JOURNALISM IS NOT A CRIME Crackdown on media freedom in 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 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 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 , 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. Some have been It also allowed detainees to be denied for about 150 people detained there, and deported or denied entry to Turkey while access to a lawyer for the Ƃrst Ƃve days. no access after midnight. We often used others saw their state-issued press plastic water bottles at night.” credentials revoked. For example, &KQP On 23 January 2017, another executive 0KUUGPDCWO, foreign correspondent for decree reduced the maximum period The Wall Street Journal, was detained on of pre-charge police detention to seven 27 December 2016 and held in police days, renewable for a further seven days. detention for two and a half days without The 23 January decree also lifted the access to his lawyer, family or anyone else ban on access to lawyers during the Ƃrst in the outside world. And on 14 February Ƃve days of detention. However, this 2017, the Turkey correspondent for the came too late to protect a number of German newspaper Die Welt, &GPK\;ØEGN, media workers arrested earlier, such as became the Ƃrst foreign journalist to be those detained during the so-called “Red remanded in pre-trial detention since the Hack” investigation (see page 12). attempted coup (see page 13).

AMNESTY INTERNATIONAL 5 © Metin Yoksu

PRE-TRIAL DETENTION over 30 years, most recently employed the state of emergency are taking their The routine detention for lengthy periods as a columnist in the now closed Zaman toll. Imprisoned journalists are allowed of media workers who have not been newspaper. He was detained on 27 visits only from their closest relatives convicted of any crime is punitive and July 2016, accused of membership of and for just one hour a week. During undermines the right to liberty and the “FETÖ”. Since 30 July, Ĵahin Alpay has visits, relatives are usually separated presumption of innocence. been held pending trial in high from detainees by a glass screen and security prison near Istanbul. communication is via a phone. Open More than 120 media workers are visits are rare. currently in pre-trial detention. Among Months of pre-trial detention under them is ĴCJKP#NRC[, a journalist for the restrictive measures permitted by Detainees are allowed one weekly hour- long consultation with their lawyer, which is monitored by prison ofƂcials, in violation of their right to conƂdential RIGHT TO LIBERTY communication with counsel. Those in Silivri prison, where many journalists Under international human rights law detention at reasonable intervals, with are held, are not allowed to send or and standards, there is a presumption the burden on the authorities to prove receive letters, and association with that people charged with a criminal that detention is still necessary and other prisoners is limited to the two other offence will not be detained pending proportionate and that they are individuals in their cell. trial. conducting the investigation with special diligence. Anyone detained on a criminal charge has the right to trial within a Failure to comply with these reasonable time or be released pending requirements is tantamount to trial and to have an independent and punishment without conviction, which impartial court or other judicial is contrary to universally recognized A woman holding a newspaper walks past a row of authority review the lawfulness of the general principles of law. police in Istanbul in August 2016.

6 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © Private

-adri )Ørsel, columnist for the newspaper Cumhuriyet, who has been in detention since 31 October 2016.

SECRECY ORDERS Fundamental guarantees of fair procedure require that anyone detained pending trial for a criminal offence must have access to the information necessary to enable them to challenge the allegations against them. RATCHETING UP PRESS REPRESSION: Cumhuriyet is seen by many as a symbol THE CASE OF CUMHURIYET of a new frontier in media repression. However, in Turkey the use of secrecy orders during the investigation stage On 5 November, four of the 13 were means that lawyers are not able to test “Had there been evidence to support the released pending trial. The remaining whether the authorities hold sufƂcient accusations levelled against us, the trial nine, and two people detained later in evidence to justify pre-trial detention. process would have already started… the year, remain in pre-trial detention in Secrecy orders can be applied if “a Time is passing, our imprisonment is Silivri prison. Lawyers have applied to review into the content of the Ƃle, or turning into punishment.” the European Court of Human Rights on copies taken, hinder the aim of the behalf of the 10 detained Cumhuriyet ongoing investigation” (Article 153 of the -CFTK)ØTUGNCumhuriyetLQWTPCNKUV journalists and executives for violation of Code of Criminal Procedure). Although Articles 5 (right to liberty) and 10 (right the law states that secrecy orders to freedom of expression) of the ECHR. must not be imposed at the expense of On 31 October 2016, 13 columnists defence rights (Article 157 of the Code and executives of the opposition daily Among those detained were the of Criminal Procedure), in practice, newspaper Cumhuriyet were detained by newspaper’s editor-in-chief, /WTCV many defence lawyers for journalists police. Cumhuriyet, meaning “republic” 5CDWPEW; veteran columnist -CFTK)ØTUGN; held in lengthy pre-trial detention are in Turkish, has been an independent and cartoonist /WUC-CTV. After Ƃve being denied access to the information secular voice since it was established days in police custody, the prosecutor they need to effectively challenge their shortly after the founding of the Turkish requested that they be remanded in clients’ detention. Republic in 1923. The targeting of prison pending trial on charges of acting on behalf of a terrorist organization and making the organization’s propaganda (Articles 220/6 and 220/8 of the Penal Code). At the centre of the prosecutor’s argument was the allegation that “In my journalistic career spanning 30 years, Cumhuriyet’s editorial line and content were directed by “FETÖ” in order to I have always acted on the basis of my own undermine the state. free will and the principles and ethics of my profession. I maintained my ethical integrity. I have never written anything on the orders of someone else.”

-CFTK)ØTUGNoUUVCVGOGPVVQVJGEQWTV0QXGODGT

AMNESTY INTERNATIONAL 7 © Amnesty International (Foto: Marieke Wijntjes)

8 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY AMNESTY INTERNATIONAL 9 © Musa Kart

“The prosecutor who opened this /WUC-CTV, whose daily cartoons have investigation, collected the so-called appeared on Cumhuriyet’s front page %artoon by Musa -art, an imprisoned cartoonist for evidence and decided to detain us is for some 15 years, was questioned Cumhuriyet newspaper, published on 16 July 2016. The teZt reads pthe history of democracyq. himself facing a prosecution for FETÖ about comments made by former membership…It is clear that such a executives of the newspaper, headlines person cannot investigate us…I believe and articles by other journalists writing our right to a fair trial is being violated for the paper and even about a protest Musa -art, who has been in detention since and that our freedom is being unlawfully outside the newspaper’s ofƂces on 3 31 October 2016. stolen from us.” November 2016, when he was already in police detention. © Private %QWTVFGRQUKVKQPQH/WTCV5CDWPEWCumhuriyetoU GFKVQTKPEJKGH0QXGODGT Further detentions of people linked to Cumhuriyet followed.

-CFTK)ØTUGN was questioned about his #MČP#VCNC[, a board member and column dated 12 July 2016 - that is, lawyer for the paper, was detained on three days before the attempted coup. 11 November 2016. He had been issued In the column, entitled “Erdoüan wants with an arrest warrant and had gone to to be our father”, he wrote: “Given that present himself to the authorities on his Erdoüan wants to force himself on us as return from a holiday abroad. our father, then all Turkey needs is a rebellious son like Muhammed Bouazizi, Investigative journalist #JOGVĴČM was who created the spark for the toppling detained on 29 December and remanded of the dictator in Tunisia. I don’t want in custody the next day. He was initially it to be misunderstood: I am not accused of making propaganda for suggesting [this rebellious son] should both “FETÖ” and the PKK. The latter immolate himself like Bouazizi, he should allegation was based on his interview of a light a cigarette and not put it out.” PKK leader in March 2015. The prosecutor argued that these comments “pointed at the [imminent] No stranger to politically motivated 2reXious page ActiXists from Amnesty International coup attempt in a covert way or by way prosecution and imprisonment, Ahmet ĴČk Netherlands and other organizations protest for press freedom in front of the Turkish consulate in Rotterdam, of a subliminal message”. Kadri Gürsel was held from March 2011 in pre-trial The Netherlands, on 24 February 2017. denies the allegation. detention for more than a year for writing

10 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © Gokhan Tan © IHLAS NEWS AGENCY/AFP/Getty Images

InXestigatiXe journalist Ahmet ĴČk is accused of passisting a terrorist organizationq as part of the trial against journalists and eZecutiXes from Cumhuriyet newspaper.

Journalist NazlČ IlČcak in Muüla on 26 July 2016 after being detained by police.

held in police detention at the Gayrettepe “I reject the accusations that are made Security Directorate.

against me. The subject of the investigation On 29 July, the court remanded her in prison pending trial on the grounds that concerns my professional activities, in other she could not be found at her holiday home on the day the arrest warrant was words, journalism.” issued and that as a result there was a risk of absconding as well as tampering with #JOGVĴČMoUEQWTVFGRQUKVKQP&GEGODGT evidence and pressuring witnesses during the investigation.

a book, The Imam’s Army, detailing the The indictment typically lacks evidence On 4 October, in addition to charges alleged inƂltration of state structures by of actual links to terrorist organizations of membership of “FETÖ”, NazlČ IlČcak those loyal to the cleric Fethullah Gülen, or any acts in support of their goals. was questioned by the prosecutor for at that time an ally of the governing The vast majority of the indictment “attempting to bring down the government Justice and Development Party (AK lists articles and tweets criticizing the or to prevent it from carrying out its Party). He was acquitted of all charges government, or investigative stories duties”, which carries a sentence of life in this case on 12 April 2017. that are wholly covered by the right to imprisonment without parole (Article freedom of expression. For example, eight 312 of the Penal Code), and producing In 2014, Ahmet ĴČk successfully tweets, two interviews and an article by “propaganda for a terrorist organization” challenged his detention at the European Ahmet ĴČk are presented as evidence of (Article 7/2 of the Anti-Terrorism Law). Court of Human Rights which found that his aiding the PKK/KCK, the DHKP-C She was asked about a TV programme she his rights to liberty, to challenge the and FETÖ/PDY: three separate proscribed hosted the day before the coup attempt. legality of his detention and to freedom groups that have totally different, often of expression had been violated. opposing, agendas. “I started working at Can Erzincan TV [now closed by executive order for alleged links On 30 January 2017, Ahmet ĴČk’s JOURNALISTS TARGETED FOR ALLEGED to ‘FETÖ’] after trustees were appointed lawyers made an application to the LINKS TO FETHULLAH GÜLEN to Bugün TV [now also closed] and I was Constitutional Court challenging the sacked from my post there. On 14 July legality of his current detention and “Nowadays, to be a journalist in Turkey is 2016, I co-hosted a programme with the violation of his right to freedom of to be very unlucky.” Mehmet Altan on which Ahmet Altan was a expression. A decision by the Court was guest. During the programme I didn’t say pending at the time of writing. /KMCKN*CUDGM0C\NČ+NČECMoUNCY[GT anything to legitimize a coup attempt… In the period prior to the coup attempt On 4 April 2017, a 306 page indictment there were rumours of a possible coup. against the Cumhuriyet journalists and 0C\NČ+NČECM, a prominent journalist and In May, I remember the Chief of General executives was Ƃnally published. A total political commentator, was on holiday in Staff himself dismissing the rumours and of 19 people, including those in Silivri south Turkey when she saw in the media stating he was in control of the command prison, are charged under Article 220/7 of on 25 July 2016 that an arrest warrant structure within the army…My job at the the Penal Code with “assisting a terrorist had been issued for her. According to TV station was to present a programme – organization”. Cartoonist Musa Kart and her lawyer, NazlČ IlČcak was stopped and nothing more, nothing less.” board member and lawyer AkČn Atalay are detained by police as she was on her way also charged with “abusing trust” (Article to present herself at a police station on 0C\NČ+NČECM 155/2 of the Penal Code). 26 July. She was taken to Istanbul and

AMNESTY INTERNATIONAL 11 © Metin Yoksu

prison pending trial since 30 July 2016 THE ‘RED HACK’ INVESTIGATION The daughter of jailed journalist Mahir -anaat holds charged with membership of a terrorist a banner reading pfreedom for Mahir -anaat  organization (“FETÖ”). “My hands were tied behind my back and journalism is not a crimeq during a demonstration for press freedom in Istanbul on 9 April 2017. a ‘special team’ [police ofƂcer] was on “When I was asked to write in Zaman, the top of me. I shouted ‘my wife is nine Gülen movement was seen in a positive months’ pregnant, why are you making light in political circles… I wrote about her lay down’ and tried to get up. There our need to establish a civilian government was a scufƃe, I was kicked in the face.” At the time of writing, NazlČ IlČcak system and a democracy… I was also remained in the BakČrkÒy women’s curious about the attraction of Fethullah /CJKT -CPCCV FGUETKDKPI JKU CTTGUV CV CO QP prison where she had been held for over Gülen so I looked into it. I concluded that  &GEGODGT  nine months; repeated applications for he represented a modern version of Islam, release on bail had all been rejected. until the most recent events.” The indictment against 17 defendants, /CJKT-CPCCV is a journalist with the including NazlČ IlČcak, was published on ĴCJKP#NRC[oUFGRQUKVKQPVQVJGEQWTVQP left-wing Birgün newspaper. He was 11 April 2017. She cannot send or  ,WN[  one of six journalists detained on receive letters and visiting is restricted 25 December 2016 and held in police to very close relatives once a week for custody for 24 days in Vatan Avenue an hour. Her application to the An application to the Constitutional Court Security Directorate in Istanbul. His wife European Court of Human Rights on the for interim measures to secure Ĵahin gave birth to their second child while he grounds of violations of the rights to Alpay’s release on grounds of his poor was in police detention. liberty (Article 5 of the ECHR) and health was denied. An application for freedom of expression (Article 10 of the priority review by the European Court of According to his lawyer, during their time ECHR) was pending. Human Rights remains pending. At the in police custody, Mahir Kanaat and the time of writing, Ĵahin Alpay has been other journalists were not questioned ĴCJKP#NRC[, a journalist of 30 years’ held in prison for over eight months. or told the reasons for their detention. standing and former Zaman newspaper The indictment against 30 defendants, When he was Ƃnally questioned by a columnist, is 73 years old and in poor including Ĵahin Alpay, was published on police inspector after 24 days, he was health. He has been remanded in 10 April 2017. asked whether he knew those involved

12 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © KAY NIETFELD/AFP/Getty Images

2eople take part in a conXoy protest for the release of Die Welt journalist Deniz YØcel in $erlin on 28 February 2017.

in Red Hack, a group of hackers who, Çelik, DiyarbakČr News Director with the Deniz Yücel remains in Silivri prison. His in September 2016, published tens of Dicle News Agency – be detained, accused lawyers’ application for his release was thousands of emails including some they of membership of a terrorist organization; turned down on 13 March 2017, in a allegedly obtained by hacking the email the other three journalists were released. ruling displaying a blatant disregard for account of Berat Albayrak, the Minister the presumption of innocence. The court for Energy and Natural Resources and &GPK\;ØEGN, Turkey correspondent stated “the suspect’s writings, which are President Erdoüan’s son-in-law. The for Die Welt, was initially detained on the subject of the investigation, are in emails were widely reported on at the 14 February 2017. He was one of the fact acts that are wilful and conscious time, including in Birgün. journalists who had been added to the distortions of the truth to assist the aims Twitter group with which the hacked of unlawful armed organizations.” Mahir Kanaat and the Ƃve other emails had been shared. After 13 detained journalists had been added days in police detention, Deniz Yücel CRUSHING THE KURDISH MEDIA to a Twitter group used to share the was questioned by the prosecutor who In July 2015, the fragile peace process hacked emails. His lawyer told Amnesty requested that he be remanded in prison between the Turkish government and the International that Mahir Kanaat had pending trial for “making propaganda for PKK collapsed. In the ensuing context of not himself written about the hacked a terrorist organization” and “inciting the armed clashes and 24-hour curfews in emails, but had shared on Twitter public to hatred”. dozens of towns and cities, reporting from a news article published in Birgün. the southeast region was very difƂcult. On 17 January 2017, Mahir Kanaat and In fact, Deniz Yücel was questioned by the other Ƃve were questioned by the prosecutor and the court about seven The post-coup clampdown on freedom a prosecutor. articles on a range of issues unrelated to of expression was felt acutely by all the hacked emails. In his deposition in those concerned about the Kurdish issue “We were Ƃnally in front of the prosecutor, court on 27 February, he pointed out that and human rights. Almost all Kurdish who didn’t have the record of my the questions he was asked were based newspapers, TV and radio stations and questioning by the police. My lawyer on erroneous translations and partial news agencies have been closed down. gave it to the prosecutor who asked the readings of his articles. same questions, in addition asking me about my links to the MLKP [the Marxist- “I am treated well but being held on my Leninist Communist Party]. He didn’t ask own is a kind of torture…When I look out me about the [hacked] emails which was of the window all I see is a 6m wall. But the reason for our detention. It took the my health and spirit are good, despite prosecutor 15, at most 20, minutes to everything.” read all the depositions and write the request for our remand in prison.” /GUUCIG UGPV D[ &GPK\ ;ØEGN XKC /2 ĴCHCM 2CXG[  /CTEJ  2CTNKCOGPVCTKCPU CTG The court ordered that three of the six VJG QPN[ RGQRNG QVJGT VJCP ENQUG TGNCVKXGU CPF journalists s Mahir Kanaat; Tunca Öüreten, NCY[GTU CNNQYGF VQ XKUKV RTKUQPGTU JGNF WPFGT former Diken website editor; and Ömer VJG UVCVG QH GOGTIGPE[

AMNESTY INTERNATIONAL 13 © Sarya G “They tell you ‘I Ò züo

ü believe you were lu making propaganda, now defend yourself’. It seems you have to prove you were not breaking the law, they don’t have to prove that you were.”

$GTKVCP %CPÒ\GT ,+0*# LQWTPCNKUV

$eritan %anÒzer, a journalist with the JINHA news agency, was detained while coXering a protest against the curfew in DiyarbakČr and later sentenced to 15 months’ imprisonment, suspended for ƂXe years.

JINHA handcuffed throughout. In fact, one of “I was strip-searched [by two women police $GTKVCP%CPÒ\GT was detained while the others was still receiving treatment ofƂcers] when I was detained in Mardin. covering a protest against the curfew for the damage caused by the handcuffs When they took me to the Anti-Terrorism in DiyarbakČr on 16 December 2015. a month later. We stopped only twice in branch, I was strip-searched again. Initially, she was accused of “acting that time. It was terrible.” Police ofƂcers told me ‘there is a state of suspiciously and moving with the emergency now, all the rights are ours, we unlawful demonstration”. She was taken Beritan CanÒzer was released on can do whatever we want.’ They threatened to DiyarbakČr Anti-Terrorism Branch 29 March at the start of her trial. me with torture. One of them suggested I where she was held for three days and On 10 May the court acquitted her of should become his lover, that if I did so, then remanded in DiyarbakČr prison “membership” but convicted her of he would save me. It was awful. I kept on for “membership of” and “making “propaganda for a terrorist organization” saying I am a journalist.” propaganda for a terrorist organization”. on the basis of her notes, social media The decision to imprison her was based shares and photos on her phone. The

14 JOURNALISM IS NOT A CRIME CRACKDOWN ON MEDIA FREEDOM IN TURKEY © Re Ƃ k Tekin

30 women. For months, she slept on and to publish statements made by the the ƃoor on blankets. Access to water PKK in Turkish.

AMNESTY INTERNATIONAL 15 CONCLUSION media workers silences their voices, has expression in Turkey. However, criticism A vibrant and pluralistic media is a chilling effect on others and creates a from other states has been slow and essential to the enjoyment of other huge void in public debate. Securing the limited, with a few important exceptions human rights by all members of society. release of imprisoned media workers is such as the German Chancellor’s robust The right to freedom of expression is therefore a key part of creating a better response to the imprisonment of Die Welt not limited to the right to speak freely; future for human rights in Turkey. journalist Deniz Yücel. it also encompasses the right to seek and receive information and ideas and Outspoken criticism by the Council All those in positions of inƃuence, to develop opinions on the basis of of Europe’s Commissioner for Human both within Turkey and outside, have a information that is freely available. Rights, the UN Special Rapporteur on responsibility to put pressure on Turkey the right to freedom of opinion and to reverse the catastrophic and spiralling The impact of the sharply deteriorating expression and the OSCE (Organization repression of the media in recent months situation regarding freedom of expression for Security and Co-operation in Europe) and years. is felt far beyond the lives of those in the Representative on Freedom of the front line of the government’s attacks on Media has helped highlight the scale the media. The prolonged detention of and severity of violations of freedom of

RECOMMENDATIONS

To the Turkish government:

1. Drop all charges against, and release, journalists and 5. Ensure that media workers are able to carry out their media workers who have been detained for simply carrying journalistic functions without threat or harassment. out their legitimate journalistic or other media work and cease detaining and prosecuting journalists and media 6. Revoke executive decrees Nos. 668, 675, 677 and 683 workers for these reasons. that led to the closure of 156 media outlets and enable them to reopen. Any closures or other restrictions on media 2. Ensure that media workers can carry out their function of outlets must comply with Turkey’s obligations to respect commenting on public issues, informing public opinion, and freedom of expression and be open to appeal before an conveying information and ideas without threats, harassment independent and impartial court. or intimidation, and are not prosecuted for expressing views that do not constitute incitement to violence. 7. Amend Article 7/2 of the Anti-Terrorism Law (“making propaganda for a terrorist organization”) so as to ensure that 3. Ensure that any criminal charges brought against media it is precisely and clearly formulated and only prohibits acts workers are solely for recognizably criminal offences deƂned amounting to incitement to violence. in laws which are sufƂciently clearly formulated to enable people to know what is permitted and what is not, and do 8. Ensure that any restrictions on freedom of expression not involve unnecessary or disproportionate interference with during the state of emergency are limited to what is strictly freedom of expression. required by the exigencies of the situation and comply with Turkey’s other obligations under international human 4. End the routine use of lengthy pre-trial detention and rights law. ensure that any such detention is regularly reviewed by an independent and impartial court and that detainees have access to sufƂcient information to be able to effectively challenge their detention.

#OPGUV[+PVGTPCVKQPCNis a global movement of more than 7 million people Index: EUR 44/6055/2017 who campaign for a world where human rights are enjoyed by all. English, May 2017 Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. %oXer image pFrom Our 5ideq by Antonio Rodríguez. It was specially We are independent of any government, political ideology, economic interest drawn for the #FreeTurkeyMedia campaign. or religion and are funded mainly by our membership and public donations. © Antonio Rodríguez. www.rodriguez-cartoons.blogspot.mx

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