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JOURNALISM IS NOT a CRIME Crackdown on Media Freedom in Turkey Freedom of Expression in Turkey Is Under Sustained and Increasing Attack

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JOURNALISM IS NOT a CRIME Crackdown on Media Freedom in Turkey Freedom of Expression in Turkey Is Under Sustained and Increasing Attack JOURNALISM IS NOT A CRIME Crackdown on media freedom in Turkey Freedom of expression in Turkey is under sustained and increasing attack. Since the failed coup attempt in July 2016, academics, journalists and writers who criticize the government risk criminal investigation and prosecution, intimidation, harassment and censorship. The severity of the Turkish government’s repression of the media is such that it has been described by some as the “death of journalism”. At least 156 media outlets have been Yet despite clear evidence to the contrary, ill-treatment in police detention, and a shut down by executive decree since the government continues to claim that signiƂcant rise in political tensions. July 2016. According to the Union of there are no journalists in prison in Journalists in Turkey (TGS), an estimated Turkey for their journalistic work. The cumulative effect of these actions 2,500 journalists and other media has been to shrink the space for dissent workers have lost their jobs as a result. “We asked for the list...It’s very dramatically and to intensify self- In addition, the Directorate General of interesting. There is everyone on that list, censorship in the increasingly compliant Press and Information has revoked the from murderers to thieves, from child mainstream media. press credentials of 778 journalists. abusers to con men. The only people missing from the list are journalists.” Vague anti-terrorism laws, such as those BACKGROUND prohibiting making propaganda for and 2TGUKFGPV'TFQüCPURGCMKPIVQOGODGTUQH On 15 July 2016, a group within the membership of a terrorist organization, VJG#PCVQNKC2WDNKUJGTU#UUQEKCVKQPCDQWV Turkish military attempted to overthrow are being used to prosecute journalists KORTKUQPGFLQWTPCNKUVU/CTEJ the government. The violent failed coup and media workers. These laws have long left more than 240 people dead. The been used to unfairly prosecute conduct, night’s events were broadcast live to including journalism, that is protected As the cases highlighted in this brieƂng millions in Turkey and around the world. by the right to freedom of expression. show, such claims do not stand up to All dissenting sections of the media have scrutiny. These images were a powerful reminder been targeted, including those focusing for many of a successful military coup in on the Kurdish issue; those accused of Amnesty International believes that the September 1980. That coup was followed supporting the exiled cleric Fethullah routine and lengthy pre-trial detention by a long period of intense repression: Gülen, a former government ally and of journalists and other media workers mass imprisonment of dissidents, leader of what the authorities have called in Turkey is tantamount to punishment pervasive torture, executions following the “FETÖ” network, blamed by the without conviction. It calls for their unfair trials and the shutting down of government for the 2016 coup attempt; release and for charges against them to vast swathes of the media, civil society and the secular media. be dropped unless there is clear evidence organizations and political parties. that an internationally recognizable crime More than 120 journalists and other has been committed. However, the general sense of relief in media workers have been detained, Turkish society when the July 2016 coup some for up to nine months without This clampdown on the media is taking failed proved to be short-lived. trial. In 2016, the Committee to Protect place in the context of a purge of Journalists described Turkey as the government critics from the public sector, On 20 July 2016, a three-month state biggest jailer of journalists in the world. credible allegations of torture and other of emergency was declared. This allowed the government to rule by decree, bypassing Parliament. At the time of writing, the state of emergency had been “Journalism is not a crime…We are defending extended three times and 22 executive decrees enacted. The decrees have had a the very essence and ethics of journalism devastating effect on civil society. while [the government] is trying to destroy it.” • According to the Joint Platform for Human Rights (IHOP), 156 (CVKJ2QNCVGFKVQTKPEJKGHQHVJGPGYURCRGTEvrensel TV and radio stations, newspapers and magazines were closed by four 2 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © GURCAN OZTURK/AFP/Getty Images Demonstrators stop a tank in Istanbul during the night of the coup attempt of 15 July 2016. THE RIGHT TO FREEDOM OF EXPRESSION Turkey is a state party to the exercise of freedom of expression, executive decrees between 21 July International Covenant on Civil and but only if such restrictions are set 2016 and 13 February 2017. A Political Rights (ICCPR) and the out in a clearly accessible and clearly further 23 media institutions were European Convention on Human formulated law, are only for certain closed down by the Radio and Rights (ECHR) and has an obligation speciƂed legitimate purposes (which Television High Council (RTÜK) during to respect, protect and promote the include national security and public the same period. rights set out in these binding treaties. order), are demonstrably necessary (that is, the least intrusive measure • Hundreds of NGOs have been closed Article 19 of the ICCPR and Article that will achieve the speciƂed down. 10 of the ECHR set out the right purpose) and proportionate, and do to freedom of expression; that is, not jeopardize the right itself. While • More than 100,000 public sector the right of everyone to seek, receive certain additional restrictions may be employees, including teachers, and impart information and ideas imposed in order to address a state of academics, police ofƂcers, judges, of all kinds. The media play a key emergency, they must be only what prosecutors and army personnel, have part in enabling people generally is strictly required by the emergency been summarily dismissed. to exercise this right, in particular situation and must reƃect the same by conveying information, principle of proportionality. • Over 47,000 people detained commenting on public issues and pending trial have been subjected to informing public opinion. The extent and depth of the crackdown severe restrictions on their rights in on the media as described in this detention, such as conƂdential access International law permits states to brieƂng go well beyond what is to a lawyer. impose certain restrictions on the permitted under international law. AMNESTY INTERNATIONAL 3 © OZAN KOSE/AFP/Getty Images These latest draconian measures have SILENCING DISSENTING VOICES their roots in attacks on freedom of #ntiriot police ofƂcers try to open a chained gate at In an increasingly compliant media, expression that predate the 2016 the Zaman daily newspaper headquarters in Istanbul dissenting voices are Ƃnding it more on 4 March 2016. The newspaper had been ordered attempted coup. The clampdown into administration by an Istanbul court on that day. and more difƂcult to be heard. Anyone began in earnest during the 2013 expressing views seen as critical by Gezi Park protests that swept the the government risks being on the country. Despite some improvements receiving end of threats, intimidation in law in 2013 and 2014, in practice and harassment online, criminal restrictions of freedom of expression proceedings, detention, dismissal have persisted since then. from their post or censorship. During the two-year peace process between the government and the “Very frankly, it affects you. I was very active Kurdistan Workers’ Party (PKK), there were few prosecutions targeting those on Twitter before I was imprisoned. Now, I am speaking out on the Kurdish issue. However, this changed with the collapse not as courageous, I feel I am self-censoring of the peace process in July 2015, which triggered another wave of censorship. and this disturbs me. If you cannot write or Social media sites were blocked and websites shut down. The government say things, it’s a kind of illness, a kind of exerted direct editorial interference over media outlets and took over media groups death.” perceived to be close to Fethullah Gülen, such as Feza and Ipek. A number of 0GEOK[G#NRC[CNKPIWKUVYJQYCUFGVCKPGFHQTCNOQUVHQWTOQPVJUDGVYGGP#WIWUVCPF individuals who expressed critical views &GEGODGTHQTVCMKPIRCTVKPUQNKFCTKV[CEVKQPD[DGEQOKPICU[ODQNKEIWGUVGFKVQTQHVJGPQY were subjected to criminal prosecutions. ENQUGF-WTFKUJFCKN[Özgür Gündem 4 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © Mürsel Çoban Metin Yoksu, journalist and photographer for the now closed Dicle News Agency. He was held in police detention for 24 days. ċrfan Deüirmenci, teleXision presenter for -anal D who was dismissed from his job after announcing on Twitter that he would Xote pnoq in the constitutional referendum on 16 April 2017. © Private For example, in February 2017, Kanal D POLICE DETENTION /GVKP;QMUW, a journalist and photographer presenter ċTHCP&GüKTOGPEK was dismissed Police stations, unlike prisons, are with the now closed Dicle News Agency, after he announced on Twitter that he not designed to hold detainees for described the conditions in which he intended to vote “no” in the April 2017 lengthy periods of time. Before the was held for 24 days during pre-charge constitutional referendum. By contrast, 2016 attempted coup, the law set the detention: Hürriyet columnist Fatih Çekirge, who maximum period for which people could announced his intention to vote “yes”, kept be held in police custody at four days. “We were all held separately, but with his position. Both Kanal D and Hürriyet other detainees, four or Ƃve people held are owned by the Doüan Media Group. However, on 23 July 2016, the Ƃrst in a space adequate only for a couple of executive decree issued under the state people. There were no windows, no air, Journalists working for foreign media of emergency increased the maximum no beds...The food was awful, many of us outlets and foreign freelance journalists length of police custody to 30 days. had diarrhoea. We had about four toilets have not been spared.
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