What impact will Erdogan’s defeat in the Istanbul elections have on freedom of expression in Turkey?

[vc_row][vc_column][vc_column_text]This article is part of an ongoing series exploring the issues raised by Index on Censorship’s Monitoring and Advocating for Media Freedom project.[/vc_column_text][vc_column_text]Istanbul has been controlled by Recep Tayyip Erdoğan and his Justice and Development Party (AKP) since 1994, when Erdoğan was first elected mayor of the city. Erdoğan has repeatedly stated that, “Whoever wins Istanbul wins Turkey,” but in local elections that were seen as a referendum on his leadership, Erdoğan lost Istanbul – not once but twice. The opposition (Republican People’s Party – CHP) increased its lead over the AKP from 13,000 votes to 777,000 in the election re-run on 23 June.

“We will bring freedoms to this society, we will repair the injustices of this society,” Istanbul’s new mayor, Ekrem İmamoğlu, exclaimed to the crowd as he celebrated his victory. Under Erdoğan, civil liberties have increasingly been curtailed: since the attempted coup d’état in 2016, more than 200 journalists have been arrested or detained on account of their work. The state of emergency, which was imposed in the wake of the coup, ended last July but the chokehold on the press has continued. In the first half of 2019, Turkey accounted for 12.3% of all the alerts on the Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists, a mechanism that monitors threats to media freedom in 47 countries. 

Deniz Yücel

But can journalists soon hope to be able to carry out their work without fear of threats or judicial harassment? Individual rulings that seem to suggest so – such as the Constitutional Court’s ruling on 28 June that Turkish-German journalist Deniz Yücel’s year-long detention was illegal – should not be interpreted as indicators of the AKP’s weakening grip on the judiciary. As Sinan Ülgen of the Edam think-tank wrote the day after the Istanbul election re-run, “very little” may change in the near term.

In June, journalists in Turkey continued to face judicial harassment in the form of investigations, police raids, detentions, and travel bans. On 12 June, 27 employees of the defunct Kurdish-language daily Azadiya Welat became the subjects of an investigation by Diyarbakır Chief Public Prosecutor’s Office. Three days later, in a separate case, seven journalists were taken into custody during a police raid on Etkin News Agency (ETHA) in Istanbul. They were held at the Security Branch of Istanbul Security Directorate for four days, before being released under travel bans. 

A newspaper close to the ruling party called the CHP’s win a “ballot box coup d’état”. When Erdoğan’s leadership was challenged by the 2013 Gezi Park protests or the 2016 coup, he responded by further choking dissenting voices. This time, will his response be different?[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1562165496706-c1b57e11-b6c6-3″ taxonomies=”8996″][/vc_column][/vc_row]

Stories of Justice: If you are the ‘other’ in Turkey, you should know that you carry death in your pocket

[vc_row][vc_column][vc_column_text]This article is part our partnership with the Media and Law Studies Association. The Stories of Justice series is an MLSA project supported by the Friedrich Naumann Foundation for Freedom.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”96575″ img_size=”full” add_caption=”yes”][vc_column_text]

They say that people get a smile on their face when justice is served. Justice in Turkey also makes people smile – sometimes, even when it is not served. What a mysterious success! The person who passes those verdicts could even be nominated for the Nobel prize as a master of black humor if only one forgot that the sentences were products of justice. I think there isn’t a single country on earth with a judicial system that pleases everybody. Something like that is only possible in the afterlife for believers. A judicial system that pleases the majority might be labeled “not bad,” even if one can’t call it “good.” But if this is the case, then should we wait for kingdom come to get justice? Don’t you think that might be a little too late? Justice delayed is justice denied, isn’t it? I can hear the people of my country responding with “better late than never.” But why have late justice when you can have it early?

Justice in Turkey has been lame for a long time because it has been sabotaging itself. However good the laws are, those that mete out justice have either been bad of their own accord, or they have had to be bad out of their own interest.

The latter is the case for most of them. The main reason for verdicts that would make even the best black comedy masters envious is that those that implement justice are under the guidance of the government, meaning they have to act according to orders from on high. What counts for today’s zeitgeist is not that justice is served but the threat of a judicial stick coming crashing down on your head if you contradict the spirit of the time. It’s not the law, but the rules of the government, that are in force. You can see it looking at how the “good boys” of today are acquitted one by one. This is what the zeitgeist requires.

This country is home to a judge who accepted a prosecutor’s request to tap a number of telephones, including his own. When the incident was revealed, he said he could not read properly at the time since he did not have his glasses on him and signed the verdict without fully understanding the request. Let’s take a brief look at some unique ideas of justice in Turkey, which would actually fit better in a work of fictional humor than a courtroom. But this is the real world, and these sentences have all affected the lives of people by violating their right to freedom.

A suspect who was accused of chanting slogans in a crowd was sentenced for conducting terrorism propaganda. So far, so good. But what if that person is deaf and mute? If you live in Turkey, you have to avoid crowds as much as you can, for your own sake. Otherwise, you might get a headache, or even a migraine, from the authorities for reasons like failing to walk away from crowds, looking at people who are dancing a political halay, whistling or keeping the rhythm to the music. I’m telling you…

Speaking about health issues, you should mind your hands, washing them frequently. This is naturally important for hygiene, but it is also important for avoiding particular illnesses and saving you from being detained as a suspect. Please, don’t ask how. One civil servant, who was returning from a cadastral field trip, was detained and later sued for throwing stones at police because his hands were dirty. We cannot know for certain if not washing his hands had pathological consequences, but it obviously resulted in psychological trauma.

Don’t get excited, and never run. Be like a koala; never be in a rush. Move gently and slowly. Otherwise, police who arrive to intervene against an incident may check by hand and notice that your heart is beating fast, leading them to detain and sue you for being involved in an incident and escaping from police. This is part of the reason Turkey is not particularly successful in track and field.

If you happen to come to Turkey from an Asian country, then you should have a translator with you. Otherwise, the court might fail to read your defense after you’ve spent nearly two years behind bars because it cannot find a translator. You might have started learning Turkish in the meantime. Speaking a single language is very important in Turkey. But which language is it, do you think? You would be joking if you thought it was anything but Turkish. Kurdish, for one, is still mentioned as “X” or “unknown language” in parliamentary minutes.

Make sure not to have any maps on scraps of paper, your mobile, tablet or other device you carry. And if there are some different colors and lines on the Turkey part of that map, then you’re in for trouble, because you can be arrested or sued for planning to divide the country. Such a map, which showed the habitats and population of bees in Turkey, was accepted as evidence in a case in which the prosecutor sought an aggravated life sentence for a person who allegedly “disrupted the unity and territorial integrity of the state.” Alternatively, you may face a probe for carrying a world map that shows Turkey smaller than it is. Only those who experience this would know.

If your country has the colors of yellow, red and green in its flag – which is the case for many African countries – and if you have clothing with the same colors, don’t come to Turkey wearing it. You might turn into a terrorism suspect the moment you land at the airport. Please don’t be that evil-minded, dear! They don’t like colors or colors together in Turkey. This is why the first traffic lights in Yüksekova in the southeast had blue-colored lamps instead of green. This might also be why the most appreciated color in the country is black.

Let’s not look into this headache profession of mine. “Propagate for me or shut up,” is what they say here. Justice? Who’s lost it that you’ll find it? A journalist whose name I will not disclose wrote a story that received a prize. Then what happened? The author of the story was sentenced.

On a chilly night in the middle of winter, your sole fear shouldn’t be freezing your hands and legs off as you carry diesel oil on the back of your mule to earn some pocket money. That’s because your body might be torn to a thousand pieces if one of those iron birds they call fighter jets pours fire on the group you are walking with. The next thing that mules will carry might be the body parts of you and your friends wrapped in a blanket. They won’t care why you were taking the sharp ridge of the mountain on a freezing night, and it won’t matter whether you are armed or not. Who cares that most of you are children! Nothing matters at all. Here, “everything is a small detail if the issue is the homeland.” This is what you live through; this is what they make you go through; this is the truth. Take it or leave it! Because at the end of the probe launched to investigate the incident mentioned above, it was ruled that those who died were responsible.

If you are the “other” in this country, you should know that you carry death in your pocket. Your burial shroud should be within easy reach because it is not the creator who knows when you will need it, but those who see themselves as his reflection on earth. Under these conditions, how could I pen a story on justice? Now as “the other,” I ask for a “justice for others.” Do you have it or should I wait for the afterlife? To be honest, I have no intention of ringing the bells for the angel of death. Actually, this story itself is a complete work of fiction and doesn’t have the slightest connection to reality. Does it?

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_single_image image=”107712″ img_size=”full” onclick=”custom_link” link=”https://medyavehukuk.org/en”][/vc_column][vc_column width=”1/2″][vc_column_text]The Media and Law Studies Association is a Turkish non-profit (registered as Medya ve Hukuk Çalışmaları Derneği) that campaigns to support democracy and the rule of law in Turkey. MLSA offers legal protection to journalists and promotes the public’s right to information with an emphasis on supporting financial and science reporting.[/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:1561714600534-3dc93beb-c283-8″ taxonomies=”19913″][/vc_column][/vc_row]

Turkey, Azerbaijan, Ukraine, and Russia among Europe’s most flagrant offenders of media freedom in 2018

[vc_row][vc_column][vc_row_inner][vc_column_inner][vc_column_text]This article is part of an ongoing series exploring the issues raised by Index on Censorship’s Monitoring and Advocating for Media Freedom project.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]In 2018, 17 alerts were submitted to the Council of Europe’s Platform to promote the protection of journalism and safety of journalists relating to impunity for murders of journalists. Of these, 15 occurred in the countries covered by Index on Censorship’s ongoing Monitoring and Advocating for Media Freedom project: Turkey (2), Azerbaijan (2), Ukraine (5), and Russia (6).

The Monitoring and Advocating for Media Freedom project documents, analyses, and publicises threats, limitations and violations related to media freedom and safety of journalists in Azerbaijan, Russia, Turkey and Ukraine, (as well as Belarus, which is not in the Council of Europe), in order to identify possible opportunities for advancing media freedom in these countries.

As part of the project, Index on Censorship submits and co-sponsors alerts on violations, including physical attacks on journalists and threats to media freedom, to the Council of Europe’s platform. When a member state is mentioned in an alert, the state is asked to log any remedial action they have taken in the platform. The platform’s objective is to put pressure on Council of Europe states to act in accordance with international human rights law and media standards.  

Turkey, Azerbaijan, Ukraine, and Russia look likely to be among Europe’s most flagrant offenders of media freedom again in 2019: despite accounting for just 8.5% of the Council of Europe member states, they account for 36% of the alerts filed on the platform so far this year.[/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]Turkey remains the world’s largest imprisoner of journalists. Arrested journalists continue to be detained on charges of membership of or creating propaganda for a terrorist organisation. Three of the fourteen staff of the newspaper Özgürlükçü Demokrasi who were arrested in 2018 and charged with “membership in a terrorist organisation and terrorist propaganda” remain in detention in Istanbul. The next hearing in their trial is scheduled for 28 June 2019.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”107324″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Despite President Aliyev’s pardoning of more than 400 people earlier this year, journalists among them, severe obstacles remain to press freedom in Azerbaijan. Travel bans remain one of the most common instruments with which to silence critical voices in the country, despite being in violation of Article 12 of the International Covenant on Civil and Political Rights (“everyone shall be free to leave any country, including his own”), which Azerbaijan ratified in 1992.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98655″ img_size=”full” add_caption=”yes”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Last month investigative reporter Vadym Komarov was beaten into a coma in the Ukrainian city of Cherkasy. He was found with severe head injuries and was taken to hospital where he underwent brain surgery. He frequently wrote about corruption, administrative incompetence, prison conditions, and illegal construction. According to the most recent reports, police have not yet identified the attacker, but are treating the incident as premeditated attempted murder.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98652″ img_size=”full” add_caption=”yes”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Along with Ukraine, Russia is among the Council of Europe states where journalists endure the highest rate of physical violence. Earlier this month, unknown assailants attacked the well-known blogger Vadim Kharchenko after he went to meet a potential source. Kharchenko is known for reporting on and investigating alleged police abuse of power. As noted in its recently published report, Index on Censorship recorded 116 violations of press freedom in Russia between 1 February 2019 and 30 April 2019.  [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]

Monitoring and Advocating for Media Freedom methodology

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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.

[/vc_column_text][vc_column_text]How does Monitoring and Advocating for Media Freedom work?

The project relies on a network of independent journalists who monitor local news sources, speak to individuals involved in the situations and interface with journalist unions to understand the facts of the situation and help put the press freedom violation in a larger context.

Correspondents, who are each responsible for a particular country, submit narrative summaries of the facts of the situation to a research editor, who works with the correspondent to verify the information. The narrative reports are then published in summary form in periodic roundups of developments. Once monthly, a themed article is published highlighting a particular aspect of press freedom drawing on the submitted narratives. Periodically reports summarising the issues for a particular country are published to highlight the situation for journalists on the ground.

Who is a journalist?

Monitoring and Advocating for Media Freedom defines a journalist a person who gathers, assesses, verifies, organises, and presents news and information, via print, digital or broadcast media; who holds government, business, and other institutions and authorities accountable; who provides citizens with the information they need to make the best possible decisions about their lives, their communities, their societies, and their governments; and who puts the public good above all else, without regard for the political viewpoint of the outlet.

What is a press freedom violation?

Monitoring and Advocating for Media Freedom defines a “press freedom violation” against a set of categories to help understand the incident and place it in a larger analytical framework.

For example, a journalist barred from reporting in a country’s parliament; a reporter injured by police or demonstrators at the site of a protest, despite presenting press credentials and identifying safety gear. An independent journalist refused entry to a press conference because of material they had previously published. Press freedom violations can take many different forms and the above examples are just a small sampling.

How does Monitoring and Advocating for Media Freedom evaluate press freedom violations?

Each narrative report that is sent to Monitoring Media Freedom is run against a set of categories to place it in a larger context and allow for analysis.

  • Limitation to Media Freedom
    1. Death/Killing – Media worker killed as a result of their work
    2. Physical Assault/Injury – Media worker subjected to violence as a result of their work  
    3. Arrest/Detention/Interrogation – Media worker arrested, detained or called in for questioning as a result of their work
    4. Criminal Charges/Fines/Sentences – Media worker charged in connection with their work
    5. Intimidation – Media worker (and/or their family/friends) menaced as a result of their work
    6. Blocked Access – Media worker prevented from covering a story or speaking to a source; media worker prevented from entering a place/institution/country
    7. Attack to Property – Media worker’s computers, cameras or other tools damaged while on assignment; media worker’s home or vehicle sabotaged as result of their work; media office sabotaged
    8. Subpoena / Court Order/ Lawsuits – Media worker sued as a result of their work; Media worker ordered to court; This would also include SLAPP suits where a journalist is targeted with legal action. Libel, defamation suits:
    9. Legal Measures – Legislation or court rulings that directly curtail media freedom
    10. Online Defamation/Discredit/Harassment/Verbal Abuse – Media worker harassed, bullied, threatened, ridiculed online (via email/social media/website comments/on forums)
    11. Offline Defamation/Discredit/Harassment/Verbal Abuse  – Media worker harassed, bullied, threatened, ridiculed verbally, in a public or private setting
    12. DDoS/Hacking/Doxing – News site or journalist targeted with or without violation of privacy
    13. Censorship — Journalist’s material altered, removed or spiked
      1. Previously published work substantially edited or removed from public access
      2. Journalist’s work altered beyond normal editing or withheld from publishing
      3. Commercial interference: Threats by companies to pull adverts over coverage; Pressure from media owners; Bribing journalists, editors or media outlets to publish fake news or favorable coverage about a company
      4. Soft censorship: indirect government pressure on media groups through advertising decisions and restrictive legislation;
      5. Self-censorship: Journalist says they have not reported on a subject because of pressure or fear
      6. Loss of Employment: Journalist fired, suspended, or forced to quit their job because of their reporting
    14. Other Serious Issues — other cases that don’t fit into existing categories
  • Source of Violation
    1. Employer/Publisher/Colleague(s)
    2. Police/State security
    3. Private security
    4. Government/State Agency/Public official(s)/Political party
    5. Court/Judicial
    6. Corporation/Company
    7. Known private individual(s)
    8. Criminal organisation
    9. Another media
    10. Unknown — any other type. If the abusing party is known but there’s also an unknown mastermind, we use two categories – the one that applies to the known party, and Unknown.

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