[vc_row][vc_column][vc_column_text]19 Haziran’da aralarında gazetecilerin de olduğu 17 sanığın yargılandığı davanın ilk duruşması görülecek. Sanıklar arasında önde gelen yazar ve siyasi yorumculardan Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak da var. Dava, geçen yıl gerçekleşen başarısız darbe girişimine katılmış olmakla suçlanan gazetecilerin yargılandığı davalardan ilki ve mahkemelerin Olağanüstü Hal ortamında ifade özgürlüğü ve adil yargılanma hakkı ile ilgili sayısız davaya nasıl yaklaşacaklarına ışık tutabilir.
Sanıklarla ve Türkiye’deki basın özgürlüğüyle dayanışmayı göstermek için, ARTICLE 19, Uluslararası Af Örgütü, Index on Censorship, Norveç PEN ve Uluslararası PEN temsilcileri duruşmaya gözlemci olarak katılıyor olacak. İngiltere ve Galler Barosu İnsan Hakları Komitesi ve Uluslararası Kıdemli Avukatlar Projesi de duruşmaya gözlemci gönderecekler.
Sanıklara yönelik suçlamalar, Cumhurbaşkanı Erdoğan ve Türk hükümetinin “suçtan zarar görenler” olarak nitelendirildiği 247 sayfalık iddianamede yer alıyor. Sanıklar Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak “Türkiye Büyük Millet Meclisini ortadan kaldırmaya teşebbüs”, “Türkiye Cumhuriyeti Hükümetini ortadan kaldırmaya teşebbüs”, “Anayasal düzeni ortadan kaldırmaya teşebbüs” ve “Silahlı bir terör örgütüne üye olmamakla birlikte örgüt adına suç işlemek” suçlamalarıyla yargılanıyor. Geri kalan sanıklar ayrıca, Türk hükümetinin darbe girişimini düzenlediğini iddia ettiği Gülen hareketine atıfla “terör örgütü üyeliği” ile suçlanıyor.
Davalıların çoğunluğu ya ülke dışında sürgünde ya da neredeyse 10 aydır tutuklu olarak yargılanıyor. Avrupa İnsan Hakları Mahkemesi 14 Haziran’da, Altanlar ve Nazlı Ilıcak’ın da aralarında bulunduğu tutuklu yedi gazetecinin haklarının uzun süreli tutuklulukları nedeniyle ihlal edilip edilmediğini belirlemek amacıyla bir dizi sorunun yanıtını talep eden bir dilekçeyi Türkiye yetkililerine iletti.
Bu davanın siyasi amaçlı olduğuna inanıyoruz ve yetkilileri, uluslararası yasalar altında açık bir şekilde suç teşkil eden fiillerin kanıtını sunmadıkları takdirde tüm suçlamaları düşürmeye ve tutuklu sanıkları derhal ve koşulsuz olarak serbest bırakmaya çağırıyoruz.
ARTICLE 19, savunma avukatlarının talebi üzerine Altan kardeşlere yönelik suçlamaları inceleyen bir uzman görüşü hazırladı ve bunu da duruşmada mahkemeye sunacak. Görüş, Altanlara atfedilen suçlamaların, ifade özgürlüğü hakkının yasal olmayan bir şekilde kısıtlanması anlamına geldiğini savunuyor.
Türkiye’de ifade özgürlüğü hakkında daha ayrıntılı bilgi için, lütfen Mayıs 2017’de BM İnsan Hakları Konseyi’ne sunulan ortak bildiriyebakınız.
What is the Index Index? The Index Index is a pilot project that uses innovative machine learning techniques to map the free expression landscape across the globe to gain a clearer country-by-country view of the state of free expression across academic, digital and...
Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
Journalist Emre Orman detained over social media posts
24 October 2019 – Journalist Emre Orman, a reporter for Net news agency, was arrested in Istanbul and subsequently jailed pending trial on the charge of “spreading propaganda for a terrorist organization” on account of his social media posts, Evrensel reported.
Orman was arrested on 23 October 2019 and sent to pre-trial detention after giving a statement to a prosecutor at Istanbul’s Anadolu Courthouse on 24 October.
Update:
1 November 2019 – According to Bianet, Orman was released from detention on 31 October.
Human rights lawyer and former Özgür Gündem editor-in-chief Eren Keskin’s house raided by police
22 October 2019 – Police raided the house of Eren Keskin, a prominent human rights defender and co-chairperson of the Human Rights Association (İHD), Mezopotamya news agency reported. Keskin has been prosecuted more than a hundred times for her symbolic support for the shuttered pro-Kurdish newspaper Özgür Gündem.
Keskin was not at home during the late-night raid. She testified to a prosecutor the following day, responding to accusations that she was “spreading propaganda for a terrorist organization” in her social media posts. Keskin was released without judicial control measures.
On 10 October, President Erdoğan threatened that he would “open the gates” to the EU if they called his military operation an “invasion”.
20 October 2019 – Özlem Oral, a reporter for the left-wing Mücadele Birliği newspaper, was arrested during a police raid on her home on 19 October, Mezopotamya news agency reported. Oral was accused of “disseminating propaganda for a terrorist organization” and “inciting the public to hatred and animosity” for her social media posts about Turkey’s military operation in Syria. She was referred to the courthouse on 20 October and was subsequently released under a travel ban and has been ordered to report to the police station once a week.
19 October 2019 – Police carried out an early morning raid on columnist and T24 contributor Nurcan Baysal’s home in the southeastern city of Diyarbakır. Announcing the incident on Twitter, Baysal said that she was abroad when the raid took place, and therefore she was not arrested, but her two children were at home at the time of the raid. Baysal said that she believed the raid to have been in connection with her social media posts.
Journalist Tuğba Özer ordered to pay compensation over report
17 October 2019 – Tuğba Özer, an editor for Cumhuriyet daily, was ordered to pay 5,000 Turkish lira (around $875) in compensation over a news report, Bianet reported. The lawsuit was overseen by the 23rd Civil Court of First Instance of Istanbul.
The lawsuit was filed by the conservative and Islamist İHH Humanitarian Relief Foundation over Özer’s report about an elementary school teacher volunteering for İHH. Özer reported that the teacher had made his students pose for a picture as they held pieces of rope symbolizing the executioner’s rope and shared these pictures on social media.
The picture was posted at a time when President Erdoğan was reigniting the debate on bringing back the death penalty. The report says that the teacher shared the picture in which he is seen showing the rope on his social media account, saying “Either the state should take the lead or the raven will hover over the dead. President! We want justice.” The message came after a terrorist attack near the Inönü stadium in Istanbul’s central neighborhood of Beşiktaş killed 48 people, mostly police officers. In another social media message the teacher is seen forcing his students to make a military salute in the classroom. The teacher was suspended after the report caused a wide outcry.
BirGün editor Hakan Demir briefly detained over report on military operation
10 October 2019 – Hakan Demir, editor of the website of BirGün daily, was taken into custody during an early morning police raid on his Istanbul home, Bianet reported.
The grounds for Demir’s arrest was “the way in which a news item posted on the newspaper’s online edition was shared on Twitter.” The report referred to the military operation launched by the Turkish military in Syria on 9 October.
Demir was referred to the courthouse later in the day. The 13th Criminal Judgeship of Peace ruled to release the journalist under an international travel ban.
Diken’s news editor Fatih Gökhan Diler detained for “inciting hatred”
10 October 2019 – The managing editor of the news portal Diken, Fatih Gökhan Diler, was arrested at Diken’s offices in Istanbul, the website reported. Diler was eventually released under a travel ban by the Criminal Judgeship of Peace.
Diler was reportedly detained as part of an investigation on the allegation of “incitement of hatred and animosity” in a news story published by Diken that featured a statement by the speaker of the Kurdish-led Syrian Democratic Forces (SDF). The Turkish military launched an operation in Syria on 9 October, mostly targeting Kurdish forces controlling the border.
JinNews reporter Beritan Canözer’s home raided by police over her social media posts
10 October 2019 – Reporter Beritan Canözer of the Diyarbakır-based pro-Kurdish and feminist news website JinNews had her home raided by police, Bianet reported. During the raid, police confiscated several magazines and newspapers they found in her apartment.
Police officers informed Canözer’s sibling, who was alone in the apartment when the police came, that the journalist was being summoned to the Diyarbakır Police Department to give her statement in connection with her social media posts.
Broadcasts denigrating Syria operation to be ‘silenced’, TV watchdog said
10 October 2019 – Turkey’s TV watchdog, the Radio and Television Supreme Council (RTÜK), released a statement warning that any broadcast that endorsed terrorism and misled citizens with “false, incomplete or biased information” would be silenced, Andolu Agency reported. Turkey’s military launched an operation named Peace Spring on 9 October in northern Syria, targeting the Kurdish groups controlling the border.
While thanking broadcasters for “meeting society’s need of being informed with accurate information and contributing to national unity and togetherness,” RTÜK said it would not tolerate negative coverage of the operation. In the statement, RTÜK said that divisive and destructive broadcasts against Operation Peace Spring, published with the support of the [PKK] terrorist organization, are being swiftly identified and silenced with the support of other state institutions.
UPDATE: Index on Censorship is delighted to learn of the news that Ahmet Altan and Nazlı Ilıcak have been released from prison and that Mehmet Altan has been acquitted and released.
We nonetheless remain concerned that Altan and Ilıcak were convicted and are on probation, and that their co-defendants — Fevzi Yazıcı, Yakup Şimşek and Şükrü Tuğrul Özşengül — remain in detention after having been convicted of “membership of a terrorist organisation”.
Ahead of the second hearing in the retrial of Turkish novelist Ahmet Altan, Nazlı Ilıcak and four other journalists and media workers, Article 19 and 16 free speech and human rights organisations call for all detained defendants to be released and for the charges to be dropped. We believe that the charges against Altan and the other defendants are politically motivated and the case should never have gone to trial. We believe that the new charges are also bogus, as no credible evidence has been presented linking the defendants to terrorism.
Altan and Ilıcak have been in pre-trial detention for over three years on bogus charges. They were initially charged with sedition and are now being re-tried on terrorism charges following a decision by the Supreme Court of Appeals. The final prosecutor’s opinion has been published ahead of the hearing on Monday 4 November, revealing that the prosecutor will ask for the judge to sentence significantly above the minimum required sentence for these offences. If the judge rules in line with the Prosecutor’s opinion, this will mean that the defendants will remain in detention during the appeals process which could take many more months. The on-going violation of their rights is a damning indictment of the state of Turkey’s judicial system, which has been placed under immense political pressure since the failed coup of July 2016.
We have serious concerns regarding the panel of judges overseeing this retrial. It will be presided over by the same judge who oversaw the first trial, which involved several violations of the right to a fair trial and according to the Bar Human Rights Committee, “gave the appearance of a show trial”. The same panel of judges also previously refused to implement the Constitutional Court and European Court of Human Rights rulings that Mehmet Altan’s rights had been violated by his pre-trial detention, sparking off a constitutional crisis.
With the Constitutional Court failing to find a violation in the case of Ahmet Altan and Nazlı Ilıcak in May 2019, we look to the European Court of Human Rights (the Court) for justice. In 2018, the Court found several violations of Mehmet Altan’s rights. The Court also said that it would keep the effectiveness of remedies before the Constitutional Court under review. Altan and Ilıcak have now spent over three years in pre-trial detention. If the judge rules on Monday in line with the Prosecutor’s final opinion, they will be condemned to an even longer period of unjustified detention. By January 2020, their applications before the Strasbourg Court will have been pending for three years. A judgment from the European Court of Human Rights on their cases is now crucial.
Signatories
Article 19
Articolo 21
Danish Pen
English Pen
European Centre for Press and Media Freedom (ECPMF)
Freedom House
German Pen
Global Editors Network (GEN)
IFEX
Index on Censorship
Norwegian Pen
P24 – Platform for Independent Journalism
Pen America
Pen Canada
Pen International
South East Europe Media Organisation (SEEMO)
Swedish Pen
About the case
The retrial in the case of writers and media workers Ahmet Altan, Mehmet Altan, Nazlı Ilıcak, Yakup Şimşek, Fevzi Yazıcı and Şükrü Tuğrul Özşengül began on 8 October 2019, after the Supreme Court of Appeals overturned their convictions of “attempting to overthrow the constitutional order through violence and force” under Article 309 of the Turkish Penal Code, for which they had been given aggravated life sentences. The Supreme Court of Appeals found that there had been no evidence of their use of “violence and force” and that Mehmet Altan should be acquitted entirely due to lack of sufficient evidence. The charges for the other five defendants were reduced: Ahmet Altan and Nazlı Ilıcak face new charges of “aiding a terrorist organisation” while Yakup Şimşek, Fevzi Yazıcı, Şükrü Tuğrul Özşengül face charges of “membership in a terrorist organisation”. Their re-trial, on new charges, began in October 2019 and the second hearing, at which the judge may rule on the case is on November 4, 2019.
More detailed information on these cases and the retrial can be found here
Under President Erdogan’s rule, freedom of expression has severely declined in Turkey. Over the last four years, at least 3,673 judges and prosecutors have been dismissed and the judiciary effectively purged of anyone who is perceived as opposing the government through the exercise of freedom of expression. Around 170 media outlets have been closed down over claims they spread “terrorist propaganda”. Only 21 of these have been able to reopen, some of them however being subject to major changes in their management boards. Turkey has become the world’s biggest jailor of journalists with at least 121 journalists and media workers currently in prison and hundreds more on trial.
For more information on freedom of expression in Turkey, please see our joint NGO submission for Turkey’s Universal Periodic Review at the United Nations
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