Yavuz Baydar: “Judicial coup” sends clear warning to Turkey’s remaining independent journalists

Turkey's president, Recep Tayyip Erdoğan, during a state visit to Ecuador in February 2016. (Photo: Cancillería del Ecuador via flickr

Turkey’s president, Recep Tayyip Erdoğan, during a state visit to Ecuador in February 2016. (Photo: Cancillería del Ecuador via flickr)

Nothing could illustrate the course of developments in Turkey better than the case of prosecutor Murat Aydın.

In what was described as a “judicial coup” in critical media, Aydin was one of 3,746 judges and prosecutors, who were reassigned in recent days, an unprecedented move that has shaken the basis of the justice system. Some were demoted by being sent into internal “exile”, some were promoted.

According to daily Cumhuriyet, his pro-freedom stance landed him in the former group.

Aydin’s transgression was to challenge the Turkish Penal Code’s Article 299 — the basis of “insulting the president” cases — in the country’s constitutional court. He argued that Article 299 was unconstitutional and conflicted with the European Convention on Human Rights. He had asked the top court to void the article.

After the reshuffle, he was told he would now be handling cases in Trabzon on the Black Sea coast, clear across the country from İzmir on the Aegean, where he had been working.

“I was exiled because of the decisions I have made and my expressed views,” he told Cumhuriyet. ”The worst part is, there is no authority any longer where we seek these type of sanctions to be checked, where we can challenge unjust acts.”

Meanwhile, another prosecutor, Cevat İslek, who made his name  filing charges against journalists on the basis of “insulting the president” was promoted, Cumhuriyet noted, to the position as the deputy chief prosecutor in Ankara.

One wonders how such transfers are perceived by the public. Do Turks notice that the how the president, Recep Tayyip Erdoğan, and his AKP government are seizing control over the domain of expression through the imposition of large-scale punitive measures? Do they notice that this is taking place in defiance of the constitution, which defines the office of the president as being “impartial”?

The accelerated authoritarianism in Turkey — chiefly targeting media, academia and civil dissent — leaves nothing to chance. Though the media sector and its professionals remain top of the list for the president’s persecution, those who are seen as instrumental in filing and judging the court cases against them are also targets.

The issue has raised the alarm levels to new heights. In a recent report a global body of legal experts issued an “orange level” of concern on the state of the judiciary in Turkey, warning, after scrutinising the rising problems, that it is falling into total subordination of the executive.

”The ICJ remains concerned that transfers are being applied as a hidden form of disciplinary sanction and as a means to marginalize judges and prosecutors seen as unsupportive of government interests or objectives,” the Geneva-based International Commission of Jurists (ICJ) wrote in its report, Turkey: the Judicial System in Peril, which was prepared after a long series of talks with anonymous judges and prosecutors, among others.

“Many of those with whom the mission met noted that there are now unprecedented levels of pressure, division, distrust and fear in the Turkish judiciary. There are alarming signs that this has already led to manipulation of the judicial system on political grounds, including to target government opponents or to criminalize and prosecute criticism of the government. Of particular concern, is the high number of prosecutions for offences restricting freedom of expression, in particular for the offence of ‘insulting the president’.”

With the backbone of justice highly infected by partisanship, a “total eclipse” is looming and it becomes much easier to grasp the magnitude of oppression. “Insulting” cases may have risen above 2,000 since last year, but what is happening today is a multifaceted assault on freedom of speech and journalism as a whole.

Media monitoring organisations – Platform for Independent Journalism, Reporters Without Borders and Turkish Trade Union of Journalists – estimate that, now, the portion of media under direct and/or indirect control of the presidential palace and the AKP, is around 90%. This is corroborated by Mapping Media Freedom, which has recorded the litany of cuts against journalism.

The remnant segment of independent journalism operates, under great legal and financial strain, with dailies such as secular Cumhuriyet, liberal Özgür Düşünce, leftist Birgün and Evrensel, and Kurdish Özgür Gündem. On the TV side, the “capture” is even more severe: there are only three channels — Kurdish IMC TV, liberal CanErzincan and secular Halk TV — airing critical content.

But even such a weakened media segment seems to worry the authorities. The most recent meeting of the National Security Council, a powerful body symbolising state authority, ended with the endorsement that the battle against what the AKP sees as the “domestic enemies”, namely the Kurdish Political Movement and what Erdoğan depicts as “parallel structure” Gülenists, will be escalated.

Everybody knows what this refreshed announcement means: the remaining independent outlets will be criminalised by any means necessary. The latest developments indicate that the special office of prosecution on crimes against the constitution is preparing to launch inquiries against a number of outlets, chiefly targeting the Kurdish media. In other words, further closures may be expected to appear on the government’s agenda.

Along with the systematic arrests of more than 12 reporters of Dicle News Agency, which is almost the only source of news on what takes place during “scorched earth” operations in the mainly Kurdish southeastern provinces, the strongest sign on the media clampdown is the legal investigation filed against more than 15 well-known journalists — most of them non-Kurdish — who took part in an act of solidarity, “Chief Editors Vigil”, with the pro-Kurdish daily, Özgür Gündem.

The journalists are expected to be charged with “terrorist propaganda” under Turkey’s anti-terror law, which Erdoğan and the AKP government refuses to revise despite EU demands – a key criteria for visa liberalisation for Turkish citizens.

Nothing, it seems, will suffice to alter the authoritarian course Turkey has been taking and the price journalists and peaceful dissidents are forced to pay rises geometrically.

But nothing seems to stop the tiny-but-tough core of resistant journalists who continue to confront the Orwellian state as it consolidates itself under the nose of the pro-government and subservient media.


Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.

Danger in truth: truth in danger

FEATURING

Drawing pressure: Cartoons go under the hammer in support of Index on Censorship

Caption

Among the cartoons available in the auction are original artworks by Zulkiflee Anwar Haque (Zunar); Martin Rowson; Xavier Bonilla (Bonil); and Doaa El Adl (clockwise from top left).

Index on Censorship is delighted to announce the auction of an incredible collection of cartoons that celebrate the power of art to challenge suppression. The auction will help fund our work supporting persecuted writers and artists worldwide.

Make a new donation to Index before the end of December to receive a limited-edition postcard set of 10 cartoons created by some of the world’s top political cartoonists

Earlier this year, Index commissioned 10 of the world’s leading cartoonists to pen a work on the theme of free expression. The cartoons are powerful tributes to the role of art, drawn by world-renowned artists from every continent: from a US Pulitzer Prize winner to a Syrian cartoonist beaten in retaliation for his work.

Beginning Tuesday, 24 November 2015, bidders will be able to enter bids for hand-drawn artwork by:

Xavier Bonilla (Bonil) – Ecuador
Regularly denounced, threatened and fined, Ecuador’s Bonil has earned the title “the pursued cartoonist” for his work. For 30 years he has critiqued, lampooned and ruffled the feathers of Ecuador’s political leaders, in the process earning a reputation as one of the wittiest and most fearless cartoonists in South America.

Kevin Kallaugher (Kal) – United States
US artist Kal is the editorial cartoonist for The Economist and The Baltimore Sun and his work has appeared in more than 100 publications worldwide including Le Monde, Der Spiegel, The International Herald Tribune, The New York Times, Time, Newsweek, and The Washington Post. He has won numerous awards, including the 2014 Grand Prix for Cartoon of the Year.

Signe Wilkinson (Signe) – United States
The first woman to win the Pulitzer Prize for Editorial Cartooning, Signe has won several other awards for her work. She comments on topical political issues and is best known for her daily cartoons in The Philadelphia Daily News.

Jean Plantureux (Plantu) – France
Plantu is the chief cartoonist for France’s Le Monde and founder of Cartooning for Peace, a global network of cartoonists. This drawing is a rare, signed copy of the world-famous cartoon Plantu drew for Le Monde the day after the attack on Charlie Hebdo.

Martin Rowson – UK
A former Cartoonist Laureate, political satirist Martin Rowson contributes cartoons to The Guardian and the Daily Mirror as well as Index on Censorship magazine. His work has earned him several awards, including the prize for the Best Humour and Satire Book of the Year at this year’s Political Book Awards.

Ali Farzat – Syria
Ali Farzat, a former Index on Censorship Freedom of Expression Award winner, came to global attention in 2011 when he was pulled from his car and beaten by Syrian security forces who broke both his hands. When Kuwaiti authorities closed the offices of his newspaper, Al-Watan, earlier this year Ferzat was forced to buy new materials and redrew this cartoon for us from scratch.

Doaa El Adl (Doaa) – Egypt
Doaa is a celebrated female artist in the Arab world – well know for her fearless political work. She has often tackled freedom of speech, human rights and women’s rights issues, wining numerous awards as well as controversy and even charges of blasphemy for her work.

Zulkiflee Anwar Haque (Zunar) – Malaysia
Zunar is an award-winning Malaysian political cartoonist who has been repeatedly targeted by authorities. Five of his cartoon books have been banned by the Malaysian government for carrying content “detrimental to public order” and thousands confiscated. He is currently facing up to 43 years in jail for mocking the government.

David Rowe – Australia
A three-time winner of the Stanley Award for Australia’s Cartoonist of the Year, David Rowe has worked for the Australian Financial Review for 22 years. Rowe’s bright and colourful watercolours are famously merciless.

Damien Glez – (Glez) – Burkina Faso
Glez’s cartoons regularly appear across three continents, including his own weekly satirical newspaper in Burkina Faso: Le Journal du Jeudi . He co-created pan-African monthly satirical Le Marabout, writes his own comic strip Divine Comedy and has won numerous awards internationally..

Bids must be placed by noon on Monday, 14 December 2015.

The auction is being hosted by Givergy.

Letter: Academic freedom is under threat and needs urgent protection

The summer 2015 issue of Index on Censorship magazine focusing on academic freedom will be available from 12 June.

The summer 2015 issue of Index on Censorship magazine focusing on academic freedom will be available from 12 June.

With threats ranging from “no-platforming” controversial speakers, to governments trying to suppress critical voices, and corporate controls on research funding, academics and writers from across the world have signed Index on Censorship’s open letter on why academic freedom needs urgent protection.

Academic freedom is the theme of a special report in the summer issue of Index on Censorship magazine, featuring a series of case studies and research, including stories of how setting an exam question in Turkey led to death threats for one professor, to lecturers in Ukraine having to prove their patriotism to a committee, and state forces storming universities in Mexico. It also looks at how fears of offence and extremism are being used to shut down debate in the UK and United States, with conferences being cancelled and “trigger warnings” proposed to flag potentially offensive content.


Summer 2015: Is academic freedom being eroded?

Editorial: Shades of McCarthyism as global academic freedom challenged
Open letter: Academic freedom is under threat and needs urgent protection
Fear of terror and offence pushing criticial voices out of UK universities
Table of contents
Subscriptions


Signatories on the open letter include authors AC Grayling, Monica Ali, Kamila Shamsie and Julian Baggini; Jim Al-Khalili (University of Surrey), Sarah Churchwell (University of East Anglia), Thomas Docherty (University of Warwick), Michael Foley (Dublin Institute of Technology), Richard Sambrook (Cardiff University), Alan M. Dershowitz (Harvard Law School), Donald Downs (University of Wisconsin-Madison), Professor Glenn Reynolds (University of Tennessee), Adam Habib (vice chancellor, University of the Witwatersrand), Max Price (vice chancellor of University of Cape Town), Jean-Paul Marthoz (Université Catholique de Louvain), Esra Arsan (Istanbul Bilgi University) and Rossana Reguillo (ITESO University, Mexico).

The letter states:

We the undersigned believe that academic freedom is under threat across the world from Turkey to China to the USA. In Mexico academics face death threats, in Turkey they are being threatened for teaching areas of research that the government doesn’t agree with. We feel strongly that the freedom to study, research and debate issues from different perspectives is vital to growing the world’s knowledge and to our better understanding. Throughout history, the world’s universities have been places where people push the boundaries of knowledge, find out more, and make new discoveries.  Without the freedom to study, research and teach, the world would be a poorer place. Not only would fewer discoveries be made, but we will lose understanding of our history, and our modern world. Academic freedom needs to be defended from government, commercial and religious pressure.

Index will also be hosting a debate in London, Silenced on Campus, on 1 July, with panellists including journalist Julie Bindel, Nicola Dandridge of Universities UK, and Greg Lukianoff, president and CEO of Foundation for Individual Rights in Education, US.

To attend for free, register here.

If you would like to add your name to the open letter, email [email protected]

A full list of signatories:

Professor Mike Adams, University of North Carolina, Wilmington, USA

Monica Ali, author

Lyell Asher, associate professor, Lewis & Clark College, USA

Professor Jim Al-Khalili OBE, University of Surrey, UK

Esra Arsan, associate professor, Istanbul Bilgi University, Turkey

Julian Baggini, author

Professor Mark Bauerlein, Emory University, USA

David S. Bernstein, publisher, USA

Robert Bionaz, associate professor, Chicago State University, USA

Susan Blackmore, visiting professor, University of Plymouth, UK

Professor Jan Blits, professor emeritus, University of Delaware, USA

Professor Enikö Bollobás, Eötvös Loránd University, Hungary

Professor Roberto Briceño-León, LACSO, Caracas, Venezuela

Simon Callow, actor

Professor Sarah Churchwell, University of East Anglia, UK

Professor Martin Conboy, University of Sheffield, UK

Professor Thomas Cushman, Wellesley College, USA

Professor Antoon De Baets, University of Groningen, Holland

Professor Alan M Dershowitz, Harvard Law School, USA

Rick Doblin, Association for Psychedelic Studies, USA

Professor Thomas Docherty, University of Warwick, UK

Professor Donald Downs, University of Wisconsin-Madison, USA

Professor Alice Dreger, Northwestern University, USA

Michael Foley, lecturer, Dublin Institute of Technology, Ireland

Professor Tadhg Foley, National University of Ireland, Galway, Ireland

Nick Foster, programme director, University of Leicester, UK

Professor Chris Frost, Liverpool John Moores University, UK

AC Grayling, author

Professor Randi Gressgård, University of Bergen, Norway

Professor Adam Habib, vice-chancellor, University of Witwatersrand, Johannesburg, South Africa

Professor Gerard Harbison, University of Nebraska-Lincoln

Adam Hart Davis, author and academic, UK

Professor Jonathan Haidt, NYU-Stern School of Business, USA

John Earl Haynes, retired political historian, Washington, USA

Professor Gary Holden, New York University, USA

Professor Mickey Huff, Diablo Valley College, USA

Professor David G. Hoopes, California State University, USA

Philo Ikonya, poet

James Ivers, lecturer, Eastern Michigan University, USA

Rachael Jolley, editor, Index on Censorship

Lee Jones, senior lecturer, Queen Mary University of London, UK

Stephen Kershnar, distinguished teaching professor, State University of New York, Fredonia, USA

Professor Laura Kipnis, Northwestern University, USA

Ian Kilroy, lecturer, Dublin Institute of Technology, Ireland

Val Larsen, associate professor, James Madison University, USA

Wendy Law-Yone, author

Professor Michel Levi, Universidad Andina Simón Bolívar, Ecuador

Professor John Wesley Lowery, Indiana University of Pennsylvania, USA

Greg Lukianoff, president and chief executive, Foundation for Individual Rights in Education (Fire), USA

Professor Tetyana Malyarenko, Donetsk State Management University, Ukraine

Ziyad Marar, global publishing director, Sage

Charlie Martin, editor PJ Media, UK

Jean-Paul Marthoz, senior lecturer, Université Catholique de Louvain, Belgium

Professor Alan Maryon-Davis, King’s College London, UK

John McAdams, associate professor, Marquette University, USA

Timothy McGuire, associate professor, Sam Houston State University, USA

Professor Tim McGettigan, Colorado State University, USA

Professor Lucia Melgar, professor in literature and gender studies, Mexico

Helmuth A. Niederle, writer and translator, Germany

Professor Michael G. Noll, Valdosta State University, USA

Undule Mwakasungula, human rights defender, Malawi

Maureen O’Connor, lecturer, University College Cork,  Ireland

Professor Niamh O’Sullivan, curator of Ireland’s Great Hunger Museum, and Quinnipiac University, Connecticut, USA

Behlül Özkan, associate professor, Marmara University, Turkey

Suhrith Parthasarathy, journalist, India

Professor Julian Petley, Brunel University, UK

Jammie Price, writer and former professor, Appalachian State University, USA

Max Price, vice-chancellor, University of Cape Town, South Africa

Clive Priddle, publisher, Public Affairs

Professor Rossana Reguillo, ITESO University, Mexico

Professor Glenn Reynolds, University of Tennessee College of Law, USA

Professor Matthew Rimmer, Queensland University of Technology, Australia

Professor Paul H. Rubin, Emory University, USA

Andrew Sabl, visiting professor, Yale University, USA

Alain Saint-Saëns, director,Universidad Del Norte, Paraguay

Professor Richard Sambrook, Cardiff University, UK

Luís António Santos, University of Minho, Portugal

Professor Francis Schmidt, Bergen Community College, USA

Albert Schram, vice chancellor/CEO, Papua New Guinea University of Technology

Victoria H F Scott, independent scholar, Canada

Kamila Shamsie, author

Harvey Silverglate, lawyer and writer, Massachusetts, USA

William Sjostrom, director and senior lecturer, University College Cork, Ireland

Suzanne Sisley, University of Arizona College of Medicine, USA

Chip Stewart, associate dean of the Bob Schieffer College of Communication, Texas Christian University, USA

Professor Nadine Strossen,  New York Law School, USA

Professor Dawn Tawwater, Austin Community College, USA

Serhat Tanyolacar, visiting assistant professor, University of Iowa, USA

Professor John Tooby, University of California, USA

Meena Vari, Srishti Institute of Art, Design and Technology, Bangalore, India

Professor Leland Van den Daele, California Institute of Integral Studies, USA

Professor Eugene Volokh, UCLA School of Law, USA

Catherine Walsh, poet and teacher, Ireland

Christie Watson, author

Ray Wilson, author

Professor James Winter, University of Windsor, Canada

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