common charges levelled against dissident journalists and intellectuals. In brief, the main motivation of such cases, a fashion among the judiciary, is to make these people look like “putschists”.

The 64-page indictment, which was prepared 300 days after the arrests, an unlawful detention period, consisted of only the titles of the articles, which were the only evidence provided to support the accusations. Not a single word of the content from the articles was used. 

Four-hundred-and-twenty days on from the arrests, some of the journalists finally appeared before the court and made their defence. They stand trial at a courtroom close to notorious Silivri Prison where they are also being held. Despite objections from all the journalists, the court ruled at the end of the two-day hearing to continue their detention.

Bulaç, a vigorous advocate of Islamist ideology within Turkey, took to the floor to give his defence. Following a brief introduction, he talked about his frustration with the Gülen movement. He said he believes in his that elements of the movement were involved in the attempted coup.

Bulaç highlighted that he was subjected to ill-treatment during the police interrogation, including being mocked. He stated that such humiliation continued while in prison. He made clear in his defence that the religious group, which was once known for its services for people, evolved into “FETÖ”, a term coined by Turkey’s AKP government, meaning “a terrorist group supporting Fethullah Gülen”.

The most striking part of his defence was when Bulaç said he regretted writing for Zaman. He then asked the politicians who once supported the movement and later on separated: “You tell the public that they were deceived by the movement. But I was also deceived. So what makes a difference between you and me?”

Having expressed his objections to the evidence against him, Bulaç reiterated that none of his actions could be considered to be terrorist acts.

“Did I give the orders to stage a coup? Did I take part in pre-coup meetings? Did I bomb those innocent people who were killed on that night by jet fighters? Did I launder money on behalf of the group? Did I illegally transfer money abroad? Did I had relation with the police and military officers who actively took part in the process? No, none. So how can I be labelled as the member of the organization?” Bulaç asked.

Another well-known Zaman journalist, Alpay, is 73-years-old with multiple health conditions, including high blood pressure, prostate and heart conditions, loss of hearing and difficulty in breathing, among others. As a result, he has required medical treatment while in prison. 

All defendants in the case face three times aggravated life sentences plus 15 years in jail. Alpay questions how his articles could merit such an extreme prison term. He argues that the evidence against him is nonsense. 

As to why he wrote for Zaman rather than other media outlets, Alpay said the daily was the only one which opened its doors to him and that it pursued a policy of reaching out to all parts of the society by inviting various authors with different political backgrounds.

“The movement was a vigorous supporter of Turkey’s European Union membership bid. However, I was disappointed with the movement after I realised it had a dark side. I am extremely regretful for writing for Zaman,” Alpay added.

Alpay believes he will be acquitted of all charges against him and asked the panel of judges to release him pending trial so that he could spend the rest of his life with his children and grandchildren.

The story of İbrahim Karayeğen, who was the night editor of Zaman, is a little different from the other defendants. After he was detained in July 2016, his relatives hadn’t heard from him for eight days and the lawyer representing him said that Karayeğen faced torture. His lawyer was later arrested and sent to prison.

In his court defence, Karayeğen said that he was beaten by prison guards in the corners of the Silivri Prison where no surveillance camera exist. He shouted “justice doesn’t exist” during one of these assaults. He was held in a solitary confinement for six-and-a-half months.

Although he didn’t write a single article for the daily, the prosecution charged him with writing articles supporting the coup attempt. Karayeğen underscored that he didn’t write columns for Zaman during his working life in the daily. Explaining that he had no authority to determine the daily’s editorial policy, Karayeğen asked for his release. But his hopes also faded as the court decided for the opposite.

The next hearing is on 8 December, where a decision will be made whether Alpay’s health is an obstacle to his being held in prison. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1505985230960-9d055fa4-4d52-5″ taxonomies=”4335, 8607″][/vc_column][/vc_row]