Interpol: The abuse of red notices is bad news for critical journalists

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Interpol 86th general assembly

Interpol 86th general assembly (Credit: Interpol)

Red notices have become a tool of political abuse by oppressive regimes. Since August, at least six journalists have been targeted across Europe by international arrest warrants issued by Turkey, Azerbaijan, Uzbekistan and Kazakhstan.

“The use of the Interpol system to target journalists is a serious breach of media freedom. Interpol’s own constitution bars it from interventions that are political in nature. In all of these cases, the accusations against the journalists are politically motivated,” Hannah Machlin, project manager for Index on Censorship’s Mapping Media Freedom, said.

In the most recent case on 21 October, journalist and blogger Zhanara Akhmet from Kazakhstan was detained in Ukraine on an Interpol warrant and is currently in a temporary detention facility. Akhmet claims this red notice is politically motivated.

The journalist worked for an opposition newspaper, the Tribune, in Kazakhstan as well as documented human rights violations by the Kazakh authorities on a blog.

On 14 October, also in Ukraine, Azerbaijani opposition journalist Fikret Huseynli was detained at Kyiv Boryspil Airport.

Huseynli sought refuge in the Netherlands in 2006 and was granted citizenship two years ago. While leaving Ukraine, the journalist was stopped by Interpol police with a red notice issued at the request of the Azerbaijani authorities. He has been charged with fraud and illegal border crossing.

Because Huseynli holds a Dutch passport, he cannot be forcibly extradited to Azerbaijan, but he told colleagues he fears attempts to abduct him.

“The arrest of the Azerbaijani opposition journalist by the Ukrainian authorities at the request of the authoritarian government of Azerbaijan is a serious blow to the common European values such as protection of freedom of expression, which Ukraine has committed itself to respect as part of its membership in the Council of Europe and the OSCE,” IRFS CEO Emin Huseynov said.

On 17 October, Boryspil City District Court ruled to imprison Huseynli for 18 days at a pre-trial detention centre, Huseynli’s lawyer announced.

Huseynli’s arrest was the second time in a month that a journalist has been detained in Ukraine on a red notice.

On 20 September, authorities detained journalist Narzullo Okhunjonov, who had been seeking political asylum in Ukraine, under an Interpol red notice when he arrived from Turkey with his family. Okhunjonov writes from exile for sites including BBC Uzbek on Uzbekistan’s authoritarian government. Uzbekistan filed the international arrest warrant for the journalist on fraud charges. He denies the charges against him.

Five days after he was detained, a Kyiv court sentenced Okhunjonov to a 40-day detention while they decide whether to extradite him to his home country.  [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right” link=”url:https%3A%2F%2Fmappingmediafreedom.org%2F%23%2F|||”][/vc_column][vc_column width=”3/4″][vc_column_text]

Index on Censorship monitors press freedom in 42 European countries through its Mapping Media Freedom database.

Since 24 May 2014, Mapping Media Freedom’s team of correspondents have recorded and verified 3,597 violations against journalists and media outlets.

Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Interpol warrants have also been issued in Spain.

Turkish journalist Doğan Akhanlı was detained while on vacation in Spain on 9 August. The journalist has lived in Cologne since 1992 where he writes about human rights issues, particularly the Armenian Genocide, which Turkey denies.

Turkey charged Akhanlı with armed robbery which supposedly occurred in 1989. After the charges were brought against him in 2010 and he was acquitted in 2011, the Supreme Court of Appeals overturned his acquittal and a re-trial began. Akhanlı faces “life without parole”.

Two weeks later, Interpol removed the warrant and Akhanlı was released. The decision was made after German chancellor Angela Merkel denounced the abuse of the Interpol police agency: “It is not right and I’m very glad that Spain has now released him. We must not misuse international organisations like Interpol for such purposes.”

Markel claimed Erdogan’s use of the international agency for political purposes was “unacceptable”.

Akhanlı’s detention came two weeks after Turkish journalist Hamza Yalçın was detained on 3 August at El Prat airport in Barcelona, where he was vacationing, Cumhuriyet reported. He holds a Swedish passport and has sought asylum there since 1984.

Yalçın is being accused of “insulting the Turkish president” and spreading “terror propaganda” for Odak magazine of which he was the chief columnist, according to a report by Evrensel.

Like Ukraine, Spain’s member state status in the Council of Europe also arises the question of their activity in the arrests of Akhanlı and Yalçın. “The latest cases of arrests of journalists in Ukraine and Spain on the basis of Interpol red notices … have extremely worrying implications for press freedom,” Rebecca Vincent UK Bureau Director for Reporters Without Borders, said. “Interpol reform is long overdue, and is becoming increasingly urgent as critical journalists are now at risk travelling even in Council of Europe member states”.

Turkey’s recent continued persecution of journalists through Interpol also reached as far as Germany. A Turkish prosecutor has requested the Turkish government issue a red notice through Interpol though it is unclear if it went through.

On 28 September 2017, the Diyarbakir Prosecutor’s Office filed an application to seek an Interpol red notice for Can Dündar, the former Editor-in-chief of Turkey’s anti-regime newspaper, Cumhuriyet. The demand for a red notice is based on a speech made by Dündar in April 2016, supposedly supporting the “terror propaganda” of the outlawed Kurdistan Workers’ Party (PKK).

Dündar fled Turkey for Germany in 2016.

On the same day, Peace Research Institute Oslo (PRIO) nominated Dündar and the Cumhuriyet newspaper for the Nobel Peace Prize.

“Turkey is no exception to using this system just as is Russia, Iran, Syria, and its close neighbour and ally Azerbaijan among other governments, where political direction does not necessarily align with democracy, respect for human rights and basic freedoms,” Arzu Geybulla, an Azerbaijani journalist and human rights activist said. “Targeting its citizens who have escaped persecution and have been forced to flee as a result of their opinions, is a worrying sign especially at a time, when over 160 journalists are currently behind bars in Turkey and thousands of people have lost their jobs, been arrested or currently face trials in the aftermath of the July coup.”

Although PACE has adopted a resolution condemning the abuses of Interpol red notices, a review of Interpol’s red notice procedure has yet to be adopted. Amid criticism from human rights activists, journalists, and even leaders like Angela Merkel, it is unclear if Interpol will make a change to their red notice regulations.[/vc_column_text][vc_row_inner][vc_column_inner][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1509034712367-374920af-c5df-6″ taxonomies=”6564″][/vc_column][/vc_row]

Turkey: Court rules that Cumhuriyet journalists will remain under arrest

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The trial of Cumhuriyet journalists and executives resumed on 11 September. The Istanbul 27th High Criminal Court issued an interim ruling to keep five defendants in prison.

These are: editor-in-chief Murat Sabuncu, president of the Cumhuriyet Executive Board and lawyer Akın Atalay, columnist and publications advisor Kadri Gürsel, reporter Ahmet Şık, accountant Emre İper and Ahmet Kemal Aydoğdu — a teacher unrelated to Cumhuriyet who is on trial on the basis of tweets he made — will remain under arrest.

The interim decision was in keeping with the prosecutor’s request for the continued imprisonment of the suspects on the grounds that the suspects might “obscure evidence” and are a “flight risk”.

“The charges holding Cumhuryiet journalists in prison a political attempt to silence one of Turkey’s oldest independent media outlets,” said Hannah Machlin, project manager for Index on Censorship’s Mapping Media Freedom project. “The decision to keep the five staff members behind bars is shameful yet indicative of Erdogan’s regime disregard for fundamental human rights.”

Emre İper, an accountant for Cumhuriyet who was arrested on 19 April on charges of using ByLock — an encrypted messages app allegedly used by the Fethullah Gülen network, the groups the Turkish authorities say was behind last year’s coup attempt — delivered his defence statement for the first time. Rejecting the allegation that he used ByLock, İper denies both that he used ByLock and that he is a member of a terrorist organisation.

“I would rather be held for an entire lifetime without any questioning than be held on FETÖ charges for just a single day,” he said. FETÖ — an acronym for Fetullahist Terrorist Organiation– is the name used for the Fethullah Gülen network by Turkish authorities. “I would like my acquittal from this shameful accusation,” he added.

Witnesses whose statements were included in the indictment delivered testimony in the trial. The session, which began at 10.30am, lasted until late in the evening.

Witnesses included İbrahim Yıldız, former editor-in-chief of the newspaper, its current news coordinator Aykut Küçükkaya, former Cumhuriyet Foundation board member Nevzat Tüfekçioğlu, Cumhuriyet reporter Miyase İlknur, Cumhuriyet columnist Şükran Soner, Cumhuriyet Foundation’s former accountant and executive Mustafa Pamukoğlu and former Cumhuriyet Foundation executive İnan Kıraç.

Most did not testify against the defendants, saying that they had voiced criticism of how the foundation was managed but did not agree with the terror charges levelled at the defendants.

Journalist Kadri Gürsel, who spoke at the hearing, said his defence statement was ignored by the authorities, asserting that his right to a fair trial had been violated.

He also denied claims that he had talked to people who used ByLock. He said most of these accusations stemmed from calls or SMS messages received from ByLock users, whose calls had gone unanswered.

Phone records also show, Gürsel said, that the last ByLock user who called him had phoned him six-and-a-half months prior to his employment at Cumhuriyet.

“I think I might be the only person under arrest in these media trials who was locked up for having been contacted by people who used ByLock,” he said. “The reason why I am being tried here is not because ByLock users contact me; it is because I am a critical journalist. I am being tried for my thoughts and journalistic activities. My only hope is for a fair trial.”

“I have a clean conscience regardless of what decision comes out of this trial,” Gürsel added.

Murat Sabuncu said he had spent ten-and-a-half of the 12 months he served as editor-in-chief in prison. He said the expert witness of the prosecution had never worked as a journalist and whose age was the same as the number of years he worked as a journalist.

“This trial will go down in the history of free speech as a dark stain,” he said. “We will continue to defend free speech for all journalists in Turkey, even if we spend more time in prison.”

Cumhuriyet reporter Ahmet Şık said: “I was arrested on charges of spreading propaganda for FETÖ, Revolutionary People’s Liberation Party Front (DHKP-C) and the Kurdistan Workers’ Party (PKK), and later my case was merged with this trial. The public likely thought it was being taken for a fool because of the FETÖ allegation and so this charge was dropped and I was officially charged with spreading propaganda for the PKK and the DHKP-C.”

Akın Atalay, who also spoke in the trial, said the case was a clear “picture of the democratic level Turkey was taken to.”

The trial was adjourned until 25 September. The next hearing will be heard at the Çağlayan Courtroom in central Istanbul. The presiding judge said remaining witnesses will be heard in the next trial, after which the court will be able to make a “sounder decision.”[/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:1505391157742-86c58a19-9172-3″ taxonomies=”8607″][/vc_column][/vc_row]

Cumhuriyet: A pained history of suppression, assassinations and betrayal

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“Of course I am afraid. Only a fool wouldn’t be afraid at such a time,” said Ali Sirmen, a veteran journalist who has spent decades working at Cumhuriyet, whose writers and executives — five of whom remain imprisoned — are on trial facing terror charges.

This is not the first time journalists from Cumhuriyet have faced trial. The newspaper’s long history — it was founded in 1924 and christened by none other than the republic’s founder Mustafa Kemal Atatürk; “cumhuriyet” is the Turkish word for republic —  is one of “prisons and clampdowns” according to Cumhuriyet’s own wording. The newspaper has been shut down many times, many of its employees imprisoned and six of them were murdered over the course of its 93-year long history.

The 78-year-old Sirmen first started at Cumhuriyet in 1974 and wrote for the newspaper until 1991, when he walked with 80 other journalists in protest of the editorial line adopted by then editor-in-chief Hasan Cemal. After a seven year stint at the then-mainstream Milliyet, Sirmen returned to Cumhuriyet in 1998.

Sirmen was imprisoned both after the 12 March 1971 and 12 September 1980 military coups for his writing. He has seen both civilian and military prisons. He was eventually acquitted both times, but only after serving time in prison.

“If I had stayed 20 more days in prison in the 12 September period, I would have completed the sentence they were seeking for me,” he remembers. “The practice of pretrial detention as punishment for journalists started in those times,” Sirmen said.

Keeping up appearances

According to Sirmen, trial proceedings of military eras were mostly a show, but they were still less farcical than the courtrooms of post-15 July Turkey. “They [the courts of military rule periods] at least tried to keep up appearances. They abided by established procedures; here, there is no such concern at all.”

“As someone who knows the prisons of the coup periods, I have said many times that the situation is much worse today. For example, when I was acquitted in the Madanoğlu trial [in which Sirmen was accused of supporting a failed coup in 1971] the Military Court of Cassation overruled our convictions twice in spite of pressure from the military regime. Can such a thing happen today?” he asked.

Hasan Cemal, the editor-in-chief whom Sirmen walked out on in 1991, agrees. “Cumhuriyet was shut down during both coup periods; saw immense levels of crackdowns, its writers were imprisoned many times, but not to the extent that we see today.”

Like Sirmen, Cemal agrees that the judiciary tried to act in compliance with the law despite pressure. “There was no rule of law in the 12 September period; true, but to a certain extent, there was a state that heeded laws. We don’t have that anymore.”

A secular, forward-looking newspaper

But Cemal doesn’t believe in comparisons. “It might be misleading comparing one grievance with another. If journalism is considered a crime in our day, if freedom of expression is being trampled under feet, if the media today has only one voice, what good would it do to compare this horrible situation with the 12 March or 12 September period?”

Although the two journalists might have locked horns in the past, both name “belief in democracy, secularism and the rule of law” as the definitive values which Cumhuriyet stands for. Both of them also agree that it is precisely why the newspaper, which is doing poorly both financially and in terms of circulation, has come under attack. Why would anyone bother to silence an apparently moribund newspaper?

“The way Cumhuriyet views secularism, democracy, the supremacy of law, freedoms and human rights; its face is turned towards the west; all of these are unacceptable for the Erdoğan mentality. Because if Cumhuriyet is the west, then Erdoğan is the east,” according to Cemal. [/vc_column_text][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][/vc_column][vc_column width=”1/2″][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Media freedom is under threat worldwide. Journalists are threatened, jailed and even killed simply for doing their job.” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fcampaigns%2Fpress-regulation%2F|||”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship monitors media freedom in Turkey and 41 other European area nations.

As of 8/9/2017, there were 522 verified violations of press freedom associated with Turkey in the Mapping Media Freedom database.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship campaigns against laws that stifle journalists’ work. We also publish an award-winning magazine featuring work by and about censored journalists. Support our work today.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_separator color=”vista_blue”][vc_column_text]A game of thrones

The incident in which dozens of writers left Cumhuriyet en masse in protest of Cemal in 1991 was not the first episode of ideological shifts in the newspaper’s history manifested as a show-down. In fact, the newspaper is notorious for infighting, which, this time, gave the prosecutors material to base the current trial on. In fact, two reporters whose testimonies were included in the indictment still work at the newspaper and they will testify in Monday’s trial.

On 2 April 2013, the Cumhuriyet Foundation — which appoints the editor-in-chief of the newspaper — saw a change of guard: a more liberal group, as opposed to the traditionally hard-line Kemalist executives, was elected to the seats on the foundation’s executive board.  Testimony from some of the former board members are also included in the indictment, and these individuals will also testify — most likely against the defendants — in the hearings that begin on 11 September.

The new foundation team, the prosecutor says, hired columnists and allowed reporting that served the purposes of the Fethullah Gülen Network, which is referred to as a terrorist organisation by Turkish courts.

A legal battle over the foundation’s leadership is still ongoing and pro-government media has openly sided with the old guard at Cumhuriyet. That is a separate case, but Cumhuriyet being forcefully returned to its previous executives is not a far-fetched possibility.

A brief history of government pressure on Cumhuriyet

Detentions and arrests

Detention and imprisonment of Cumhuriyet journalists go back a long way. In one of the notable cases in 1962, contributor Şadi Alkılıç and editor Kayhan Sağlamer were arrested and imprisoned over an article published in Cumhuriyet praising socialism. Alkılıç was acquitted in 1967 after a higher court overruled his sentence handed down over socialism propaganda.

İlhan Selçuk, one of the newspaper’s iconic names, who was also the founder of the Cumhuriyet Foundation, and the then editor-in-chief of the newspaper, Oktay Kurtböke, and several other Cumhuriyet writers were detained after the 12 March 1971 coup d’état — along with several others. Selçuk was subject to torture in prison in this period, where he and his fellow defendants were accused of supporting a failed coup attempt that would have taken place three days prior to the actual coup.

Ali Sirmen, Erdal Atabek and Ataol Behramoğlu were imprisoned by the courts of the 1982 military regime for membership of the left-wing Peace Association.

More recently, in 2008, the newspaper’s Ankara Bureau Chief Mustafa Balbay was imprisoned in an investigation into Ergenekon, a behind-the-scenes network which allegedly plotted to overthrow the AKP government, according to the prosecutor. Columnist Erol Manisalı was also arrested in the same investigation in 2009; he was released after three months in prison. İlhan Selçuk was also detained in the same investigation.

In May 2016, the newspaper’s former editor-in-chief Can Dündar and Ankara Bureau Chief Erdem Gül were arrested over a news story which suggested that the Turkish government sent weapons and ammunition to armed jihadist groups in Syria.

Outside the current case, Oğuz Güven, editor of the newspaper’s internet edition, was imprisoned for a month when for a headline cumhuriyet.com.tr used describing the accidental death of a prosecutor who led investigations into the 15 July 2016 failed coup.

Closures:

The newspaper was shut down for the first time on October 29 1934 for 10 days. Then it was shuttered for 90 days in 1940 over its publications that went against the official line of the government. After the 12 March 1971 coup d’état, it was shuttered for 10 days. It was shut down twice following the September 12 1980 coup d’état in Turkey by the military junta, first over an article by İlhan Selçuk, which praised “Kemalizm” and later over a book written by the newspaper’s chief columnist and owner  Nadir Nadi.

Assassinations:

Cumhuriyet journalists have also faced fatal attacks. Six Cumhruiyet journalists, all of whom were known for their staunch secularist views, have been killed since 1978. Columnist Server Tanilli, an Istanbul University academic, was left paralysed following an armed attack on 7 April 1978.  Cumhuriyet columnist Cavit Orhan Tütengil was assassinated on 7 December 1979 while waiting for a public bus.

The newspaper also took its share of the violence at the height of Turkey’s unsolved murders — which are commonly believed to be state sponsored– in the 1990s. Columnist Muammer Aksoy, who was also the president of the Atatürkist Thought Assassination, was shot dead while he was on his way home in Ankara in 1990. Socialist columnist Bahriye Üçok was killed by a bomb package sent to her house on 6 October 1990. Investigative journalist Uğur Mumcu was killed when a bomb placed in his car detonated on Jan. 24, 1993. Columnist Onat Kutlar died as a result of injuries sustained also in a bomb attack on 30 December 1994. Cumhuriyet’s  Ahmet Taner Kışlalı was also killed in front of his house in a bomb attack in 1999.[/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:1504883275252-0c531056-a363-8″ taxonomies=”7790″][/vc_column][/vc_row]

Turkey: Rights groups to monitor criminal trial against journalists accused of participating in coup

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Journalist Ahmet Altan is charged with inserting subliminal messages in support of the failed 15 July coup in Turkey.

Journalist Ahmet Altan is charged with inserting subliminal messages in support of the failed 15 July coup in Turkey.

On 19 June, the first hearing will take place in a trial concerning 17 defendants, including a number of journalists. Among the defendants are prominent novelists and political commentators, Ahmet Altan, Mehmet Altan and Nazlı Ilıcak. The case is the first trial of journalists accused of taking part in last year’s failed coup

The case is the first trial of journalists accused of taking part in last year’s failed coup attempt and may shed light on how the courts will approach numerous cases concerning the right to freedom of expression and the right to a fair trial under the state of emergency.

Representatives of Article 19, Amnesty International, Index on Censorship, Norwegian PEN and PEN International will be attending the hearing in order to demonstrate solidarity with the defendants, and with media freedom more broadly in Turkey. The Bar Human Rights Committee of England and Wales and the International Senior Lawyers Project are also sending observers to the hearing.

The charges against the accused are detailed in a 247-page long indictment which identifies President Erdogan and the Turkish government as the victims. Defendants Ahmet Altan, Mehmet Altan and Nazlı Ilıcak are charged with “attempting to overthrow the Turkish Grand National Assembly”, “attempting to overthrow the Government of Turkey”, “attempting to abolish the Constitutional order” and “Committing crimes on behalf of an armed terrorist organisation without being a member”. The remaining defendants are additionally charged with “membership of a terrorist organisation”, in reference to the Gülen movement who the Turkish government accuses of having orchestrated the coup attempt.

The majority of those on trial are either currently in exile or have been held in pre-trial detention for almost 10 months.  On 14 June, the European Court of Human Rights wrote to the Turkish government requesting its response to a number of questions to determine whether the human rights of seven detained journalists, including the Altans and Nazlı Ilıcak, have been violated due to the long pre-trial detention.

We believe the trial to be politically motivated and call on the authorities to drop all charges against the accused unless they can provide concrete evidence of commission of internationally recognisable criminal offences and to immediately and unconditionally release those held in pre-trial detention.

Article 19 has prepared an expert opinion examining the charges against the Altan brothers, at the request of their defence lawyers, which will be submitted to the court on Monday morning. The opinion argues that the charges levelled against the Altans amount to unlawful restrictions on the exercise of the right to freedom of expression. 

For more detailed information regarding the context for free expression in Turkey, please see a joint statement submitted to the UN Human Rights Council in May 2017.

For further information please contact:

Sarah Clarke, International Policy and Advocacy Manager, PEN International, sarah.clarke@pen-international.org
Georgia Nash,Programme Officer – Middle East & North Africa / Europe & Central Asia, ARTICLE 19, [email protected]
Melody Patry, Head of Advocacy, Index on Censorship, [email protected]

For more information about the trial, please contact Tobias Garnett: +90 (0) 541 827 0000

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