Press freedom in Turkey is challenged by opaque court rulings

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Last Thursday, after nearly eight years of detention three journalists were among a group released from a prison near Istanbul. The journalists Füsün Erdoğan, Bayram Namaz and Arif Çelebi were arrested in 2006 and accused of belonging to the Marxist-Leninist Communist Party (MLKP), which is considered a terrorist organization in Turkey. For journalists and activists who had been closely following the case, the sudden release came as a surprise after months of resistance from local courts.

In November 2013, seven years after her arrest, Erdoğan was sentenced to life in prison for her alleged involvement with the MLKP. She has denied involvement with the group. In a letter Erdoğan wrote that was published by the CPJ last year, she explicitly rejected the charges: “In reality, there was only one real reason for our arrest: police were trying to intimidate members of the progressive, independent, democratic, and alternative media.” Erdoğan is a founder of the leftist radio station Özgür Radyo and began writing for the independent news website Bianet while in prison, mailing editors her regular dispatches, says Elif Akgül, Bianet’s freedom of speech editor.

Earlier this year, judicial reforms in Turkey brought down the maximum legal detention time for prisoners awaiting sentencing in terrorism cases from ten years to five. While Erdoğan had been sentenced in local court, she is still awaiting a verdict from an appeals judge. Following the new reform, Erdoğan’s lawyers applied for her release from prison, but the request was denied in March. Around the same time, eight journalists were released who had been detained in 2011 and were accused of belonging to the Kurdish KCK union, which is also considered a terrorist organisation in Turkey.

The turnarounds over the past months, from Erdoğan’s life prison sentence last year to her release from prison a few days ago, have exposed the Turkish judicial system’s capacity for dragging on a case in uncertainty. Erdoğan was not informed of the charges against her until two years into her detention, and served nearly eight years without receiving a final verdict. Now, after Erdoğan’s sudden and unexpected release from prison, the court’s decision also shows the opacity of court regulations in Turkey. The implications of a broken judicial system for press freedom are troubling—especially in a country with consistently high numbers of jailed journalists.

Füsün Erdoğan’s case has attracted the attention of advocacy organizations like the Turkish Journalists’ Union, the European Federation of Journalists, the Committee to Protect Journalists and Reporters without Borders. Because she’s a Turkish-Dutch dual citizen, last year the Dutch Association of Journalists (NVJ) also began campaigning for her release.

Thomas Bruning is general secretary of the NVJ and has started campaigns in the Netherlands to bring attention to Erdoğan’s case. What drew the most reactions, he says, was when the NVJ had 10,000 posters made featuring a picture of Erdoğan with the text “Füsün Erdoğan must be free” and “journalists are not terrorists” in Dutch. The association sent the posters out to subscribers of their magazine and asked them to share pictures of the posters on social media. Over the last few months, Bruning and the NVJ have also been in contact with Erdoğan’s son, and Bruning gave a speech outside the Dutch parliament when Erdoğan’s son went on a hunger strike there to draw attention to his mother’s case. Now that Erdoğan is out of prison, the NVJ is focused on having the charges against her dropped. “We always said that there are two problems left – one is that, although in the last few months journalists have been released, there are still a lot of journalists in prison in Turkey. The second is that Füsün is released but the charges haven’t been dropped yet. She’s not free to travel and she’s awaiting the appeal. She’s not a free citizen,” Bruning said.

Füsün Erdoğan’s surprise release from prison is not an indicator of lasting change in Turkey’s press freedom situation. During its  2013 prison census, the CPJ reported that 40 journalists were in Turkish prisons. Yesterday, five more journalists were released from prison who had been held in connection to the KCK case. Despite the release of multiple journalists this year, the CPJ estimates that at least 11 journalists are still imprisoned in Turkey.

At protests in Istanbul on May 1, journalists were detained and Bianet reported that at least 12 were injured. A few weeks ago, the journalist Önder Aytaç was sentenced to ten years in prison for a 2012 tweet that insulted Prime Minister Erdoğan. Akgül says freedom of speech is evolving but not improving in Turkey. “In the 1990s, you were killed for being a journalist, in the 2000s you were arrested for being a journalist. Right now, you become unemployed if you’re a journalist,” she said.

Erdoğan’s legal situation remains precarious as she awaits appeal trial, but while Akgül says her release is a positive development, the case is a warning sign for the media climate in Turkey. “It’s a threat not just for the journalists who are on trial, it’s a threat for the others too,” said Akgül. “Because a journalist now working in Turkey, writing critical stuff, knows they can be jailed for being a terrorist member, administrator, member, they can be jailed for lifetimes.”

This article was posted on 15 May 2014 at indexoncensorship.org

Five things we learned in a bad year for press freedom

A London protest calling for the release of jailed Al Jazeera journalists in Egypt (Image: Index on Censorship)

A London protest calling for the release of jailed Al Jazeera journalists in Egypt (Image: Index on Censorship)

Press freedom is at a decade low. Considering just a handful of the events of the past year — from Russian crackdowns on independent media and imprisoned journalists in Egypt, to press in Ukraine being attacked with impunity and government reactions to reporting on mass surveillance in the UK — it is not surprising that Freedom House have come to this conclusion in the latest edition of their annual press freedom report. This serves as a stark reminder that press freedom is a right we need to work continuously and tirelessly to promote, uphold and protect — both to ensure the safety of journalists and to safeguard our collective right to information and ability to hold those in power to account. On the eve of World Press Freedom day, we look back at some of the threats faced by the world’s press in the last 12 months.

1) Journalism is not terrorism…

National security has been used as an excuse to crack down on the press this year. “Freedom of information is too often sacrificed to an overly broad and abusive interpretation of national security needs, marking a disturbing retreat from democratic practices,” say Reporters Without Borders (RSF) in their recently released 2014 Press Freedom Index.

Journalists have faced terrorism and national security-related accusations in places known for their somewhat chequered relationship with press freedom, including Ethiopia and Egypt. However, the US and the UK, which have long prided themselves on respecting and protecting civil liberties, have also come under criticism for using such tactics — especially in connection to the ongoing revelations of government-sponsored mass surveillance.

American authorities have gone after former NSA contractor and whistleblower Edward Snowden, tapped the phones of Associated Press staff, and demanded that journalists, like James Risen, reveal their sources. British authorities, meanwhile, detained David Miranda under the country’s Terrorism Act. Miranda is the partner of Glenn Greenwald, the journalist who broke the mass surveillance story. Authorities also raided the offices of the Guardian — a paper heavily involved in reporting in the Snowden leaks.

2) …but governments still like putting journalists in prison

The Al Jazeera journalists detained in Egypt on terrorism-related charges was one of the biggest stories on attacks on press freedom this year. However, Mohamed Fahmy, Baher Mohamed, Peter Greste and their colleagues are far from the only journalists who will spend World Press Freedom Day behind bars. The latest prison census from the Committee to Protect Journalists (CPJ) put the number of journalists in jail for doing their job at 211 — their second highest figure on record.

In Bahrain, award-winning photographer Ahmed Humaidan was sentenced in March to ten years in prison. In Uzebekistan, Muhammad Bekjanov, editor of opposition paper Erk, is serving a 19-year sentence — which was increased from 15 in 2012, just as he was due to be released. In Turkey, after waiting seven years, Fusün Erdoğan, former general manager of radio station Özgür Radyo, was last November sentenced to life in jail. Just last Friday, Ethiopian authorities arrested prominent political journalist Tesfalem Waldyes and six bloggers and activists.

3) New media is under attack…

As more journalism is being conducted online, blogs, social and other new media are increasingly being targeted in the suppression of press freedom. Almost half of the world’s jailed journalists work for online outlets, according to the CPJ. China — with its massive censorship apparatus — has continued censoring microblogging site Sina Weibo, while also turning its attention to relative newcomer WeChat. In March, it closed down several popular accounts, including that of investigative journalist Luo Changping.

Meanwhile, Turkish Prime Minister Recep Tayyip Erdoğan has publicly all but declared war on social media, at one point calling it the “worst menace to society”. Twitter played a big role in last summer’s Gezi Park protests, used by journalists and other protesters alike. Only days ago, Turkish journalist Önder Aytaç was jailed, essentially, because of the letter “k” in a Tweet.

Meanwhile Russia has seen a big crackdown on online news outlets, while legislation recently passed in the Duma is targeting blogs and social media.

4) …and independent media continues to struggle

Only one in seven people in the world live in countries with free press. In many parts of the world, mainstream media is either under tight control by the government itself or headed up media moguls with links to those in power, with dissenting voices within news organisation often being pushed out. Brazil, for instance, has been labelled “the country of 30 Berlusconis” because regional media is “weakened by their subordination to the centres of power in the country’s individual states”. At the start of the year, RIA Novosti — known for on occasion challenging Russian authorities — was liquidated and replaced by the more Kremlin-friendly Rossiya Segodnya (Russia Today), while in Montenegro, has seen efforts by the government to cut funding to critical media. This is not even mentioning countries like North Korea and Uzbekistan, languishing near the bottom of press freedom ratings, where independent journalism is all but non-existent.

5) Attacks on journalists often go unpunished

A staggering fact about the attacks on journalists around the world, is how many happen with impunity. Since 1992, 600 journalists have been killed. Most of the perpetrators of those crimes have not been brought to justice. Attacks can be orchestrated by authorities or by non-state actors, but the lack of adequate responses by those in power “fuels the cycle of violence against news providers,” says RSF. In Mexico, a country notorious for violence against the press, three journalists were murdered in 2013. By last October, the state public prosecutor’s office had yet to announce any progress in the cases of Daniel Martínez Bazaldúa, Mario Ricardo Chávez Jorge and Alberto López Bello, or disclose whether they are linked to their work. Pakistan is also an increasingly dangerous place to work as a journalist. Twenty seven of the 28 journalists killed in the past 11 years in connection with their work have been killed with impunity. Syria, with its ongoing, devastating war, is the deadliest place in the world to be a journalist, while some of the attacks on press during the conflict in Ukraine, have also taken place without perpetrators being held accountable. That attacks in the country appear to be accelerating, CPJ say is “a direct result of the impunity with which previous attacks have taken place”.

This article was published on May 2, 2014 at indexoncensorship.org

Bad history and bad politics

Kessab is one of the few Armenian towns remaining in the region since the 1915 genocide. Located in Syria, on the Turkish border, Kessab was attacked by Islamic rebels. Armenia has accused Turkey of providing support to the extremists. (Photo: Benjamin Larderet, Demotix)

Armenian protesters in Lyons accused Turkey of supporting Islamic rebels in an attack on Kessab, an Armenian majority town located in Syria, on the Turkish border. (Image: Benjamin Larderet/Demotix)

It is, as Zhou Enlai might have said, probably too early to tell how significant Tayyip Erdogan’s comments alluding to the Armenian genocide will be.

The Turkish prime minister seems to have broken one of his country’s great taboos. In a statement translated into nine languages, the AK leader said: “It is with this hope and belief that we wish that the Armenians who lost their lives in the context of the early 20th century rest in peace, and we convey our condolences to their grandchildren.”

“Having experienced events which had inhumane consequences — such as relocation — during the First World War, should not prevent Turks and Armenians from establishing compassion and mutually humane attitudes among towards [sic] one another.”

According to Anadolu, Turkey’s state news agency, Erdogan also commented: “In Turkey, expressing different opinions and thoughts freely on the events of 1915 is the requirement of a pluralistic society as well as of a culture of democracy and modernity.”

This is not, you will have noticed, an apology. Offering condolence is not at all the same as expressing remorse. Though some would say it is not Erdogan’s duty to express remorse; he is the prime minister of the modern republic of Turkey, not the Ottoman Empire under which the alleged slaughter of over 1.5 million Armenian Christians in 1915  took place.

And some are utterly contemptuous of Erdogan’s statement: Reuters quotes the Armenian National Committee of America describing the statement as an “escalation” of Turkey’s “denial of truth and obstruction of justice”.

But let us assume that a) Erdogan is in a position to speak for Turkey past as well as present, and b) there is, at the kernel of this, an attempt at reconciliation with Armenia and the Armenian diaspora.

The  very mention of the events are significant against the backdrop of the Turkish Penal Code’s controversial Article 301, which forbids insulting “the Turkish nation”. That law has in the past, effectively barred discussion of the genocide, and created a environment where simply identifying as Armenian within Turkey was seen as a provocative act.

The most famous victim of this culture was Hrant Dink, the editor of Agos who was assassinated in January 2007.

Dink saw himself as Turkish-Armenian, and his newspaper was bilingual. He was a firm believer in the potential for dialogue in bringing some reconciliation between Turks and Armenians. He also believed such dialogue could only take place in an atmosphere free of censorship, to the extent that he vowed that he would be the first person to break a proposed French law making denial of the Armenian genocide a crime (a cheap political trick aimed at both currying favour with the Armenian community in France and creating a barrier for Turkey’s proposed entry into the EU).

Ultimately, Dink believed that progress could only be made if we were able to talk freely and access historical debate without impediment or fear.

History, like science, is a process rather than a dogma. And like science, one’s interpretations of history can vary based on both the evidence available and the prevailing mood.

For a long time after the creation of the Irish state, for example, the teaching of history in schools was simple. I recall one primary school history text which seemed to consist entirely of tales of the terrible things foreigners had done to the Irish: first the Vikings, then the Normans, and finally the English. The book finished pretty much where the 1919 War of Independence began. The last page featured the words of the national anthem and a picture of the national flag.

Sympathetic portrayals of English people, and British soldiers in particular, were thin on the ground — Frank O’Connor’s tragic short story Guests of the Nation being one of the very few.

Since the late 1990s peace process, both fictional and historical perspectives on Ireland’s relationship with Britain have changed. Some of the novels of Sebastian Barry, for example, attempt to tell stories of people who were neglected and even vilified in nationalist, Catholic, post-independence Ireland. Part of the plot of Paul Murray’s Skippy Dies has a Catholic school history teacher attempting to get his pupils interested in Irish soldiers who fought for Britain in World War I. Meanwhile, a recent book by nationalist historian Tim Pat Coogan, attempting to paint the Irish potato famine as deliberate genocide rather than cruel neglect, was given short shrift, in spite of the fact that this would have been a mainstream view until relatively recently — one must only listen to the sickly sentimental lyrics of rugby anthem The Fields of Athenry, penned in the 1970s, to understand the appeal of that victim status to the Irish imagination. Wrongs were certainly done in Ireland, but the relationship between the two nations was a hell of a lot more complex than the oppressor/oppressed line that was spun for so many years.

There was no official sanction on differing views of Anglo-Irish relations, but politics permeated the debate. Likewise with the recent intervention of British education secretary Michael Gove on the issue of how World War I is taught in schools. Gove claimed that the idea of a pointless war in which a moribund (figuratively) ruling class led moribund (literally) working class boys to their graves was a modern lefty invention. He was wrong, in that that view had been common even in the 1920s, but his opponents were equally adamant in their insistence that there could only be one view of World War I. None of this discussion was accompanied by new evidence on either side.

At the extreme end of this hyper-politicisation of history are the Holocaust denial laws of many European countries, and laws on glorification of the Soviet era in former Eastern bloc.

In his cult memoir Fuhrer-Ex, East German former neo-nazi Ingo Hasslebach described how, growing up in the DDR, with its overwhelming anti-fascist narrative, nazi posturing was the ultimate rebellion. In the modern era, France’s prohibition on nazi revisionism has led some young north African immigrants, alienated from the French nation state, to see anti-semitism and the quasi-nazi quenelle gesture as the ultimate “fuck you” to the authorities.

Taboos about discussing events of the past breed bad history and bad politics. For the sake of Turkey, and the rest of us, Erdogan should be held to his words on the necessity of free speaking and free thinking.

This article was originally posted on 24 April 2014 at indexoncensorship.org

The right to protest! The right to fight?

Thousands of protesters took to the streets of Istanbul on 1 June in the capital's Taksim Square during demonstrations over plans to turn Gezi Park into a shopping mall. (Photo: Akin Aydinli / Demotix)

Thousands of protesters took to the streets of Istanbul on 1 June in the capital’s Taksim Square during demonstrations over plans to turn Gezi Park into a shopping mall. (Photo: Akin Aydinli / Demotix)

Protests are commonplace in many democracies all over the world, but in the last year there have been several limitations and blockades made to this right. From the protests on several university campuses, to those in Istanbul’s Gezi Park, to the more recent protests in the Ukraine, the world has seen that the right to assembly can still be seen as a direct threat to the authorities and one they wish to suppress. However, are there ever instances when protests should be suppressed, whether because they put the population at risk or are representing an extremist ideology at odds with the rest of society?

Index on Censorship and Sussex University Politics Society are hosting a panel debate to look at the importance of the right to assembly to freedom of expression at Sussex and around the world.

The panel will be a diverse range of free speech experts, and media, academic and student representatives.

Join us on Tuesday 8th April at 6pm in Fulton 104 on Sussex University campus to debate and discuss these important issues.

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