Cases against Academics for Peace have become emblematic of the attacks on freedom of expression in Turkey

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Noémi Lévy-Aksu

On 26 July 2019, Turkey’s highest court brought new hope to Turkish academics when it ruled that ten educators who had signed the petition “We will not be a Party to This Crime!” (Bu Suça Ortak Olmayacağız) had been tried unfairly and in violation of their rights. 

The petition, created by the Kurdish rights group Academics for Peace, called on the Turkish government to “prepare the conditions for negotiations and create a road map that would lead to a lasting peace which includes the demands of the Kurdish political movement”. It was signed by over two thousand academics, all of whom were then individually charged with  “conducting propaganda for a terrorist organisation”. The news that the resulting trials might violate the signatories rights sparked a firestorm of controversy in Turkey, where academia is tightly controlled and public discussion of the trials has been constrained.

Noémi Lévy-Aksu is an historian of the late Ottoman Empire and modern Turkey and an  aspiring lawyer. She has French and Turkish citizenship and was working as an assistant professor at Boğaziçi University until 2017, when she was dismissed for signing the Academics for Peace petition, an experience about which she previously spoke to Index in 2018. Lévy-Aksu is currently a teaching fellow at the London School of Economics and she is involved in human rights advocacy and volunteer legal work. She still speaks out about her experience and she spoke with Index’s Sophia Paley about the latest developments in the challenges facing Turkish academics and their students.

Index: Thousands of academics have been dismissed for political reasons since the coup in 2016, most of them were not signatories of the Academics for Peace petition. Why do you think the Academics for Peace cases have gotten so much more international attention than these other cases?

Noémi Lévy-Aksu: The case of the Academics for Peace has become emblematic of the attacks on academic freedom and freedom of expression in today’s Turkey. The sole ground on which academics have been threatened, dismissed and prosecuted is their endorsement of a declaration demanding the end of state violence against civilians and the resumption of the peace process. In this respect, it is one of the multiple cases of criminalisation of critical thought and expression, which target journalists, political actors, human rights defenders as well. The degree of international attention is also due to the efforts of the Academics for Peace themselves, who have established solidarity networks in Turkey and abroad to support the signatories and raise awareness about their cases among academics, human rights defenders and policy-makers.  

Index: What do you think will happen to the petition signatories who have already been sentenced, including those who legally forfeited their right to an appeal?

Lévy-Aksu: Turkey’s constitutional court has ruled that the conviction of the signatories of the Academics for Peace declaration was a violation of their rights and considered that the declaration was within the scope of academic freedom. The court also ordered that a copy of the decision be sent to the lower courts involved in the process. Accordingly, those still under prosecution should be acquitted, re-trials should be held for the ones who have received a final sentence and the regional courts of appeal should reverse the conviction for the cases that are pending on appeal. 

Index: Do you think that the high court’s verdict represents a genuine turning point for academic freedom in Turkey, or is that a false hope? What is the verdict’s significance?

Lévy-Aksu: The decision of the constitutional court is an important landmark, following a few other positive decisions acknowledging the wide scope of freedom of expression in international law and Turkish legislation. In this respect, it brings hope not only to academics, but also to all those who are currently prosecuted for their opinions and statements in Turkey, as well as to the national and national human rights defenders. However, the decision was adopted with a one-vote majority and triggered harsh criticism in the pro-governmental media. Legally, the decisions of the constitutional court are binding on inferior courts, but in the last few years some inferior court judges have proved reluctant to apply those decisions, so the next few months will be crucial to evaluate the legal impact of this judgment.  

Finally, one should not forget that the criminal prosecution of the Academics for Peace is just one aspect of the multiple attacks against academic freedom in today’s Turkey. Arbitrary dismissals and obstacles to critical research remain burning issues, which cannot be solved without a strong political will.

Index: According to pro-state media, 1,071 academics have signed a manifesto condemning the high court’s verdict. Why do you think they would do such a thing? Do they truly believe their fellow academics are promoting terrorism? What is their motivation?

Lévy-Aksu: The “1071” declaration was initiated by a few university rectors, who did not hesitate to stand against the highest court of the country to show their loyalty to the political power. The number “1071” was chosen as a reference the Malazgirt battle in 1071, but it soon appeared that the list was not accurate: some signatories appeared twice, while a few declared that their names had been included without their consent. One lecturer from Istanbul Aydın University even resigned to protest against her name being used without her consent. As for the more than a thousand academics who chose to endorse such a declaration, some are active supporters to the government, while others probably feared sanctions if they answered negatively to their rectors’ requests. In any case, this declaration gives an idea of the atmosphere in these universities, where administrations are completely beholden to political power and the academic staff have little choice but active or passive consent.

Index: How familiar is the Turkish public with the government’s tightening restrictions on academic freedom? What do you believe is their reaction?  

Lévy-Aksu: Turkey’s public sphere is so divided that it is impossible to talk about the “Turkish public”. The case of the Academics for Peace petition has received attention both in pro-governmental and in independent media, from very different perspectives. In the pro-governmental discourse, purges in academia are presented as part of the fight against terror and its supporters, either Gulenists or pro-Kurdish. In that view, state security and the interests of the nation are involved, so academic freedom is not important. On the other hand, restrictions on academic freedom are increasingly criticised in the public sphere, as part of the broader violations of human rights and freedoms in Turkey, but also because of their negative impact on the quality of teaching and research in the Turkish academia.

Index: Speaking of the quality of Turkish higher education, how do solidarity academies differ from other private educational institutions, and what is their role in providing space for open inquiry and critical thought?

Lévy-Aksu: Solidarity academies are alternative structures created by academics who believe that new spaces are needed to resist attacks against academic freedom and critical thought. Many of them, though not all, are signatories to the Academics for Peace petition who were dismissed from their academic positions. Solidarity academies started as local, informal initiatives in various cities of Turkey, such as Eskişehir, Kocaeli, Dersim, Mersin, Izmir, Ankara and Istanbul. Several have now become more organised and obtained a legal status as associations. Contrary to private educational institutions, they are non-profit organisations and they aim to develop innovative approaches to research and teaching, with special emphasis on freedom and critical thinking. While they do not seek to reproduce the conventional academic system, these academies have connections with international research networks and scholars and they make an important contribution to knowledge production in Turkey. As an increasing number of countries witness attacks on academic freedom, such initiatives are vital to develop transnational networks of solidarity and support academics and students affected by these developments.

Index: The Turkish government is increasingly relying on anti-terrorism legislation to attack its political enemies. Why was this specific justification chosen, and how does it change the legal process?

Lévy-Aksu: Using anti-terror legislation to attack political enemies is a strategy that has been used by the Turkish successive governments for decades. As in other countries, anti-terrorism legislation enables the state to limit the rights of the suspects, as illustrated by the anti-terror law adopted after the state of emergency was lifted in July 2018. Inter alia, it allows longer custody periods and defenders and lawyers can be prevented from accessing the case file. Beyond these legal aspects, labelling critical voices as terrorist is a political strategy that aims to shape public opinion and increase support of the government. It presents the prosecution and imprisonment of opponents as legitimate and necessary for the interests of the nation.

Index: The Turkish Constitution includes provisions forbidding “[u]niversities, members of the teaching staff and their assistants” from engaging “in activities directed against the existence and independence of the State, and against the integrity and indivisibility of the Nation and the Country”. This unity of the nation includes linguistic and cultural unity, as shown in the mandate that “No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institutions of training or education”. Do these guarantees of a unitary ethnostate for Turks influence how the Academics for Peace petition signatories and others were treated? 

Lévy-Aksu: This question raises several important issues which it is impossible to fully answer here. The first issue is related to the tension between academic freedom and national security. This is not specific to Turkey (see for instance the much debated Prevent legislation in the UK), but since the beginning of the republic, regardless of the political orientation of the government (and with a few exceptions), the state’s approach to academic freedom has been particularly restrictive in Turkey.

The second issue has to do with Turkish nationalism and its negative perception of cultural and linguistic diversity, which has constituted an important aspect of the Kurdish issue in the last decades. Education in their mother tongue is a recurrent demand of the Kurdish rights movement. While the government seemed willing to develop a more conciliatory approach to the question during the peace negotiations, since the process collapsed, a rigid version of Turkish nationalism has been on the rise again. As an urgent call to stop state violence against civilians, the declaration of the Academics for Peace was not directly related to the question of cultural rights, but it emphasised the need for a peaceful resolution to a conflict that has lasted for decades. The attacks against the signatories illustrate how, under the current government, human rights and democratic values are treated as subversive when they are used to articulate a critique of the state. Meanwhile, countless citizens have been imprisoned or prosecuted for their political and cultural activities on behalf of Kurdish rights and democracy.

Index: Some observers emphasise the worsening situation for academics after the failed coup of 2016. Do you agree that 2016 was the turning point, or if not, when did these problems begin?

Lévy-Aksu: Attacks on academic freedom did not start with the failed coup of 2016, nor actually with the AKP government. With respect to the Academics for Peace signatories, the repression started right after the petition was released in January 2016. The signatories were immediately the targets of hate speech, the first dismissals occurred, and four signatories were imprisoned. However, after a state of emergency was proclaimed in July 2016, the process dramatically accelerated and the purges targeting Gulenists, the Academics for Peace signatories and other opponents became massive in higher education, as in other sectors. The civil servants dismissed by the emergency decrees did not only lose their jobs: their passports were revoked, and they received a life-long ban on public service. In addition, they continue to face informal practices of black listing and discrimination. This process has been described as “civil death” by some signatories and continue to have dramatic moral and material consequences.

Index: Are you worried or hopeful for the future of Turkey’s education system, and why?

Lévy-Aksu: The current situation of Turkey’s education system is extremely worrying. Successive reforms implemented in primary and secondary education have further disorganised the system, and all levels of education have experienced purges. Higher education has been decimated by these purges. Even though not all critical academics have been dismissed, the space for academic freedom has dramatically shrunk in all universities and many choose self-censorship to avoid possible sanctions. Both the Turkish Higher Education Council and the Scientific and Technological Research Council (TUBITAK) have been discredited by their prominent role in the dismissal and marginalisation of critical scholars. The students are the main victims of this process, both because they have lost many dedicated and inspiring teachers, but also because they are themselves targeted by repression, both at the disciplinary and criminal levels. There are tens of thousands students imprisoned today in Turkey.

Yet, the resilience of civil society in Turkey is remarkable, and international solidarity has enabled a number of critical scholars to continue their research away from Turkish academia. It is my hope that the experience academics have gained of alternative structures such as the solidarity academies and the international networks developed during these years will contribute to transforming the education system for the better when there is a political opening. [/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1566481960332-5be62801-2970-10″ taxonomies=”8843″][/vc_column][/vc_row]

Turkey: Press freedom violations July 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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UPDATE: Trial of journalist Atakan Sönmez adjourned until November

Atakan Sönmez

19 July 2019 – The fourth hearing in the trial of journalist Atakan Sönmez, the former news director of Cumhuriyet daily’s online edition, took place at the 13th High Criminal Court of Istanbul, P24 reported.

Sönmez is charged with “spreading propaganda for a terrorist organization” over the Cumhuriyet website’s coverage of Turkey’s 2018 military operation on Syria’s Afrin. In the previous hearing the prosecutor requested the court to convict the journalist of “systematically spreading propaganda for a terrorist organization.”

Sönmez asserted that none of the news stories that form the basis of the accusations included terrorist propaganda or any other criminal intent and requested to be acquitted. In its interim ruling, the court granted Sönmez exemption from appearing in court and adjourned the trial until 7 November 2019.

Link(s)

https://twitter.com/P24DavaTakip/status/1140881948937785344?s=20 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Adnan Bilen stands trial for “insulting the president”

19 July 2019 – Journalist Adnan Bilen’s trial on the charge of “insulting the president” in his social media posts got underway at the 4th Criminal Court of First Instance of Van, Mezopotamya news agency reported.

Bilen and his lawyer Haşem Baygümüş were in attendance in the courtroom. In his defense statement, Bilen said that the social media posts in question did not contain any insulting remarks. He also said those posts had been shared on social media by over 1 million people to date. “Are you going to press charges against all those 1 million people? Is this truly possible?” he asked.

Bilen’s lawyer requested the court to acquit his client. The court adjourned the trial until 8 November 2019.

Link(s)

http://mezopotamyaajansi21.com/tum-haberler/content/view/63929

https://www.evrensel.net/haber/383294/gazeteci-adnan-bilen-paylasimim-hakaret-degil-elestiridir

https://gazetekarinca.com/2019/07/paylasimlarimin-arkasindayim-diyen-gazeteci-bilenin-durusmasi-ertelendi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Retrial of Altans and Ilıcak case set to start in October

Ahmet Altan, Mehmet Altan and Nazli Ilcak

Ahmet Altan, Mehmet Altan and Nazli Ilcak

18 July 2019 – The criminal court that sentenced Ahmet Altan, Mehmet Altan, Nazlı Ilıcak and three of their co-defendants to aggravated life imprisonment in the “coup” case in 2018 will begin the retrial of the case on 8 October, P24 reported.

The 26th High Criminal Court of Istanbul, which will oversee the retrial after its initial verdict was overruled on appeal, rejected the requests for Ahmet Altan, Nazlı Ilıcak and their three co-defendants to be released pending trial. All five have been in pre-trial detention for almost three years as part of the case.

The trial court also ruled for Mehmet Altan, who was released pending trial last summer by the appellate court, to be “forcibly brought to the hearing.”

The retrial comes on the heels of a judgment by the Supreme Court of Appeals earlier this month, which overturned the trial court’s 2018 verdict and ordered a retrial.

Link(s)

https://www.evrensel.net/haber/383369/altanlar-davasinda-yeniden-yargilama-8-ekimde

http://www.platform24.org/guncel/3854/altanlar-davasinda-yeniden-yargilama-8-ekim-de

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Jailed journalist Harun Çümen given 7.5-years prison sentence

18 July 2019 – Jailed journalist Harun Çümen, who is the former responsible managing editor of the shuttered Zaman newspaper, was sentenced to 7 years and 6 months in prison on the charge of “membership in a terrorist organization” at the final hearing of his trial, P24 reported. 

The 32nd High Criminal Court of Istanbul ruled to keep Çümen behind bars during the appeal process. Çümen has been in pre-trial detention for the past 16 months.

Link(s)

https://twitter.com/P24DavaTakip/status/1151785097860984834?s=20 

https://aktifhaber.com/15-temmuz/gazeteci-harun-cumene-75-yil-hapis-cezasi-h135050.html

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Musa Kart

Musa Kart

UPDATE: Supreme Court prosecutor requests quashing of verdict in Cumhuriyet trial

18 July 2019 – The Office of the General Prosecutor of the Supreme Court of Appeals has requested the reversal of the verdict in the Cumhuriyet trial, online news website Anadolu Agency reported. Turkey’s highest appeal court is expected to review the prison sentences handed down for Cumhuriyet newspaper’s former journalists and executives Orhan Erinç, Akın Atalay, Murat Sabuncu, Hikmet Çetinkaya, Aydın Engin and Ahmet Şık for “aiding a terrorist organization without being its member” in the coming months. 

The Office of the General Prosecutor of the Supreme Court of Appeals said in their judicial opinion that all defendants except Şık should be acquitted of all charges, while Şık should be charged with “praising a [terrorist] group and violence” and “spreading propaganda,” in which case he would face a combined sentence between 3.5 and 13.5 years.

The prosecutor asked the Supreme Court to reject the appeals filed by Emre İper and Ahmet Kemal Aydoğdu.

The prosecutor also sought the reversal of the verdicts for five former Cumhuriyet staffers – Musa Kart, Güray Öz, Önder Çelik, Hakan Kara and Mustafa Kemal Güngör – who are currently in prison. Their conviction became valid after a ruling by the Istanbul Regional Court as prison sentences less than five years can only be appealed once and are normally not subject to a review by the Supreme Court of Appeals. 

The case file will be overseen by the 16th Criminal Chamber of the Supreme Court of Appeals.

Link(s)

https://t24.com.tr/haber/yargitay-dan-cumhuriyet-in-eski-yonetici-ve-yazarlarina-beraat-talebi,831166

https://bianet.org/bianet/insan-haklari/210611-yargitay-iki-kisi-disinda-cumhuriyetcilerin-beraatini-istedi

https://www.cnnturk.com/turkiye/cumhuriyet-gazetesi-davasinda-yargitay-bassavciligi-dosyayi-tamamladi

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Kibriye Evren ordered to remain behind bars

18 July 2019 – Jailed journalist Kibriye Evren, a reporter for the female news collective JinNews, appeared before a Diyarbakır court for the sixth hearing of her trial, P24 reported. Evren faces charges of “membership in a terrorist group” and “disseminating spreading for a terrorist group.”

The prosecution had submitted their final opinion of the case during the previous hearing, requesting the court to convict the journalist of both charges. 

Addressing the 5th High Criminal Court of Diyarbakır for her defense statement, Evren said she has been jailed for the past 10 months based on statements by two secret witnesses and on her social media posts. Rejecting the accusations, Evren asked to be acquitted.

In its interim decision, the court ruled to inquire on the Şanlıurfa Chief Public Prosecutor’s Office about a 2016 investigation file against Evren on the allegation of “terrorist group membership.” The court ruled to keep Evren behind bars and adjourned the trial until 24 September 2019.

Link(s)

https://twitter.com/P24DavaTakip/status/1151742674178859008?s=20

http://gazetekarinca.com/2019/07/gazeteci-kibriye-evrenin-tutukluluguna-devam-karari/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Can Dündar’s hearing on solidarity with Özgür Gündem adjourned

Can Dundar

Can Dundar

18 July 2019 – The trial against the former editor-in-chief Can Dündar for joining the solidarity campaign with the now closed pro-Kurdish daily Özgür Gündem resumed in Istanbul, advocacy group Press in Arrest reported. The 22nd High Criminal Court of Istanbul, which oversees the trial, ruled to wait for the execution of the arrest warrant against Dündar and adjourned the trial until 28 November 2019. Dündar, who faces several trials and prison sentences, has been living abroad for more than two years.

Link(s)

https://twitter.com/PressInArrest/status/1151765873599926272?s=20 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Rights defenders acquitted in “Özgür Gündem solidarity trial”

17 June 2019 – The 11th hearing in the trial against Professor Şebnem Korur Fincancı, the president of the Human Rights Foundation of Turkey (TİHV), Erol Önderoğlu, Reporters Without Borders (RSF) Turkey representative, and journalist-writer Ahmet Nesin for joining in the “substitute editor-in-chief” campaign for the shuttered Özgür Gündem newspaper resumed at the Istanbul courthouse, P24 reported. All four were accused of “spreading propaganda for a terrorist organization,” “incitement to commit crime” and “praising crime and criminals.” 

Issuing its verdict, the court acquitted all the rights defenders. It was the first acquittal ruling issued by a court for those who joined the “substitute editor-in-chief” campaign in solidarity with the pro-Kurdish newspaper. Murat Çelikkan and Ayşe Düzkan have already served prison sentences on the same charges.  

Link(s)

https://twitter.com/P24DavaTakip/status/1151389531943428096?s=20 

https://www.aljazeera.com/news/2019/07/rsf-turkey-representative-acquitted-terror-charges-190717102827047.html 

https://t24.com.tr/haber/erol-onderoglu-sebnem-korur-fidanci-ve-ahmet-nesin-ozgur-gundem-davasinda-beraat-etti,831019

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Eren Keskin’s file separated in Özgür Gündem case, trial adjourned

17 July 2019 – The 12th hearing in the trial against Eren Keskin and Hüseyin Aykol, the former co-editors-in-chief of the closed down pro-Kurdish newspaper Özgür Gündem, its former responsible managing editor Reyhan Çapan and journalist Hasan Başak resumed in Istanbul, P24 reported. All four face charges of “praising crime and criminal,” “incitement to commit crimes” and “spreading propaganda for a terrorist organization”. 

Keskin’s file has been separated from the case and sent to the 23rd High Criminal Court; it will be merged with the ongoing main trial, where she faces similar accusations.

The prosecutor submitted their final opinion, asking the court to convict Aykol, Çapan and Başak of “praising crime and criminals” and “incitement to commit crime.” The prosecutor also sought prison terms for Aykol and Başak on the “propaganda” charge, while they asked the court to convict Çapan of “systematically spreading terrorism propaganda.”

Granting time for the preparation of the final defense statements in response to the prosecutor’s final opinion, the court adjourned the trial until 21 November 2019.

Link(s)

https://twitter.com/P24DavaTakip/status/1151416664275214336?s=20 

http://gazetekarinca.com/2019/07/ozgur-gundem-davasi-aykol-dahil-yedi-gazeteciye-ceza-istendi/

https://bianet.org/bianet/ifade-ozgurlugu/210568-huseyin-aykol-reyhan-capan-ve-hasan-basak-a-ceza-talebi

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Necla Demir faces new criminal investigation over anonymous tip

Necla Demir

17 July 2019 – The Chief Public Prosecutor’s Office of Bakırköy in Istanbul has launched a new investigation against journalist Necla Demir, the former publisher of the online news portal Gazete Karınca, the website reported. The allegation in the new investigation file is “incitement to hatred and animosity.”

 The investigation was launched upon an anonymous tip filed with the Presidency’s Communication Center (CIMER). 

Demir was referred her to a Criminal Judgeship of Peace after being interrogated by the prosecutor, who requested the implementation an international travel ban and other judicial control measures. In the previous case, the judgeship ruled that Demir did not have any intent of committing a crime and her actions were aimed at informing the public.

Link(s)

http://gazetekarinca.com/2019/07/gazeteci-necla-demire-bu-kez-de-isimsiz-ihbarla-sorusturma/

https://www.gazetefersude.com/gazeteci-necla-demire-isimsiz-ihbarla-sorusturma-acildi-67077/

https://www.gercekgundem.com/medya/106164/gazeteciye-isimsiz-ihbardan-sorusturma

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Deniz Yücel’s trial adjourned until October

Deniz Yücel's lawyer, Veysel Ok, tweeted a picture of Yücel and his wife, Dilek Mayatürk, hugging in front of Istanbul's Silivri prison. (Photo: Veysel Ok / Twitter)

Deniz Yücel’s lawyer, Veysel Ok, tweeted a picture of Yücel and his wife, Dilek Mayatürk, hugging in front of Istanbul’s Silivri prison. (Photo: Veysel Ok / Twitter)

16 July 2019 – The trial of Turkish-German journalist Deniz Yücel, the former Turkey correspondent of the German newspaper Die Welt, on the charges of “spreading propaganda for a terrorist group” and “inciting hatred and animosity” resumed at the 32nd High Criminal Court of Istanbul, P24 reported. 

The presiding judge announced that the court has just received the Constitutional Court’s ruling concerning the individual application of Yücel, in which the top court had ruled that Yücel’s pre-trial detention violated his rights to liberty and security, freedom of expression and freedom of the press.

Yücel’s lawyer then asked the trial court to acquit Yücel in line with the Constitutional Court ruling and without waiting for the defense statement, taken in May in Berlin, to be sent to the trial court. In its interim ruling, the court decided to wait until they receive Yücel’s statement and adjourned the trial until 17 October 2019.

Link(s)

https://twitter.com/P24DavaTakip/status/1151048073197604870?s=20 

http://www.cumhuriyet.com.tr/haber/turkiye/1490128/Deniz_Yucel_davasinin_4._durusmasi__istinabe_evraki_bekleniyor.html

https://gazetekarinca.com/2019/07/aym-hak-ihlali-karari-vermisti-deniz-yucelin-durusmasi-ertelendi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Sendika.org editor Demirhan given jail term for “insulting the president”

16 July 2019 – Ali Ergin Demirhan, an editor for the news portal Sendika.Org, has been sentenced to 11 months and 20 days in prison on the charge of “insulting the president.”

Demirhan was on trial because of a social media post he had shared. The court deferred Demirhan’s sentence by five years, during which he would be subject to probation. Demirhan announced the verdict against him on 16 July 2019 in his Twitter account.

Link(s)

https://twitter.com/ali_ergind/status/1151050770248294400

http://sendika63.org/2019/07/erdogana-hakaretten-11-ay-20-gun-hapis-cezasi-alan-demirhan-yazdiklarim-hakaret-degil-sorumlulugumun-geregidir-555007/

https://www.gazetefersude.com/gazeteci-ali-ergin-demirhana-erdogana-hakaret-suclamasiyla-hapis-cezasi-66919/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Ahmet Kanbal briefly detained

15 July 2019 – Ahmet Kanbal, a reporter for the Mezopotamya news agency, was taken into custody on 13 July 2019 in the southeastern province of Mardin, where he lives, the agency reported.

Kanbal was charged with “spreading propaganda for a terrorist group” over his social media posts and referred to the courthouse on 15 July. The court he was referred to by the prosecutor released Kanbal under judicial control measures and an international travel ban.

Link(s)

http://gazetekarinca.com/2019/07/gazeteci-ahmet-kanbal-adli-kontrol-ile-serbest-birakildi/

https://www.artigercek.com/haberler/gazeteci-ahmet-kanbal-serbest-birakildi

https://www.medyakoridoru.com/sosyal-medya-paylasimlari-nedeniyle-ters-kelepce-takilarak-gozaltina-alinmisti-gazeteci-ahmet-kanbal-serbest-birakildi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Ban on access to news story violates press freedom, top court rules

12 July 2019 – The Constitutional Court has found that an access ban targeting a news story published in the online edition of BirGün newspaper violated freedom of the press and freedom of expression, the newspaper reported. 

An Ankara judgeship had imposed an access ban on the footage featured on the website, which showed a local man tied behind an armored police vehicle and dragged during operations in Şırnak in 2015. BirGün had filed an application with the top court concerning the access ban. 

The Constitutional Court’s Plenary voted unanimously in favor of BirGün and also ruled to send a memo to the Gölbaşı Criminal Judgeship of Peace to lift the block on the news story.

Link(s)

https://www.anayasa.gov.tr/tr/haberler/bireysel-basvuru-basin-duyurulari/habere-erisimin-engellenmesi-nedeniyle-ifade-ve-basin-ozgurlugunun-ihlal-edilmesi/

https://t24.com.tr/haber/aym-habere-erisim-engeli-karari-ifade-ve-basin-ozgurlugu-ihlalidir,830276

https://www.birgun.net/haber/aym-den-birgun-karari-habere-erisim-engeli-karari-ifade-ve-basin-ozgurlugu-ihlali-261534

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Baransu to remain behind bars

Mehmet Baransu

12 July 2019 – The trial of the former executives of the shuttered daily Taraf and its reporter Mehmet Baransu was held at the 13th High Criminal Court of Istanbul over two days, P24 reported. The accusations in the case stem from the alleged publication of a document called “Egemen War Plan.”

Baransu, the only imprisoned defendant in the case who is in pre-trial detention in the Silivri Prison, was in attendance to continue with his defense statement. Former Taraf executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur, who are exempt from personal appearance in court, did not attend. They were represented by their lawyers.

Following the completion of statements by lawyers, the prosecutor requested the continuation of Baransu’s detention on remand. At the end of the two-day hearing, the court ordered the continuation of Baransu’s detention. Also ruling to wait for the execution of the arrest warrant against Tuncay Opçin, the fifth defendant in the case, the court adjourned the trial until 27, 28, 29 August. 

Link(s)

https://twitter.com/P24DavaTakip/status/1149288074129682432?s=20 

https://www.timeturk.com/baransu-nun-tutukluluk-halinin-devamina-karar-verildi/haber-1129492

https://medyascope.tv/2019/07/12/taraf-gazetesi-davasi-baransuya-savunmasini-tamamlamasi-icin-sure-verildi-bir-sonraki-durusma-27-28-29-agustosta/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Hüseyin Aykol sent to prison

11 July 2019 – Veteran journalist Hüseyin Aykol, the former co-editor-in-chief of the shuttered pro-Kurdish newspaper Özgür Gündem, was sent to prison to serve a 3-year and 9-month sentence he was given in 2018, Mezopotamya news agency reported.

Aykol was taken into custody at noon on 11 July at his home in Ankara and was taken to the Sincan Courthouse. After the completion of the procedures at the courthouse, Aykol was sent to the Sincan F Type Prison in Ankara.

Aykol was convicted of “spreading propaganda for a terrorist organization” in January 2018 at the final hearing of a trial where his co-defendants included Mehmet Ali Çelebi and Ayşe Düzkan, who were among journalists who participated in the “substitute editor-in-chief” campaign for Özgür Gündem in 2016. The sentences given to Aykol and his co-defendants were upheld by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice on 29 November 2018.

Aykol is currently a defendant in 63 separate trials, some of which are pending before appellate courts.

Link(s)

http://mezopotamyaajansi21.com/tum-haberler/content/view/63233

https://m.bianet.org/english/freedom-of-expression/210345-journalist-huseyin-aykol-detained

https://www.evrensel.net/haber/382839/gazeteci-huseyin-aykol-cezaevine-goturuldu

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Former Gazete Karınca publisher’s trial adjourned until October

11 July 2019 – The second hearing in the trial against Necla Demir, the former publisher of the online newspaper Gazete Karınca, took place at the 33rd High Criminal Court of Istanbul, P24 reported. Demir stands accused of “systematically disseminating propaganda for a terrorist organization” for the website’s coverage of Turkey’s 2018 military operation on Syria’s Afrin.

The presiding judge announced that the defense statements presented during the previous courtroom hearing were recorded but the tapes have yet to be transcribed. Lawyer Korkmaz informed the court that his client would be in attendance at the next hearing to make her defense statement in person. Issuing its interim ruling at the end of the hearing, the court adjourned the trial until 11 October 2019 for the delivery of Demir’s defense statement.

Link(s)

https://twitter.com/P24DavaTakip/status/1149290863123750912?s=20 

http://gazetekarinca.com/2019/07/gazeteci-necla-demirin-durusmasi-ekim-ayina-ertelendi/

https://www.gazetefersude.com/gazeteci-necla-demirin-yargilandigi-dava-11-ekime-ertelendi-66313/ 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Mehmet Ali Çelebi released from prison

9 July 2019 – Mehmet Ali Çelebi, an editor for the shuttered pro-Kurdish Özgürlükçü Demokrasi newspaper, was released after 15 months in pre-trial detention, Mezopotamya news agency reported.

The court overseeing the trial of Özgürlükçü Demokrasi staff members had convicted Çelebi of “aiding a terrorist group without being its member” and sentenced him to 3 years and 9 months in prison at the final hearing of the case on 28 June 2019. The court had also ruled for Çelebi’s release, but the journalist remained behind bars due to a previous conviction on the charge of “spreading propaganda for a terrorist group” in last year’s “Özgür Gündem solidarity trial.”

Link(s)

http://mezopotamyaajansi21.com/components/88122611/content/view/63096 

http://gazetekarinca.com/2019/07/gazeteci-mehmet-ali-celebi-tahliye-edildi/ https://www.gazetefersude.com/gazeteci-mehmet-ali-celebi-tahliye-edildi-66160/ 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Mehmet Gündem sentenced to 6+ years of jail

9 July 2019 – The 35th High Criminal Court of Istanbul sentenced journalist Mehmet Gündem to over 6 years in prison on the grounds of “membership in a terrorist organization”, P24 reported.

Addressing the court in his final defense statement, Gündem said: “I have been a journalist for 25 years. I have been using the same phone number since 1995. I have met people from all segments of the society. Some of the names mentioned in the phone records are the people I worked with at Zaman newspaper.” He also denied that he did present a flight risk, requesting his release and acquittal. “I was on vacation when I found out about the arrest warrant against me. I immediately returned and turned myself in. Then I was released. When yet another warrant was issued, I was at home. It is clear that I do not pose a risk of flight.”

Issuing its verdict at the end of the hearing, the court convicted Gündem of “membership in a terrorist group” and sentenced him to 6 years, 10 months and 15 days in prison. The court also ruled to release Gündem pending the appeal process.

Link(s)

https://twitter.com/P24DavaTakip/status/1148498794096578561?s=20 

https://www.ntv.com.tr/turkiye/gazeteci-mehmet-gundeme-fetoden6-yil-10-ay-15-gun-hapis,myZwjAqaEU-HQSD1UbABCw

http://www.milliyet.com.tr/gundem/mehmet-gundeme-feto-uyeliginden-6-yil-10-ay-hapis-cezasi-2902134

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Compensation case against Çiğdem Toker adjourned

9 July 2019 – The third hearing in a lawsuit against journalist Çiğdem Toker, filed by the mining company Şenbay Inc., was held on 9 July 2019 at the Ankara 13th Civil Court of First Instance, online news website T24 reported.

The mining company is seeking a record TL 1.55 million in non-pecuniary damages over an article Toker penned for Cumhuriyet daily in October 2017.

The court agreed to look into the official records of the tender, which was the subject of Toker’s column, as requested by the lawyer representing the company Şenbay Inc. and adjourned the trial until 17 October 2019.

Link(s)

https://t24.com.tr/haber/gazeteci-cigdem-toker-e-acilan-1-5-milyon-liralik-tazminat-davasi-ertelendi,829781

https://www.evrensel.net/haber/382700/gazeteci-cigdem-tokerin-durusmasi-ertelendi

https://www.gercekgundem.com/medya/104386/gazeteci-cigdem-tokerin-durusmasina-erteleme

Categories: Criminal Charges / Fines / Sentences

Source of violation: Corporation / Company

Kars Co-mayor Ayhan Bilgen faces Özgür Gündem indictment

8 July 2019 – The Press Crimes Investigation Bureau of the Istanbul Chief Public Prosecutor’s Office has issued an indictment against Kars Co-mayor Ayhan Bilgen, Mezopotamya news agency reported. The prosecution sent the indictment to a criminal court in Istanbul, which is intended to be merged with the ongoing trial against the shuttered pro-Kurdish newspaper Özgür Gündem main trial. Former executives and members of the advisory board of the shuttered newspaper are face up to life imprisonment as part of the ongoing trial. 

The indictment, dated 18 June 2019, accuses Bilgen of “disrupting the unity and integrity of the state,” “membership in a terrorist organization,” “disseminating propaganda for a terrorist organization,” “membership in an organization established for the purpose of committing crimes.” It also says that an investigation had been launched against Bilgen, who was also on Özgür Gündem’s editorial advisory board, as early as 2016. Bilgen’s file was eventually separated because he was a lawmaker at the time.

The 23rd High Criminal Court of Istanbul, which oversees the Özgür Gündem trial, is expected to decide on whether or not to merge Bİlgen’s file with the ongoing trial.

Link(s)

http://gazetekarinca.com/2019/07/ayhan-bilgene-ozgur-gundem-davasi/

https://www.evrensel.net/haber/382650/ayhan-bilgen-hakkinda-ozgur-gundem-davasi

https://www.demokrathaber.org/siyaset/hdp-li-ayhan-bilgen-e-ozgur-gundem-fezlekesi-h71435.html

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Parlak released after 15 months in pre-trial detention

8 July 2019 – Ferhat Parlak, a publisher based in Diyarbakır and reporter of the shuttered local newspaper Silvan Mücadele, appeared before a court for the first hearing of his trial on the charge of “membership in a terrorist group.”

The 11th Criminal Court of First Instance of Diyarbakır, which recently accepted the indictment against Parlak, ruled at the end of the hearing to release the journalist from pre-trial detention pending the conclusion of his trial, Mezopotamya news agency reported. The court imposed an international travel ban on Parlak. Parlak, who was jailed in April 2018, has been in detention on remand for 15 months.

News reports and footage from the case file where Parlak was previously convicted of “propaganda” were also included in the new case file. The prosecution seeks up to 15 years in prison for Parlak. The second hearing of the trial will be held on 6 November 2019.

Link(s)

http://mezopotamyaajansi21.com/tum-haberler/content/view/62604

https://m.bianet.org/english/human-rights/210232-journalist-ferhat-parlak-released

http://gazetekarinca.com/2019/07/15-aydir-tutukluydu-gazeteci-ferhat-parlak-ilk-durusmada-tahliye-edildi/

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Appeals court overturned “coup” convictions in Altan’s case

5 July 2019 – The Supreme Court of Appeals has overturned the 2018 verdict by a criminal court that sentenced journalists Ahmet Altan, Mehmet Altan, Nazlı Ilıcak and three of their co-defendants to aggravated life imprisonment on the charge of “attempting to overthrow the constitutional order.” The verdict will lead to a retrial in one of the most high-profile journalistic trials, according to a report published by the state-run news agency Anadolu late on 5 July 2019.

The 16th Criminal Chamber of the Supreme Court of Appeals ruled that Mehmet Altan should be acquitted, citing lack of sufficient and credible evidence. Mehmet Altan was freed from pre-trial detention in June 2018 by a decision of the appellate court based on a Constitutional Court judgment back in January 2018 and is the only defendant who has been released in the case so far.

As for Ahmet Altan and Nazlı Ilıcak, the court said they should face the lesser charge of “aiding a terrorist organization without being its member.”

The decision, as cited by Anadolu, said it could not be proven that the defendants had participated in the crime of “attempting to overthrow the constitutional order” as perpetrators. 

However, the Supreme Court judges rejected requests for the release of Altan, Ilıcak and their three co-defendants in the case, who have all been in prison for about three years.

As for three other defendants in the case, the 16th Criminal Chamber of the Supreme Court of Appeals ruled that Fevzi Yazıcı, the former chief page designer of the shuttered daily Zaman, Yakup Şimşek, the newspaper’s marketing director, and former Police Academy lecturer and commentator Şükrü Tuğrul Özşengül should be charged with “membership in a terrorist organization,” which carries up to 15 years in jail, instead of “attempting to overthrow the constitutional order.”

The case is now expected to be sent back to the trial court, the 26th High Criminal Court of Istanbul, for retrial.

In January 2018, the Constitutional Court ruled that Mehmet Altan’s detention was in violation of his right to personal liberty and security and freedom of the press and freedom of expression. However, both the trial court and the next court of first instance refused to implement the top court’s judgment and release Altan.

In February 2018, the 26th High Criminal Court of Istanbul sentenced the Altans, Ilıcak and three of their co-defendants to aggravated life imprisonment for “attempting to overthrow the constitutional order” as per Article 309 of the Turkish Penal Code (TCK). The indictment claimed that the defendants “had prior knowledge of the coup attempt of July 2016,” which the government claims to have been carried out by the religious movement led by Fethullah Gülen.

On 27 June 2018, the appellate court that took up the case ruled that Mehmet Altan should be released on the basis of the Constitutional Court ruling.

In October 2018, the 2nd Criminal Chamber of the Istanbul Regional Court of Justice, the appellate court overseeing the case, rejected the appeals and ruled for the continuation of detention of all imprisoned defendants in the case.

On 3 May 2019, the Constitutional Court rejected the individual applications filed on behalf of Ahmet Altan and Nazlı Ilıcak. In its reasoned judgments issued on 26 June 2019, the Constitutional Court said “the assessments made by the investigation authorities and the decisions rendered by the courts that ruled for [the journalists’] detention could not be deemed as ‘arbitrary and baseless’.”

Link(s)

https://t24.com.tr/haber/yargitay-dan-altan-kardesler-ve-ilicak-davasindaki-cezalar-icin-bozma-karari,829287

https://www.gazeteduvar.com.tr/gundem/2019/07/05/yargitay-nazli-ilicak-ve-altan-kardeslere-verilen-cezalari-bozdu/

https://www.evrensel.net/haber/382504/yargitay-altan-kardesler-ve-ilicaka-verilen-muebbet-hapis-cezasini-bozdu

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Journalist Cengiz Erdinç given 10-month prison sentence

4 July 2019 – Journalist Cengiz Erdinç was given a 10-month prison sentence and fined an additional judicial fine of 16,000 Turkish Lira (around $3,000) over an article he penned for the Yurt newspaper, Reporters Without Borders reported. The 2nd Criminal Court of First Instance of Istanbul, which oversaw the trial, found Erdinç guilty of “damaging the reputation” of state bank Ziraat Bank in his article titled “Finansal kara delikler” (Financial black holes). 

The court suspended the sentence on the grounds that Erdinç “has shown remorse,” which the columnist denied after the hearing. Erdinç’s lawyer Baran Kaya said he would appeal the verdict.

Link(s)

https://boldmedya.com/2019/07/04/gazeteciden-pisman-deyip-cezayi-erteleyen-mahkemeye-pismanlik-falan-yok/

https://twitter.com/RSF_tr/status/1146711473089130496

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Columnist Işıl Özgentürk convicted of “inciting hatred”

4 July 2019 – Işıl Özgentürk, a columnist for Cumhuriyet daily, was given a prison sentence of 1 year and 6 months on the charge of “inciting hatred and animosity or degrading the public” by an Istanbul court, online news website Gazete Duvar reported. Özgentürk was on trial over an article she wrote for the newspaper on 13 January 2019, titled “Yeni kuşak türbanlılar” (New generation of hijab wearers).

Based on a previous deferred conviction against Özgentürk, the Istanbul 2nd Criminal Court of First Instance ruled against suspending or deferring the sentence and argued that “the defendant may not refrain from committing the same offense again.”

Link(s)

https://www.gazeteduvar.com.tr/gundem/2019/07/05/isil-ozgenturke-1-yil-6-ay-hapis-cezasi/

https://www.sozcu.com.tr/2019/gundem/isil-ozgenturkun-cezasi-belli-oldu-5214448/

https://www.aa.com.tr/tr/turkiye/isil-ozgenturke-basortululeri-asagilamaktan-hapis-cezasi/1523392 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Prosecutor seeks life imprisonment for jailed journalist Ziya Ataman

4 July 2019 – The trial of Ziya Ataman, a former reporter of the pro-Kurdish Dicle news agency (DİHA) and 18 other people resumed in the southeastern province of Şırnak, Mezopotamya news agency reported. 

Ataman, who has been in detention on remand since 11 April 2016, addressed the Şırnak 1st High Criminal Court which oversees the trial from the prison in Van where he remains jailed.

Submitting their final opinion of the case during the hearing, the prosecution asked the court to convict all nine defendants who are still under pre-trial detention, including Ataman. The prosecution accused them of being guilty of “disrupting the unity and integrity of the state,” “attempting to intentionally kill with premeditation a civil servant because of the public service he performs,” “intentionally killing with premeditation a civil a servant because of the public service he performs,” “attempting to premeditated murder,” “intentionally damaging public property through the use of explosives” and two other charges. The prosecution asked the court to convict Ataman twice of “intentionally killing with premeditation a civil servant because of the public service he performs,” and 32 times of “attempting to intentionally kill with premeditation a civil servant because of the public service he performs.” Ataman has repeatedly denied being involved with the incident, with witnesses confirming his version of the facts.

Lawyers requested additional time for the preparation of the final defense statements in response to the prosecutor’s final opinion. The court told Atman, who asked to make his defense statement in Kurdish, to have his interpreter ready at the next hearing for his defense. Ruling to keep all jailed defendants behind bars, the court adjourned the trial until 24 September 2019.

Link(s)

http://gazetekarinca.com/2019/07/gazeteci-ziya-atamana-savunma-da-tahliye-de-yok-muebbet-isteniyor/

http://mezopotamyaajansi18.com/components/88122611/content/view/62553

http://www.etha1.com/Haberler/tutuklu-gazeteci-ataman-hakkinda-muebbet-hapis-istemi/9/14232

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Trial of journalists Hürtaş and Demir adjourned until December

3 July 2019 – A trial where journalists Sibel Hürtaş and Hayri Demir are among 11 defendants charged with “inciting hatred and animosity” and “disseminating terrorism propaganda” over their social media posts about Turkey’s military operation on Syria’s Afrin resumed at the Ankara courthouse, P24 reported.

Announcing its interim ruling at the end of the hearing, the court rejected the requests to file for the annulment of TCK Article 301 and to lift the judicial control measures imposed on the defendants. The court set 3 December 2019 as the date for the next hearing.

Link(s)

https://twitter.com/P24DavaTakip/status/1146339093258936320?s=20 

https://www.evrensel.net/haber/382362/gazeteci-sibel-hurtas-ve-hayri-demirin-durusmasi-aralik-ayina-ertelendi 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Özgür Gündem main trial adjourned until November

3 July 2019 – The “Özgür Gündem main trial”, where the former editors, columnists and members of the editorial advisory board of the shuttered pro-Kurdish newspaper were accused of “disrupting the unity and integrity of the state” and “membership in a terrorist group”, resumed at the 23rd High Criminal Court of Istanbul, P24 reported.

The prosecutor, who was expected to submit his final opinion on the case at this hearing, requested more time because of the vast content of a new case file submitted against one of the former editors-in-chief of the paper, Eren Keskin. Granting additional time for the preparation of the final opinion, the court adjourned the trial until 28 November 2019.

Link(s)

https://twitter.com/P24DavaTakip/status/1146293811489988608?s=20 

https://t24.com.tr/haber/asli-erdogan-ve-necmiye-alpay-in-yargilandigi-ozgur-gundem-davasi-ertelendi,828854 

https://www.evrensel.net/haber/382355/ozgur-gundem-davasinda-savci-mutalaa-icin-sure-istedi

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Former Zaman journalist Şirin Kabakçı’s trial adjourned until October

2 July 2019 – Şirin Kabakçı, the former Konya bureau chief of the shuttered newspaper Zaman, appeared before the 35th High Criminal Court of Istanbul on for the sixth hearing of his trial on the charge of “membership in a terrorist group”, P24 reported.

In its interim ruling at the end of the hearing, the court ruled to start the procedures for taking the testimony of a witness who asked to benefit from effective remorse provisions, and adjourned the trial until 15 October 2019.

Link(s)

https://twitter.com/mlsaturkey/status/1146071914412220416?s=20 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Ahmet Altan given prison term over 2010 article

Journalist Ahmet Altan2 July 2019 – Jailed novelist and journalist Ahmet Altan’s trial stemming from an article he wrote in 2010 for the shuttered daily Taraf resumed on 2 July 2019 at the 2nd Criminal Court of First Instance of Istanbul Anatolian courthouse, reported Expression Interrupted outlet. 

Altan, who has been in pre-trial detention in the Silivri Prison since September 2016, addressed the court via the judicial video-conferencing system during the hearing, P24 reported. “In a developed country, no writer would stand trial in a case similar to this one,” Altan told the court in his defense statement. He added: “In politics, there are no sacred figures. If you make a figure part of day-to-day politics, then you are acknowledging that this figure is not sacred and is open to debate.”

Altan was accused of “publicly insulting the memory of Atatürk” in his article titled “CHP,” which was a critical piece about the main opposition Republican People’s Party (CHP).

Addressing the court, Altan’s lawyer Çalıkuşu said that there was no intent of “insult” in the article and requested Altan’s acquittal. Nevertheless, the court decided to give Altan a suspended 1,5-year prison sentence.

Link(s)

https://twitter.com/ExInt24/status/1146063090552692742?s=20 

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial[/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:1566403308005-4e1c28f6-af75-3″ taxonomies=”35195″][/vc_column][/vc_row]

Blocking ruling “another reminder of just how far from being a democracy Turkey really is”

[vc_row][vc_column][vc_column_text]Index on Censorship strongly condemns a decision by a Turkish court to block 135 sites, accounts and videos, and calls for the order to be reversed.

Initially, the order contained independent news outlet Bianet “by mistake”, according to a statement posted to the organisation’s site. While Bianet is no longer subject to the ruling, the blocking of such a large body of information is unacceptable.

“Media freedom is the hallmark of a democracy. This latest action is another reminder of just how far from being a democracy Turkey really is”, Jodie Ginsberg, chief executive of Index on Censorship, said.

The Ankara court said the decision — taken after a police request — would protect “national security and public order”. The use of national security law to stifle legitimate speech and dissent is a well-trodden path for the Turkish state: As of 2 August, there were at least 138 journalists and media workers in prison; thousands of academics are facing trial for signing a petition calling for peaceful negotiations. 

“Turkey’s use of security legislation is a reflection of the increasing authoritarian tendencies of President Erdogan,” Ginsberg said.

Based in Istanbul, Bianet publishes articles on human rights, violence against women and trials linked to freedom of expression in Turkish, English and Kurdish. 

This statement was updated on 8 August 2019 to include new information about Bianet.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98654″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Turkish journalists face unprecedented surge of physical assaults

  • In Turkey, the government uses national security and terror legislation to censor journalists.
  • Arrests, detentions and trials of media workers are frequent.
  • Index on Censorship’s Monitoring and Advocating Media Freedom project documented seven assaults in Turkey in May, and another one in June 2019.

Turkey’s freedom of the press was curbed after the attempted military coup in July 2016, when over 150 media outlets were shut down.
Many journalists working in Kurdish territory were subject to physical violence and threats, and Rohat Aktaş, a journalist who covered the Kurdish-Turkish conflict in the town of Cizre, was killed.

Though physical assaults on media workers have become rare in recent years, a recent surge has raised concerns about the continuing pressure on media professionals in the country.

Read the full report[/vc_column_text][/vc_column_inner][/vc_row_inner][three_column_post title=”Monitoring and Advocating for Media Freedom” full_width_heading=”true” category_id=”34359″][/vc_column][/vc_row]

Turkish journalists facing unprecedented surge of physical assaults

[vc_row][vc_column][vc_column_text]

In Turkey, the government uses national security and terror legislation to censor journalists. Arrests, detentions and trials of media workers are frequent.

Turkey’s freedom of the press was curbed after the attempted military coup in July 2016, when over 150 media outlets were shut down. Many journalists working in Kurdish territory were subject to physical violence and threats, and Rohat Aktaş, a journalist who covered the Kurdish-Turkish conflict in the town of Cizre, was killed. 

Physical attacks on media workers have become rare in recent years. However, Index on Censorship’s Monitoring and Advocating Media Freedom project documented seven assaults in Turkey in May, and another one in June 2019. This surge has raised concerns about the continuing pressure on media professionals in the country.

Özgün Özçer is a Turkey researcher for the monitoring project partner organisation Platform for Independent Journalism (P24). He attributes the physical violence to internal divisions within the nationalist and conservative political movements ahead of the second round of the mayoral elections in Istanbul, which took place in late June.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Index on Censorship’s Monitoring and Advocating for Media Freedom project documents, analyses, and publicises threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine, in order to identify opportunities for advancing media freedom in these countries. The project collects, analyses and publicises limitations, threats and violations that affect journalists as they do their jobs. Its staff also advocate for greater press freedom in these countries and raises alerts at the international level.

The project builds on Index on Censorship’s 4.5 years monitoring media freedom in 43 European countries, as part of Mapping Media Freedom platform.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Yavuz Selim Demirağ assaulted outside his home” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_single_image image=”108007″ img_size=”full” add_caption=”yes”][vc_column_text]On 10 May, journalist Yavuz Selim Demirağ, a prominent columnist for the nationalist newspaper Yeniçağ, sustained serious injuries from an assault in front of his house in Ankara. 

The attack took place late in the evening, when Demirağ was returning home after hosting a political show on a private TV broadcaster. The assailants, a group of seven men, fled the scene in a car after beating Demirağ with baseball bats.

Demirağ’s relatives took him to the hospital. Six people were arrested during the following week in connection with the attack, but all were released on 13 May after giving their statements to a prosecutor.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”İdris Özyol attacked outside local newspaper” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_single_image image=”108008″ img_size=”full” add_caption=”yes”][vc_column_text]On 15 May, a group of three unidentified assailants attacked veteran journalist İdris Özyol in the coastal city of Antalya. Özyol was hospitalised following the attack, which took place in the evening in front of the office of the local newspaper, Akdeniz’de Yeni Yüzyıl, where he worked. He suffered injuries to his head and left arm. 

Özyol’s assailants were arrested on 17 May. Özyol said that one of his attackers, who he identified as Taner Canatek, was the driver of Talu Bilgili, a prominent local politician from the Nationalist Movement Party (MHP). MHP allied itself with the ruling Justice and Development Party (AKP) during the general and presidential elections in 2018, and the local elections in March 2019. Özyol claimed that Canatek had worked for an AKP candidate during the local election campaign, and had visited the newspaper’s office with Bilgili, during which they had a heated exchange over a critical article by Özyol. Journalist associations condemned the attack.[/vc_column_text][vc_custom_heading text=”Tuüçe Ünsal and Serkan Çinier attacked at Ankara cemetery” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 16 May, the crew of conservative news channel Beyaz TV was attacked in Beypazarı district of Ankara, online news website T24 reported. Reporter Tuüçe Ünsal and cameraman Serkan Çinier were harassed and battered while filming a news story about the rundown state of a local cemetery. There they were assaulted by a group of people, allegedly supporters of the city’s new opposition mayor Mansur Yavaş. 

Çinier was taken to the hospital following the attack. At least one of the perpetrators was arrested. 

Mansur Yavaş had served as a mayor of a small Turkish town for 10 years before his first run for the Turkish capital’s mayorship in 2014. Beyaz TV is an Ankara-based news channel founded by Osman Gökçek, the son of former Ankara mayor Melih Gökçek.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Ergin Çevik tracked and beaten” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_single_image image=”108023″ img_size=”full” add_caption=”yes”][vc_column_text]On 20 May 2019, three people attacked Ergin Çevik, editor-in-chief of Antalya-based news portal Güney Haberci, in Antalya near a restaurant in the Aksu district. They approached Çevik, asked him if he was Ergin Çevik, and, upon confirmation, attacked him. The beating lasted several minutes, after which the attackers fled the scene. 

Çevik told Evrensel that the assailants had come to his office before the attack and spoken with his secretary. Their visit was caught on camera, and the police are now working with the footage to identify the attackers. Çevik was reportedly assaulted because of his recent investigation of unearned income in the municipality of Aksu. In the article, Çevik called on the mayor of Aksu, Halil Şahin, who was re-elected on 31 March, to address the allegations.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Hakan Denizli shot in the leg” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_single_image image=”108010″ img_size=”full” add_caption=”yes”][vc_column_text]On 24 May, Hakan Denizli, founder of a local newspaper Egemen, was shot outside of his home in the southern province of Adana in front of his 4-year old granddaughter. “I got in the car and the window was open. They came, shot me in the leg and ran away”, Denizli told Arab News. He was immediately hospitalised. The gunman escaped and could not be identified, though the police launched a search. 

This is the 29th attack on Denizli throughout his career.

“This brutal attack against Hakan Denizli–the fourth assault on a journalist in two weeks–appears to signal an alarming cycle of violence against critical voices in Turkey,” said CPJ Europe and Central Asia Program Coordinator Gulnoza Said, as quoted on CPJ’s website. “We call on President Recep Tayyip Erdoğan to strongly condemn the attacks and to instruct his law enforcement to bring those responsible to justice and to ensure the safety of journalists”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Sabahattin Önkibar assaulted” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_single_image image=”108011″ img_size=”full” add_caption=”yes”][vc_column_text]On 25 May, Odatv web portal columnist Sabahattin Önkibar was attacked by a group of unknown individuals near his home in Ankara. Three people got out of two cars parked nearby and attacked Önkibar with their fists, daily Odatv reported. Önkibar filed a complaint with the police about the attack. He became the fifth journalist to be targeted in Turkey within two weeks.[/vc_column_text][vc_custom_heading text=”Hasan Ceyhan beaten up by police” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 28 May, Hasan Ceyhan,  a distributor for the pro-Kurdish newspaper Yeni Yaşam, was beaten by security and police at a metro station in Istanbul, Mezopotamya Agency reported. Ceyhan, who is epileptic, fainted in the metro and was taken out of the train at the central Gayrettepe station. An ambulance was called while he was still unconscious at the station.

Ceyhan told Mezopotamya Agency that the security and police officers at the station checked his bags and saw the copies of the newspaper. They took him to a room inside the station, he said, where one security officer and two police officers beat and insulted him for an hour. They let him go after they forced him to sign a piece of paper stating that he would not file a complaint. Ceyhan said he got a medical report from the hospital and was planning to file a formal complaint to the police. [/vc_column_text][vc_custom_heading text=”Murat Alan attacked leaving mosque” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 14 June Murat Alan, news editor of the ultraconservative daily Yeni Akit, was attacked in Gaziosmanpaşa district of Istanbul, Anadolu Agency (AA) reported. Four people armed with baseball bats and knives attacked Alan as he came out of a mosque after Friday Prayers with his 6-year-old son, a family member and his two children. 

“I said ‘I have children, I have children with me, don’t do this’”, Alan told AA. As he grappled with the attacker who had a knife, one with a baseball bat started hitting him on the head. The assailants were scared off by the worshippers.  

Alan received a head injury as a result of the attack, and was taken to a hospital for treatment. The attackers were caught and detained by the police. A week later, they were released by the court, NTV reported. Prosecutors charged the four men with “actual bodily harm” following a forensics report.

Presidential spokesperson Fahrettin Altun condemned the attack. Alan was under investigation for allegedly “insulting the commanders of Turkish Armed Forces.” [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”“Impossible to talk about democracy in a society where there is no freedom of the press“” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Turkey Journalists’ Society (TGC) condemned the series of attacks in a statement.

TGC said, “We expect that the impunity imposed on all attacks on newspapers and journalists will not be applied in this case. It is impossible to talk about democracy in a society where there is no freedom of the press. Social peace cannot be achieved in an environment where newspapers and journalists are constantly targeted. Attacks on the press are direct attacks on the public’s right to receive information and learn the truth. We want those responsible to be found and punished as soon as possible”.

A letter signed by 20 international organisations–led by the International Press Institute and Committee to Protect Journalists–following the attacks on Demirağ and Özyol on May 16 called on Erdoğan to condemn the assaults and make sure that the perpetrators are brought to justice, reported Hurriyet Daily News. “Attacks like those against Demirağ and Özyol, if left unpunished, will have a serious chilling effect on the country’s journalists and further strengthen a climate of fear, which seriously hinders Turkey’s credibility as a democracy,” read the letter.

“A brief analysis of these attacks reveals that the frequency of such moves against journalists increase at times when the country passes through politically-troubled straits and is open to provocations. Besides journalists, prominent politicians from different lines become targets of such physical attacks at these times. A lynch attempt attack against Republican People’s Party (CHP) leader Kemal Kılıçdaroğlu by a nationalist crowd during a funeral of a fallen soldier in early April should be interpreted within this frame.

“More striking is the fact that this increase in attacks against dissident journalists comes on the eve of the Istanbul election rerun, which has fuelled political tension once again following the cancellation of March 31 polls for Turkey’s largest metropolis. Although there is no direct link between these mentioned attacks on journalists and Istanbul’s renewed elections, an increase in the tension would further complicate the political climate”.

“Having monitored media freedom issues and impunity towards crime committed against media representatives for 25 years, this is the first time I noticed that a government circle has provoked a hostile climate for journalists, at this extent, kept observing intimidations and violence against ‘recalcitrant’ media representatives”, Erol Önderoğlu, a Turkey Representative for RSF who is facing trial, told Index.

“President Erdogan, the AK Party and the Nationalist Movement Party circles remained silent, although the first attack occurred on May 11, and everybody knew it would be contagious. In fact, the government was complicit in allowing MHP militants to silence criticism coming from nationalist or secular parts of the society. It is not a coincidence, then, that two parliament enquiry demands submitted by Iyi Party (Good Party, born from a division within the MHP) and by the main opposition party CHP aiming to investigate this hostile environment for journalists have both been rejected by AKP and MHP votes. Since May 11, no less (sic) than 10 journalists, columnists and reporters were physically attacked in this post-local-election process. All perpetrators were arrested but released pending trial, except for one case in which four men involved in a gun attack were sent to jail. The question is, how shall we expect to fight against impunity if the government itself is clearly involved in the propagation of violence?”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Press Freedom Violations in Turkey” font_container=”tag:h2|text_align:center” use_theme_fonts=”yes”][vc_column_text]

Number and types of incidents recorded between 1 February and 30 June 2019

[/vc_column_text][vc_row_inner css=”.vc_custom_1558428123542{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]

0

Death/Killing

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

5

Physical Assault/Injury

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

7

Arrest/Detention/Interrogation

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]

96

Criminal Charges/Fines/Sentences

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Intimidation

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Blocked Access

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner css=”.vc_custom_1558428157046{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]

0

Attack to Property

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

3

Subpoena/Court Order/Lawsuits

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Legal Measures/Legislation

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Offine Harassment

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Online Harassment

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

DDoS/Hacking/Doxing

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner css=”.vc_custom_1558428169374{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]

1

Censorship

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

114

Total

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Source of the incidents recorded between 1 February and 30 June 2019

[/vc_column_text][vc_row_inner css=”.vc_custom_1558428178637{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]

0

Employer/Publisher/Colleague(s)

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

7

Police/State Security

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Private Security

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]

95

Court/Judicial

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

2

Government official(s)/State Agency/Political Party

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

2

Corporation

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner css=”.vc_custom_1558428186205{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]

0

Known private individual(s)

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Another Media Outlet

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]

0

Criminal Organisation

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]

6

Unknown

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”Monitoring and Advocating for Media Freedom” full_width_heading=”true” category_id=”35195″][/vc_column][/vc_row]