Monitoring and Advocating for Media Freedom: Policy recommendations for Azerbaijan, Belarus, Russia, Turkey and Ukraine

 

Index on Censorship’s Monitoring and Advocating for Media Freedom project monitors threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine. Previously these countries were also included in the Mapping Media Freedom project, which Index incubated and managed between 2014 – 2018.

This report summarises policy recommendations based on analysis since April, 2019. The recommendations are based on research by in-country correspondents and Index staff. Country reports published by the project since April are available on the project webpage.

After a brief background section, the report sets out key policy recommendations that apply to all the project countries, followed by key recommendations for each project country.

 

Background

It is essential that media freedom groups and international organisations continue to monitor, verify and document threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine, continue to raise awareness about the challenges and to advocate for change. Media freedom is severely restricted in all these countries and journalists are under great pressure.

Violence against journalists; misuse of counter-terror and security legislation to silence journalists; travel bans that isolate journalists and impact them professionally; failure to investigate violent crimes against journalists and silencing and punishing journalists through defamation and insult laws – all these are familiar tactics and increasingly common. In more recent years the introduction of restrictive internet-related legislation, such as in Russia, has opened a new frontline in the fight to safeguard media freedom.

 

RECOMMENDATIONS FOR ALL PROJECT COUNTRIES 

 

  • Governments and the EU must take a stronger stand for media freedom

Governments and multilateral groups, in particular the European Union (EU), must take a strong stand in defence of media freedom and journalists, both in their bilateral relations with the project countries and in multilateral processes. Governments and the EU should ensure that issues such as proposed or existing legislation that restricts media freedom, violence against journalists and failures to investigate crimes against journalists, form part of the agenda in strategic bilateral and multilateral discussions.

Countries that have a version of the Magnitsky Act (in the EU, this includes Estonia, Latvia, Lithuania and The Netherlands) should consider making use of this legislation in cases where media freedom and the safety of journalists are at stake. Countries that have not yet introduced such legislation should consider doing so. The UK should put its Magnitsky amendment into use. 

 

  • Impunity must end

A man lays flowers near the picture of murdered journalist Anna Politkovskaya, during a rally in Moscow, Russia, 7 October 2009. CREDIT: EPA / Alamy Stock Photo

Impunity is a major challenge in all the project countries. In Azerbaijan, the death of freelance journalist Rafic Tagi, who died in hospital after a stabbing in 2011, has never been investigated properly. Belarussian cameraman Dzmitry Zavadski disappeared in 2000 on his way to meet journalist Pavel Sheremet, later killed in Ukraine in 2016. Zavadski’s body was never found.

The instigator of the 2006 contract killing of investigative journalist Anna Politkovskaya in Russia is still not known, nor is the motive. In 2018 the European Court of Human Rights found that the Russian authorities had failed to carry out an effective investigation into her killing. Turkey failed to investigate the death of editor Rohat Aktaş, killed when he was covering hostilities between Kurdish separatists and Turkish forces in 2016.

Ukrainan journalist Pavel Sheremet was killed by a car bomb in Kyiv in 2016 and, despite statements from the authorities that the case is a priority, there has been no progress. All the project countries should commit to investigating unsolved killings of journalists and should implement the guidelines in recommendation CM/Rec(2016)4 of the Committee of Ministers of the Council of Europe.

In relation to impunity, the guidelines envisage that when investigations and prosecutions have not resulted in justice member states can consider establishing special inquiries or independent specialised bodies, and that the latter could involve participation by respected media and/or civil society figures.  

 

  • Council of Europe member states must engage fully with the platform for journalism

Council of Europe member states must engage more actively with the Council of Europe’s Platform for the protection of journalism and safety of journalists. The partner organisations of the platform, which include Index on Censorship, should continue to use the platform to raise awareness of media freedom violations and threats to journalists. This should include advocating for states to respond to all alerts communicated to the platform.

The overall response rate from states in 2018 was only 39%. It is also important that states provide substantive replies to alerts and engage in follow-up dialogue with the partner organisations. The platform is an underused mechanism, with potential to achieve more. Partner organisations can also be of assistance to member states that are willing to engage fully.

Belarus is not a member of the Council of Europe, but other international organisations and processes, such as the special procedures of the United Nations human rights council, should be engaged to follow up cases and issues in Belarus.

 

Azerbaijan must halt its use of travel bans for journalists including Khadija Ismayilova

AZERBAIJAN

 

  • The EU must defend media freedom in negotiations with Azerbaijan

The EU must use its influence to defend media freedom and journalists in Azerbaijan. Negotiations on an agreement to replace the EU-Azerbaijan Partnership and Cooperation Agreement, in place since 1999, are at an advanced stage and will need to be brought to a conclusion by the new European Commission. It is extremely important that the EU raises media freedom and human rights in these negotiations.

In 2018, the European Parliament adopted a resolution which recommended that the EU should make deepening of relations with Azerbaijan conditional on respecting democratic values and human rights, and that it should ensure that Azerbaijan frees its political prisoners (including journalists such as Afgan Mukhtarli) before the negotiations on a new partnership agreement are concluded. Mukhtarli remains imprisoned. 

 

  • End digital attacks

Azerbaijan must refrain from targeting journalists’ online activities, including through call hacking, internet blocking and distributed denial-of-service (DDoS) attacks. In October, internet blockages and disruption to mobile phone services were reported in central Baku in connection with ongoing protests. Several journalists were also detained or subjected to physical violence during the protests. Social media platforms such as YouTube should respect Azerbaijani users’, including journalists’ right to seek, receive and impart information. Platforms should implement terms and conditions consistently and transparently, including when dealing with harassment of journalists by alleged state-sponsored trolls.

 

  • Stop using travel bans

Azerbaijan must halt its use of travel bans for journalists. For example, the well known journalist Khadija Ismayilova is currently under a travel ban. OSCE Media Freedom Representative Harlem Désir has stated that it is a serious hindrance to her work as a professional journalist.

 

BELARUS

 

  • Amend the law on mass media

Belarus must amend the law on mass media. The legislation currently requires journalists, including freelancers, who work for media outlets registered outside Belarus to obtain accreditation from the foreign affairs ministry.  This has led to journalists being fined repeatedly. At a very minimum, Belarus must urgently establish procedures that enable journalists to appeal rejected accreditation requests.

 

  • Other governments must signal that restrictions are not acceptable

Other governments must make it clear to Belarus that restrictive and repressive actions against journalists will not be tolerated. This applies to the requirements for accreditation for journalists working for non-Belarussian media outlets above, but also to the practice of detaining journalists for short periods. Some observers have credited Belarus’ tendency to impose fines on journalists or to detain them for short periods – rather than sentence and imprison them – as an attempt to build alliances in the West at a time when relations with Russia are weak. Other governments need to signal clearly it is not acceptable.

 

  • Train journalists in human rights and United Nations procedures

In the case of Belarus, which is not a member of the Council of Europe, it is important that support and training aimed at enabling journalists to defend their rights includes training on other international organisations and processes, such as the special procedures of the United Nations human rights council, including the special rapporteur on the situation of human rights in Belarus.

 

Ivan Golunov

Russia must investigate cases of trumped-up charges against journalists such as Ivan Golunov

RUSSIA

 

  • Halt the extension of foreign agent legislation to individual journalists

Russia must refrain from finalising the legislative changes that would extend the scope of “foreign agent” to individual journalists. Existing problematic legislation already requires media outlets that receive funds from abroad to register as foreign agents. At the time of writing the Duma has approved changes that would extend this to individual journalists, including freelance journalists and bloggers. Any one of these receiving payments for services, or a salary from abroad, would need to register with the ministry of justice. All published work would need to display a “foreign agent” label. This legislation should not proceed, and existing legislation that labels  media outlets as foreign agents should be reviewed.

 

  • Ensure access for journalists to court proceedings

Access to court proceedings is a frequent problem for journalists. As stated in Opinion No. 8 of the Consultative Council of European Prosecutors: “Transparency in the performance of the prosecutor’s duties is an essential component of the rule of law, and one of the important guarantees of a fair trial. Not only must justice be done, but it must also be seen to be done. In order for this to be possible, the media should be able to provide information on judicial, criminal or other proceedings” (paragraph 30). The authorities must review existing processes for compliance with international standards.

 

  • Investigate cases of trumped-up charges against journalists

The authorities must thoroughly investigate cases of trumped-up charges against journalists and ensure that the instigators are brought to justice. Recent incidents include the high-profile case of Ivan Golunov, arrested for possession and trafficking of drugs, and what appears to be a fake letter sent in the name of Nikita Telizhenko with the aim of discrediting him. 

 

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey's jailed journalists ahead of Erdogan visit to Downing Street

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey’s jailed journalists ahead of Turkish President Erdogan’s visit to Downing Street in May 2018

TURKEY

 

  • Other governments should not support Turkey’s judicial reform strategy, at least not in its current form

The judicial reform strategy (JRS), launched in May, 2019, will not achieve any meaningful change, at least not in its current form. Turkey’s judicial system is not independent: it is overloaded with cases, many which concern journalists, and it has been undermined through the large-scale dismissal of judges. It is extremely important that other countries and international organisations scrutinise the judicial reform strategy, and make it clear that in its current form it is completely inadequate when it comes to addressing the enormous structural problems of the judiciary. 

 

  • Implement the recommendations of the United Nations special rapporteur

In May 2019, the United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression published a follow-up report to an earlier visit to Turkey in 2016. The rapporteur had made a series of recommendations in 2016, which included releasing jailed journalists and reversing the closure of media outlets. The follow-up report found that Turkey had either failed to implement or had contravened all the recommendations, with the exception of one (lifting the state of emergency). Turkey should urgently implement all the recommendations made by the United Nations special rapporteur.

 

  • Support trial observation

Diplomatic representations and international organisations, including the EU, need to support observation of trials that involve journalists and media outlets. High-profile trials in central locations can be well-attended by observers, but coverage of trials in remote locations is more limited. Support can include sending representatives to follow trials and/or financial support for organisations that monitor trials.

 

Ukraine President Volodymyr Zelenskiy must engage with the media. Photo: Wikimedia

UKRAINE

 

  • The government must review state support for far-right groups associated with extremism

The government needs to undertake an independent and transparent review of state support, including financial support for far-right groups associated with extremism. The review should involve international experts. It should include investigating the possibility of state security force collusion with paramilitary and extremist organisations and thorough investigations of alleged involvement in violence against journalists, such as the unsolved murder of Oles Buzina.

 

  • Elected representatives must engage with the media

President Volodymyr Zelenskiy reportedly held a 14-hour press conference in October, attended by 300 journalists. Whether it signals a new era in the relationship between Ukraine’s elected representatives and the media remains to be seen. The failure of the president and lawmakers to engage meaningfully with the media in the past has been a challenge for journalists and this needs to change. 

 

  • Invest in the public service broadcaster

In the highly divisive media landscape, the role of the public broadcaster is extremely important. Ukraine’s public broadcasting company is severely underfunded and currently has a very small audience. As Index on Censorship outlined in its Demonising the Media report a year ago, a significant but underreported trend in the region is the threat to public broadcasters. A number of national broadcasters in the EU and neighbouring countries were brought under closer government control in 2014-18. Ensuring both sufficient funding and editorial independence are crucial in ensuring the public’s right to know is defended.

Turkey: Press freedom violations October 2019

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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.

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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.

 Link(s):

https://www.evrensel.net/haber/389407/gozaltina-alinan-gazeteci-emre-orman-tutuklandi

https://gazetekarinca.com/2019/10/gazeteci-emre-orman-gozaltina-alindi/

http://bianet.org/bianet/ifade-ozgurlugu/214864-gazeteci-emre-orman-gozaltina-alindi

http://bianet.org/english/freedom-of-expression/215217-journalist-emre-orman-released

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

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.

Link(s):

http://mezopotamyaajansi23.com/search/content/view/74224?page=1&key=add81a9e773c7072a8320bb66c8f598e

http://bianet.org/english/freedom-of-expression/214837-house-of-eren-keskin-raided-by-police

https://www.gazeteduvar.com.tr/gundem/2019/10/23/eren-keskinin-evine-polis-baskini/

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

Journalist Özlem Oral briefly detained

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.

Link(s):

http://mezopotamyaajansi23.com/tum-haberler/content/view/73855

https://t24.com.tr/haber/mucadele-birligi-gazetesi-muhabiri-ozlem-oral-gozaltina-alindi,844469

https://gazetekarinca.com/2019/10/gozaltina-alinan-gazeteci-ozlem-oral-serbest-birakildi/

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

 

Nurcan Baysal’s house raided by police

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.

Link(s):

https://t24.com.tr/haber/nurcan-baysal-in-evine-polis-baskini,844441

http://bianet.org/bianet/ifade-ozgurlugu/214700-yazar-nurcan-baysal-in-evine-polis-baskini

https://www.gazeteduvar.com.tr/turkiye/2019/10/19/nurcan-baysalin-evine-polis-baskini/

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

 

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.

Link(s):

https://bianet.org/bianet/ifade-ozgurlugu/214586-cocuklara-idam-ipini-yazan-gazeteciye-tazminat-cezasi

https://ilerihaber.org/icerik/gazeteci-tugba-ozere-yaptigi-haberden-dolayi-5-bin-tl-para-cezasi-verildi-104990.html

https://tele1.com.tr/cocuklara-idam-ipi-veren-degil-haberi-yazan-gazeteci-ceza-aldi-92814/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

 

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.

Link(s):

http://bianet.org/bianet/ifade-ozgurlugu/214244-birgun-gazetesi-internet-sorumlusu-hakan-demir-e-gozalti

https://www.birgun.net/haber/gozaltina-alinan-gazetemizin-internet-sorumlusu-hakan-demir-serbest-birakildi-271945

https://t24.com.tr/haber/bir-gun-gazetesi-internet-sorumlusu-hakan-demir-gozaltina-alindi,843105

Categories: Criminal Charges / Fines / Sentences

Source of violation: Police / State security

 

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.

Link(s):

http://www.diken.com.tr/dikenin-sorumlu-yaziisleri-muduru-fatih-gokhan-diler-gozaltina-alindi/

https://www.gercekgundem.com/medya/125294/gozaltina-alinan-diken-editoru-fatih-gokhan-diler-serbest-birakildi

https://t24.com.tr/haber/diken-in-sorumlu-yaziisleri-muduru-fatih-gokhan-diler-gozaltina-alindi,843154

Categories: Criminal Charges / Fines / Sentences

Source of violation: Police / State security

 

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.

Link(s):

https://www.yeniyasamgazetesi.com/gazeteci-beritan-canozerin-evi-basildi/

http://bianet.org/english/law/214312-journalist-beritan-canozer-s-house-raided-over-social-media-posts

https://www.evrensel.net/haber/388667/sosyal-medya-operasyonlari-gazeteci-beritan-canozerin-evine-baskin

Categories: Criminal Charges / Fines / Sentences

Source of violation: Police / State security

 

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.

Link(s):

https://www.aa.com.tr/tr/baris-pinari-harekati/rtukten-baris-pinari-harekati-icin-hassasiyet-cagrisi/1609231

http://www.yeniyasamgazetesi1.com/rtukten-susturma-aciklamasi/

http://susma24.com/blog/2019/10/11/rtuk-harekat-aleyhindeki-yayinlar-hizlica-susturulmaktadir/

Categories: Censorship – Other Serious Issues

Source of violation: Government / State Agency / Public official(s) / Political party

 

Evrensel columnist faces investigation for column about First Lady

7 October 2019 – Evrensel writer Ender İmrek is facing an investigation over a column he wrote about First Lady Emine Erdoğan, the newspaper reported.

First Lady Emine Erdoğan

The column titled “The Hermes bag was shining brightly” criticized the First Lady’s ostentatious display of wealth.

In a Twitter post, Imrek said he was called to testify at the police station over his column.

Link(s):

http://susma24.com/blog/2019/10/08/gazeteci-ender-imreke-sorusturma/

https://www.evrensel.net/haber/388407/emine-erdoganin-hermes-cantasini-yazan-ender-imreke-sorusturma

https://www.dusun-think.net/haberler/gazeteci-ender-imreke-sorusturma/

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1574865309697-99e30f8e-0394-5″ taxonomies=”35195″][/vc_column][/vc_row]

Turkey: Press freedom violations September 2019

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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.

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Evrensel Daily faces a fine of 200,000 Turkish lira

Evrensel Daily is being sued for 200,000 Turkish lira worth of compensation

27 September 2019 – Evrensel Daily has been sued for compensation by Serhat Albayrak, the head of one of Turkey’s largest media groups and the brother of Treasury and Finance Minister Berat Albayrak, who is also President Recep Tayyip Erdoğan’s son-in-law.

Serhat Albayrak is seeking 200,000 Turkish lira (nearly £27,000) in non-pecuniary damages over an article published in the newspaper on 7 April 2019. The article, “AKP’ye kim oy kaybettirdi?” (“Who is responsible for the slide in AKP’s vote?”), is alleged to have been written by Ceren Sözeri, a respected academic and media ethics lecturer.

The trial is due to begin on 4 March 2020 at the Istanbul Commercial Court of First Instance.

Link(s):

https://www.evrensel.net/haber/387636/serhat-albayrak-evrensele-200-bin-tllik-tazminat-davasi-acti

http://bianet.org/english/media/213595-serhat-albayrak-sues-daily-evrensel-demands-200-thousand-liras-for-damages

https://t24.com.tr/haber/serhat-albayrak-tan-evrensel-gazetesine-200-bin-liralik-tazminat-davasi,841094

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Two former Samanyolu TV staff members arrested 

17 September 2019 – Two former producers for the closed down TV station Samanyolu were arrested in Ankara, Anadolu Agency reported. An arrest warrant has been issued for a third former producer.

The warrants for their arrest were issued as part of an ongoing criminal investigation launched by the Ankara Chief Public Prosecutor’s Office against former employees of Samanyolu TV’s Ankara bureau on alleged links to “FETÖ/PDY” (Fethullahist Terrorist Organization/Parallel State Structure).

Link(s):

https://www.aa.com.tr/tr/turkiye/samanyolu-tvnin-eski-calisanlarina-feto-operasyonu/1586937

https://www.cnnturk.com/turkiye/samanyolu-tvnin-eski-calisanlarina-feto-operasyonu

https://www.medyaradar.com/samanyolu-tvnin-eski-calisanlarina-operasyon-haberi-2014162

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

Local chair of Journalist Association in Rize attacked

17 September 2019 – Gençağa Karafazlı, the local chairperson of Turkey’s Contemporary Journalists Association’s (ÇGD) branch in the Black Sea city of Rize, Evrensel reported.

Karafazlı was in a café in Rize when he was shot in the leg. The assailant dropped his gun and fled the scene in a taxi. Karafazlı subsequently was hospitalized.

Link(s):

https://www.evrensel.net/haber/387044/gazeteci-gencaga-karafazli-silahli-saldiriya-ugradi

http://gazetekarinca.com/2019/09/rizede-gazeteci-gencaga-karafazliya-silahli-saldiri/

https://www.haberturk.com/rize-haberleri/71914813-rizede-gazeteciye-silahli-saldiri

Categories: Physical Assault / Injury

Source of violation: Unknown

Former Taraf reporter Hüseyin Özkaya sentenced to 7 years in prison

17 September 2019 – Hüseyin Özkaya, a former reporter for the closed-down newspaper Taraf, was convicted of “membership in a terrorist organization”, Anadolu Agency reported. Özkaya was sentenced to 7 years and 6 months in prison by the 16th High Criminal Court of Ankara.

The indictment alleged that Özkaya used the encrypted messaging service ByLock, which Turkish authorities consider to be the primary communication tool between members of the Gülen movement. He was also accused of having deposited cash in Bank Asya, a bank considered to be run by the Gülen movement and where holding a deposit account has been widely used as evidence for the charge of membership in a terrorist organization.

 Link(s):

https://www.evrensel.net/haber/387019/taraf-gazetesi-muhabiri-huseyin-ozkayaya-7-5-yil-hapis-cezasi

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Veteran journalist Uğur Dündar sentenced to “reading books”

12 September 2019 – Veteran journalist Uğur Dündar was convicted of “insulting a public official” by a court in Istanbul over an article he wrote in 2014, online news website Bianet reported.

Journalist Uğur Dündar sentenced to “reading books”

The 2nd Criminal Court of First Instance of Küçükçekmece found Dündar guilty of “insulting” former Prime Minister Binali Yıldırım and handed down the journalist a prison sentence of 11 months and 20 days. The court did not defer the verdict. However, taking into account Dündar’s “age, personality, his social and financial status,” the court ruled to give an alternative sentence in the form of reading books and/or scholarly articles about “crimes against honor” at least two hours every week at university libraries for a period of five months and 25 days.

This was the retrial of a 2015 case, where the same court had sentenced Dündar to 11 months and 20 days on the “insult” charge. That ruling was later overturned by the Supreme Court of Appeals, which ordered a retrial.

Link(s):

http://m.bianet.org/bianet/ifade-ozgurlugu/212926-mahkemeden-hakaret-karari-ugur-dundar-haftada-2-saat-kitap-okuyacak

https://www.sozcu.com.tr/2019/yazarlar/ugur-dundar/kitap-okuma-cezasi-5331190/

http://www.diken.com.tr/ugur-dundara-kitap-okuma-cezasi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Oktay Candemir faces investigation over social media post

12 September 2019 – The Office of the Chief Public Prosecutor of Van has launched a criminal investigation against journalist Oktay Candemir on the allegation of “insulting the president,” Mezopotamya news agency reported. The accusations against Candemir are based on a social media post in which he shared photos of President Erdoğan and a comment.

Candemir recently gave his statement to a prosecutor in Van as part of the investigation.

Link(s):

http://mezopotamyaajansi20.com/tum-haberler/content/view/68974

https://www.gazeteduvar.com.tr/gundem/2019/09/13/gazeteci-candemire-cumhurbaskanina-hakaret-davasi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Evrensel’s former managing editor fined

12 September 2019 – Cem Şimşek, the former responsible managing editor of Evrensel daily, was sentenced to 41,666 Turkish Lira (around $ 7,300) for “failure to properly publish a retraction” on an article about the Treasury and Finance Minister Berat Albayrak, Evrensel reported.

The 2nd Criminal Court of First Instance of Bakırköy in Istanbul acquitted Şimşek of the charge of “insulting a public official” stemming from the article published in the newspaper in July 2018. However, the court fined both Şimşek and the newspaper’s owner, Cemal Dursun, for using “retraction” as title instead of title of the retraction itself, which said “Our response to daily Evrensel’s unsubstantial article on Berat Albayrak.” Berat Albayrak is also the son-in-law of President Recep Tayyip Erdoğan.

Link(s):

https://www.evrensel.net/haber/386645/evrensele-yayinladigi-tekzipten-41-bin-lira-para-cezasi

https://gazetekarinca.com/2019/09/gazeteci-cem-simseke-hem-para-cezasi-hem-de-beraat/

https://www.gazeteduvar.com.tr/gundem/2019/09/12/albayrak-tekzibinin-tekziptir-basligiyla-yayinlanmasina-ceza-verildi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Jin News reporter Melike Aydın given 15-month jail sentence

9 September 2019 – Jin News reporter Melike Aydın was sentenced to 15 months in prison on the charge of “disseminating propaganda for a terrorist organization,” online news website Gazete Karınca reported.

Aydın was facing a trial over a social media post from 2006. The Bayraklı 20th High Criminal Court in Izmir, which oversaw the trial, deferred Aydın’s sentence.

Link(s):

https://gazetekarinca.com/2019/09/gazeteci-melike-aydina-1-yil-3-ay-hapis-cezasi149717/

https://t24.com.tr/haber/gazeteci-melike-aydin-a-1-yil-3-ay-hapis-cezasi-verildi,838765

https://www.evrensel.net/haber/386415/jinnews-muhabiri-melike-aydina-1-yil-3-ay-hapis-cezasi

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Turkey’s media watchdog fines broadcaster

5 September 2019 – The Radio and Television Supreme Council (RTÜK) has fined private broadcaster TV5 over an interview with Etyen Mahçupyan, a journalist and ex-advisor of former Prime Minister Ahmet Davutoğlu, Susma platform reported. During the broadcast, Mahçupyan said an operation was carried out against Davutoğlu supporters within media through Serhat Albayrak, the owner of the biggest pro-government media group Turkuaz and brother of Treasury and Finance Minister Berat Albayrak. The latter is also the son-in-law of President Recep Tayyip Erdoğan. The operation had resulted in Serhat Albayrak becoming the most influential media tycoon of the country, Mahçupyan had added.

The media watchdog argued that Mahçupyan’s claims constituted a “defamation, blacklisting and breach of privacy.” “RTÜK concluded that [Mahçupyan’s statements] went beyond the boundaries of criticism and contained words that are degrading, defamatory and accusatory,” RTÜK said.

TV5, which only broadcasts on the Internet and private digital platforms, said it would appeal the decision. After serving as a prime minister for more than a year between 2015 and 2016, Davutoğlu fell off with the ruling Justice and Development Party (AKP). He was eventually expelled from the party on September 2019.

Link(s):

http://susma24.com/rtukten-tv5e-ceza/

https://t24.com.tr/haber/tv-5-e-pelikan-cezasi-2-defa-daha-pelikan-derse-yayin-lisansi-iptal-edilecek,838201

http://www.cumhuriyet.com.tr/haber/siyaset/1566615/TV5_te_Etyen_Mahcupyan_in__Pelikan__cikisina_RTUK_cezasi.html

Categories: Criminal Charges / Fines / Sentences

Source of violation: Government / State Agency / Public official(s) / Political party[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1571649978179-76d82e2e-9a49-3″ taxonomies=”35195″][/vc_column][/vc_row]

Turkey urged to halt its assault on media freedom and civil society

[vc_row][vc_column][vc_column_text]Item 4: General Debate

42nd Session of the UN Human Rights Council

Joint Statement delivered by ARTICLE 19 on behalf of a group of civil society organisations

Delivered by Lucy Bye

Mr. President, 

It is now over three years since the Turkish Government intensified its repressive crackdown against oppositional and dissenting voices in the country. This ongoing freedom of expression crisis demands the Council’s urgent attention. 

Although the State of Emergency was lifted in July 2018, the sweeping emergency decrees that enabled the government to pursue its unprecedented crackdown against the media and civil society have now effectively been absorbed into the ordinary legal framework. 

Since the 2016 coup attempt, at least 180 media outlets have been forcibly closed. Over 220,000 websites have been blocked. At least 132 journalists and media workers are behind bars, and hundreds more have been prosecuted as terrorists, solely for their journalistic work, in the absence of any credible or even individualised evidence.

The rule of law is being systematically dismantled. Trials are increasingly Kafkaesque as the executive’s grip on the judiciary has continued to tighten.  Journalists Ahmet and Mehmet Altan and Nazli Ilicak were initially forced to defend themselves against charges that they sent ‘subliminal messages’ in support of the coup attempt. Civil society activists and media workers have faced prosecution simply for allegedly downloading the secure communications app ‘Bylock’. In recent months, the government has even sought to rewrite history, charging 16 leading civil society figures who participated in the peaceful 2013 Gezi Park protests with attempting to overthrow the government. Osman Kavala is in his 24th month of pre-trial detention, in a flagrant violation of his fair trial rights.

Last week, whilst the convictions of six of his Cumhuriyet colleagues were overturned, Ahmet Şik was served new, unfounded charges including propaganda for a terrorist group and “insulting the Turkish state” that may see him sentenced to 30 years in prison. This judicial harassment follows a violent attack against Şik by police on 20 August, during a protest in front of an Istanbul Court against the dismissal of three opposition mayors in three cities in the South East. No one has yet been held accountable. 

We call on all States at this Council to use their voice and urge Turkey to change course, and take immediate steps to restore the rule of law, and end its assault on media freedom and civic space. 

I thank you, Mr. President. 

ARTICLE 19 

Cartoonists Rights Network International

Committee to Protect Journalists

European Centre for Press and Media Freedom (ECPMF)

Index on Censorship

OBC Transeuropa

European Federation of Journalists (EFJ)

PEN America

PEN International 

Norwegian PEN

English PEN 

Danish PEN

German PEN[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1568807394411-de70b9f5-94df-5″ taxonomies=”6534″][/vc_column][/vc_row]