20 Feb 2018 | Guest Post, News and features, Turkey
[vc_row][vc_column][vc_single_image image=”91904″ img_size=”full” add_caption=”yes”][vc_column_text]Two of Turkey’s most prominent writers, brothers Ahmet and Mehmet Altan, were sentenced to life in prison on Friday 16 February 2018.
Convicted on groundless charges related to the attempted coup in 2016 against the government led by President Recep Tayyip Erdoğan, these verdicts, the first of their kind, set a devastating precedent for the many other journalists and writers in Turkey who are being tried on similarly spurious charges widely believed to be politically motivated to silence all criticism of Erdoğan.
Since they began last July, I have been present to observe the Altans’ trial and to witness extraordinary violations of due process and the defendants’ rights to a fair trial. They are also emblematic of an unprecedented crackdown on critical voices in a country where the rule of law is in free fall.
The brothers were arrested in the aftermath of the coup attempt under a state of emergency imposed by Erdogan in July 2016 and renewed six times since, which gave him sweeping powers and pushed Turkey closer to authoritarianism. It is hard to overstate the extent of the purge that has taken place: 200 journalists and 50,000 individuals have been arrested. Independent mainstream media have been all but silenced, with over 180 media outlets and publishing houses closed down. Over 150,000 civil servants, journalists and academics, have been summarily dismissed with no effective appeals process or prospect of re-employment. Dozens of the dismissed have committed suicide.
Once arrested, the Altans found themselves in a legal system where the rule of law has been dismantled with terrifying speed since the coup attempt. What judicial independence existed previously was eviscerated as 4,200 judges and prosecutors were summarily dismissed and replaced with political appointees. The legal system itself – parts of which have long been used to judicially harass independent voices – has been transformed wholescale into a system of repression, with the judiciary now playing a central role in the deterioration of free speech and the rule of law itself.
The indictment in the Altans’ case is 247 pages long, and was largely copied and pasted from other indictments, evidenced by a name from another trial mistakenly appearing in the document. The brothers initially faced three consecutive life terms on charges of plotting to overthrow the government, parliament and the constitutional order for their alleged links to a network led by Fethullah Gülen whom the government accuses of orchestrating the attempted coup. These charges were subsequently reduced to just the latter, carrying one ‘aggravated’ life sentence: a sentence without prospect of parole. Like scores of other journalists across the country, the Altans are also accused of supporting multiple additional terrorist groups – groups which are themselves even in conflict with one another.
Throughout the trials there has been scant evidence or detail of the criminal acts the Altans are said to have committed. A key part of the case has centred on their participation in a TV programme on 14 July 2016, the day before the coup attempt, during which they are said to have sent “subliminal messages” to the coup plotters. (In fact, they discussed the fact that there would be elections and that Erdogan might be voted out.) After this “evidence” was ridiculed wholesale in the Turkish media, it was dropped. In a similarly farcical use of evidence, six $1 bills found in Mehmet Altan’s apartment are cited as proof of his support for the coup, though how these could possibly contribute to attempting to overthrowing the constitutional order remains unclear.
Leading QC, Pete Weatherby, characterised the proceedings as a “show trial” in a report for English Bar Human Rights Committee. At a hearing in November 2017, the judge abruptly expelled the entire defence team. Mehmet Altan was left to defend himself with no lawyer present. I had the surreal experience of observing that hearing with his defence team from the court cafeteria via Twitter. On Monday of this week, his lawyer was expelled from court once again, this time for insisting that the recent landmark Turkish Constitutional Court decision on his client’s case be included in the court’s record, to say nothing of it being upheld.
The lower court’s decision to defy this constitutional court decision on Mehmet Altan is itself at the heart of a constitutional crisis unfolding in Turkey. Until 11 January 2018, the constitutional court had exempted itself from deciding any State of Emergency related cases, despite the 100,000 applications pending before it. Then in a landmark decision a month ago, the constitutional court ruled 11-6 that the detention of Mehmet Altan and veteran journalist, Sahin Alpay for over a year constituted violations of their constitutionally protected “right to personal liberty and security” and “freedom of expression and the press”, establishing the way for their immediate release and setting the necessary precedent for the releases of the dozens of other jailed journalists.
In the hours following the decision, however, a criminal court in Istanbul defied the constitutional court ruling declaring the judgement was a “usurpation of authority” and therefore could not be accepted. This language was disturbingly similar to the reaction of the deputy prime minister and government spokesperson, Bekir Bozdağ, who had tweeted this objection to the decision, claiming that the Constitutional Court had “exceeded” its authority.
This political interference was blatantly in violation of the Turkish Constitution, which renders all constitutional court decisions binding on lower courts. The ongoing crisis surrounding the rule of law and separation of powers, which has been growing since the imposition of the state of emergency, has reached its nadir with Friday’s verdict against Mehmet Altan, demonstrating that Turkey’s citizens can have no expectation of an independent or effective legal remedy in their country.
This crisis in Turkey has profound implications for the European human rights system. The Altans’ case, along with those of eight others relating to journalism is pending before the European Court of Human Rights, of which Turkey has been a member since 1954. Their lawyers applied to the European court in November 2016 after continued inaction by the Turkish Constitutional Court and in April 2017, the court accorded priority status to the cases, opening the way for accelerated proceedings. So important are the implications of these cases for freedom of expression in the country as a whole that an unprecedented group intervened before the court including the Council of Europe’s Human Rights Commissioner, the UN Special Rapporteur on Freedom of Expression and a coalition of international human rights NGOs led by PEN International.
Since those interventions, however, the European court has been silent. As there is no expectation of independent or effective justice in Turkey, Strasbourg is the last hope for justice for the writers – and indeed, for Turkish society as a whole. And there can be no more urgent cases than these for the European court: they concern individuals who have been detained for over eighteen months, solely on the basis of their writing, that is to say for peacefully exercising their right to freedom of expression and opinion, which is guaranteed under the European Convention of Human Rights, of which the court is guardian.
However, many in Turkey fear that politicking at the highest levels between Turkey and European member states and institutions is delaying this judgement. Indeed it is widely felt that Europe’s relative silence on the journalists cases is provoked by more utilitarian concerns: the EU-Turkey refugee deal for one, military interests in Syria for another. Meanwhile, Theresa May has shown she is more concerned about selling Erdogan fighter jets and securing a post-Brexit free trade agreement than promoting democracy or human rights.
Meanwhile, the European Union and May appear to be sacrificing the very people who have fought for democratic and liberal values in Turkey. One of the great privileges of my time observing these cases over the last 18 months has been to witness historic defences of freedom of expression from journalists in the dock, on trial for their lives for daring to criticise authoritarianism, corruption and human rights abuses. I think of Ahmet Altan’s defiant closing statement to the judge in the prison court this Tuesday, surrounded by 30 heavily armed riot police – “I came here not to be judged but to judge. I will judge those who, in cold blood, killed the judiciary in order to incarcerate thousands of innocent people.”
Europe would do well to take a longer-term view, to uphold the values of democracy and human rights lest we lose Turkey outright to authoritarianism. Political pressure does work: On the same day as the Altans were sentenced, the Turkish-German journalist, Deniz Yucel, was released after a year in detention following talks between German Chancellor Merkel and Turkish PM Yildirim. Political pressure from Germany is also widely credited for the release of ten human rights defenders and Amnesty International staff in October 2017. Much more of this pressure is needed. Other countries like the UK, and political and financial institutions including the EU need to step up and demonstrate the values they profess to hold in their relations with Turkey.
We urge Europe not to abandon the Altans and Turkey’s other jailed journalists. We can only hope for Turkey’s democrats that justice does not come too late. [/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=”3″ element_width=”12″ grid_id=”vc_gid:1519806559338-3ec987ef-0828-8″ taxonomies=”55″][/vc_column][/vc_row]
5 Oct 2017 | News and features, Turkey, Turkey Uncensored
[vc_row][vc_column][vc_column_text]
Ahmet Altan is one of over 150 journalists who is in detention in Turkey. Altan stands accused of “attempting to overthrow the government” and “attempting to eradicate the parliament” and they face three counts of life sentences without the possibility of parole.
Altan, who testified on 19 September through the judicial teleconferencing system from Silivri Prison, mainly addressed the presiding judge. The next hearing in his case will take place on 13 November.
The belief that makes people gather around a religion is rooted in their trust in the honesty of God.
God cannot tell lies.
Lying would deprive God of his divinity.
In ancient times, even a pagan tribe that worshipped a pear tree believed in the tree’s honesty; that it would bear the promised fruit at the promised time.
Ever since people were created they have gathered around authority, worshipped it and entrusted themselves to it.
People who don’t trust each other, who divide into groups, tribes, and clans, can only come together around an authority which they trust to be honest.
In the same way that a person needs an honest authority in order to become religious, there is need for an honest authority in order for millions of people to become a nation and establish a state.
The honest authority which enables the millions to turn into a nation and establish a state is not one of politicians, soldiers, executives, or political parties.
That honest authority, that great source of trust, resides in the judges.
The magical link that turns millions of dispersed pearls into a necklace is the honesty of those judges.
Without judges, there cannot be a nation. Without judges, there cannot be a state.
What makes a nation and what makes a state is its judges.
In the same way that removing the oxygen atom from a water molecule turns the very source of life into one of death, removing the judges from the state turns it into an armed gang.
If there are no judges then there is no state.
When you remove the oxygen atom from a water molecule it no longer qualifies as water. Similarly, when you remove the judges from the state, the state no longer qualifies as a state.
What distinguishes a state from an armed gang is the presence of judges.
Well, then what makes this ever so vitally important judge a judge?
It is not his or her diploma, his or her cloak, his or her podium.
What makes a judge a judge is their possession of an almost godly honesty and the people’s undoubting belief in that honesty.
In the same way that there cannot be a lying God there cannot be a lying judge.
A judge would lose their qualification as judge the moment they were to lie in court.
If a state were to allow a judge who no longer qualifies as a judge to continue, that state would no longer qualify as a state.
A judge demolishes the state as they demolish their qualification as a judge by lying in court.
A year ago, Mehmet Altan and I were arrested on the charges of “giving subliminal messages to the putschists.”
Later on, this ridiculous allegation disappeared and we were sent to prison on the charges of staging the coup on 15 July and attempting to overthrow the government with weapons.
We are said to have staged an armed coup d’état.
This is the crime we are charged with.
This is a case in which the absurdity of the allegation overwhelms even the gravity of the charges.
Now, I’ll say something loud and clear to this court, to this country and to those around the world who have taken an interest in this trial:
Show us even a single piece of concrete evidence of the strange allegations against us, and I will not defend myself anymore. Even if I am sentenced to the gravest penalty I will not appeal the ruling.
I am saying this loud and clear.
Show me a single piece of evidence and I will waive my right to appeal.
I will submit to spending the rest of my life in a prison cell.
During this past year, which we spent in prison, a judge ruled each month for the continuation of our imprisonment by claiming that “there was solid evidence” against us.
In the previous hearing, you, too, said there was “concrete evidence” against us.
Now, for you to be able to preserve your integrity and your qualification as a judge and for the state to be able to preserve its qualification as a state, you need to show us what those pieces of “solid evidence” are.
Since you declared with such ease that there was solid evidence, that evidence needs to be in our case files.
Come on, show that solid evidence to us and to the rest of the world – the evidence which proves that we staged a coup on 15 July.
You won’t be able to show it.
Both you and I know that there is no such evidence.
Because these allegations are utter lies.
Go ahead, disprove what I have been saying, pull out that piece of evidence and show it to us.
There are some difficult aspects to arresting people on nonsensical allegations, Your Honour, and now you are confronted with those difficulties.
Either you will end this nonsense by saying “there is no solid evidence” or you will show us some “solid evidence.”
Or, you will insist on saying “there is solid evidence” while there is no solid evidence and thus lose your integrity and your qualification as a judge?
And with you, the state will lose its qualification as a state.
Thereby we will cease to be defendants.
We will become hostages of the judges, who have lied and therefore lost their qualification as judges, and to an armed gang, which has lost its qualification as a state.
Because in a real state with real judges there can be no allegation without evidence, there can be no trial without evidence, there can be no arrest without evidence.
Because a state, if it is to be a state, needs evidence to put a person on trial.
Only armed despots lock people away without evidence.
If you continue trying and incarcerating us without evidence you will demolish the judiciary and the state.
You will be committing a serious crime.
Turkey will turn into a jungle of thuggery and despotism, where the guilty try the innocent.
Now, you need to decide whether you are an honest judge or a criminal.
If you accept an indictment that makes such absurd allegations and declare “there is solid evidence” while there isn’t even a single piece of evidence, you’ll discover life’s capriciousness and will put yourself on trial while thinking you are trying us.
I wait for your decision.
As an aged writer, one much more experienced than you are, my advice to you is to save yourself, save your profession, and save your state.[/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:1507033820060-8b45a65c-3de0-8″ taxonomies=”8607″][/vc_column][/vc_row]
8 May 2017 | Media Freedom, News and features, Turkey
[vc_row][vc_column][vc_column_text]
Journalist Ahmet Altan is charged with inserting subliminal messages in support of the failed 15 July coup in Turkey.
Nine months. That’s how long brothers Ahmet and Mehmet Altan have been in pre-trail detention in Turkey. Prosecutors are demanding multiple life sentences for the brothers, who will face their first day in court on 19 June.
“The case against Ahmet and Mehmet Altan is deeply troubling. The ongoing judicial harassment of the Altans and other journalists puts ‘democratic’ Turkey in the same camp as some of the world’s most egregious dictatorships. The post-coup crackdown on freedom of expression and the press must be rolled back,” Melody Patry, head of advocacy, Index on Censorship said.
Ahmet Altan has written for several of the country’s most influential newspapers. He and his brother Mehmet, an academic, were arrested and are being held on suspicion of “spreading subliminal messages”, relating to an appearance Ahmet Altan made on a television talk show the night before the 15 July coup attempt.
Ahmet Altan is one of Turkey’s top journalists, having worked in every position from reporter to editor-in-chief at several newspapers, as well as a producer of television news. He was a columnist for daily newspapers including Hurriyet and Milliyet, and in 2007 he started Taraf, an opposition daily. In 2008 he was charged with “denigrating Turkishness” after he wrote an article dedicated to the victims of the Armenian genocide. He is also considered one of Turkey’s finest novelists, with his most recent book, Endgame, having been published last year.
Mehmet Altan is a professor at Istanbul university, where he has worked for 30 years. A vocal supporter of democracy, he has often called for Turkey to establish its republic on human rights, rather than religious or ethnic identity. He has written several books about politics in Turkey.
The pair were arrested in an early morning raid on 10 September. Ahmet had appeared on a talk show on the Can Erzincan television channel on 14 July, where he is accused of sending messages to viewers to support a coup. The channel has since been shut down. It was perceived by authorities to have been supportive of the cleric Fethullah Gulen, who the government blames for the coup.[/vc_column_text][vc_column_text]
TAKE ACTION
Send a letter of support to Ahmet and Mehmet Altan.
Show your solidarity with the Altans by letting them know the world is watching their case.
Tweet Turkey’s president:
[socialpug_tweet tweet=”.@RT_Erdogan Turkey must end crackdown on #mediafreedom #FreeTurkeyMedia #journalismisnotacrime #AhmetAltan #MehmetAltan” style=”2″ remove_url=”yes” remove_username=”yes”][/vc_column_text][vc_column_text]
Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.
[/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:1494246747427-afb47fc0-82c9-2″ taxonomies=”55″][/vc_column][/vc_row]
16 Feb 2018 | Campaigns -- Featured, Statements, Turkey, Turkey Statements
[vc_row][vc_column][vc_column_text]
Ahmet Altan, Mehmet Altan and Nazli Ilcak
Index on Censorship strongly condemns Turkey’s sentencing of six defendants — including journalists Ahmet Altan, Mehmet Altan and Nazli Ilcak — to aggravated life sentences.
“Today’s appalling verdict represents a new low for press freedom in Turkey and sheds light on how the courts might approach other cases concerning the right to freedom of expression. Today we stand in solidarity with all imprisoned journalists and continue to call on the government to drop all charges,” Hannah Machlin, project manager, Mapping Media Freedom, said.
On 16 February 2018, the 26th High Criminal Court of Istanbul sentenced the defendants to life in prison over allegations related to the attempted July 2016 coup, which Turkish authorities claim was orchestrated by Fettulah Gulen. The charges were detailed in a 247-page long indictment which identifies President Erdogan and the Turkish government as the victims. The defendants were accused of attempting to disrupt constitutional order and inserting subliminal messages into broadcasts.
Ahmet Altan is a novelist, journalist and former editor in chief of the shuttered Taraf daily. His brother, Mehmet Altan is a columnist and professor. Nazli Ilcak is a journalist, writer and former party deputy. The other defendants were Fevzi Yazıcı, who was head of visual at Zaman; Yakup Simşek, who worked in Zaman’s advertising department; Sükrü Tuğrul Ozşengül, a retired police academy teacher who was accused on the basis of a tweet where he predicted there would be a coup.
Today marked the fifth and final hearing in the case which is widely seen as politically motivated.
This is the first conviction of journalists in trials related to the attempted coup.
All three have been detained since 2016 and have denied all charges, citing lack of evidence.
On 19 September 2017 Ahmet Altan testified from Silivri Prison.
“This is a case in which the absurdity of the allegation overwhelms even the gravity of the charges.”
Earlier today, Deniz Yucel, a German-Turkish journalist, was released and indicted on charges related to the hacking of the Turkish Energy Minister’s email account . He spent 366 days in prison, including in solitary confinement. Yucel could face up to 18 years in prison.
Turkey is currently the largest jailer of journalists in the world with 153 media workers still behind bars in Turkey.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”3″ style=”load-more” items_per_page=”2″ element_width=”12″ grid_id=”vc_gid:1518794983391-6bd72ea1-eea5-5″ taxonomies=”55″][/vc_column][/vc_row]
