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Freedom on the Net, Turkey Turkey https://freedomhouse.org/country/turkey/freedom-net/2020 Turkish citizens faced investigations and arrests for their online activities, with a large number of users being arrested for posting ostensibly false information about the COVID-19 pandemic online. Social media users were also targeted for criticizing the president. After the reporting period, president Erdoğan approved a new social media law that will further strengthen the regime’s ability to censor online content. Surveillance remained a concern. C1 1.00-6.00 pts0-6 pts Do the constitution or other laws fail to protect rights such as freedom of expression, access to 1.001 information, and press freedom, including on the internet, and are they enforced by a judiciary that lacks 6.006 independence? The constitution and laws of Turkey fail to protect free expression and press freedom online despite including broad protections for freedom of expression theoretically. Article 26 states that “everyone has the right to express and disseminate their thoughts and opinion by speech, in writing, or in pictures, or through other media, individually or collectively.”116 Turkish legislation and court judgments are subject to the European Convention on Human Rights and bound by the decisions of the European Court of Human Rights. Despite these guarantees, online journalists and ordinary users frequently face civil and criminal penalties for legitimate expression. The constitution also guarantees the right to privacy, though there are legal limitations on the use of encryption devices (see C4), and surveillance of online activity by security agencies is believed to be widespread (see C5).117 The state of emergency enacted in the wake of the 2016 coup attempt and in effect until July 2018 allowed President Erdoğan to issue decrees without judicial oversight, including decrees that threatened freedom of expression online, which were used to block websites, shut down communication networks, and close civil society organizations and news outlets.118 Decree No. 671, published in 2016, amended the Law on Digital Communications to authorize the government to take “any necessary measure” on the grounds of “national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms” guaranteed under Article 22 of the constitution. The decree also obliges telecommunications providers to enforce government orders within two hours of receiving them.119 Despite the fact that the state of the emergency is no longer in effect, the decree remains in force.120 Turkish laws are enforced by a judiciary whose independence has been compromised, particularly since the coup attempt of 2016.121 Judges still occasionally rule against the government, but the appointment of thousands of new, 1 of 10 11/3/2020, 10:00 AM Turkey https://freedomhouse.org/country/turkey/freedom-net/2020 loyalist judges in recent years, the potential professional costs of ruling against the executive in a major case, and the effects of an ongoing purge of judges suspected of supporting the coup attempt have all severely weakened judicial independence in Turkey. Seen as a win for freedom of expression activists, nine people who were involved in the 2013 Occupy Gezi protests were acquitted by a Turkish court in February 2020 (see C3).122 The verdict was a surprise to many people who see Turkey’s courts as lacking independence.123 The Occupy Gezi trial, which has been going on for three years, began with the arrest of a philanthropic businessperson, Osman Kavala, and was concluded in February 2020 with acquittal of all suspects in Turkey. The judges that gave the acquittal verdict are now subject to an investigation themselves for “allowing legal maneuvering to acquit Osman Kavala from prison.” The Gezi Park protests of 2013 included demands for civil rights and liberties, and the trial has been seen as a political process, further jeopardizing the right to assembly and free expression.124 Kavala was re-arrested before being released from prison with charges of collaborating with coup plotters in 2016, even though he had previously been cleared of charges of the same accusation (see C3).125 C2 1.00-4.00 pts0-4 pts Are there laws that assign criminal penalties or civil liability for online activities? 1.001 4.004 There are no laws that specifically criminalize online activities like posting one’s opinions, downloading information, sending emails, or transmitting text messages. Instead, many provisions of the criminal code and other laws, such as the Anti-Terrorism Law, are applied to both online and offline activity. According to Article 7 of the Anti-Terrorism Law, “Those who make propaganda of a terrorist organization by legitimizing, glorifying, or inciting violent methods or threats” can face prison terms of one to five years. The law has been widely criticized for its broad definition of terrorism, which has been exploited by courts to prosecute journalists and academics who criticize the government, with no clear links to terrorist activities.126 Defamation is a criminal offense punishable by a fine and up to two years in prison. Charges have frequently been used to prosecute government critics. Defaming a public official carries a minimum sentence of one year in prison, while insulting the president is punishable by between one and four years in prison, according to Article 299 of the criminal code. Several courts deemed Article 299 unconstitutional in the first half of 2016, but the Constitutional Court upheld the provision in December 2016.127 Since 2015, there have been approximately 100,000 complaints filed against people accused of defaming the president. Of the 17,541 cases that went to trial, only 2,676 were acquitted.128 While thousands of people go on trial for insults to the president, one specific case resulted in demotion of the sentence. An Ankara court ruled in favor of a citizen who shared a post about President Erdoğan. The individual had been taken to court with the accusation of defaming the president, but the court ruled that the suspect was targeting Erdoğan as the AKP party leader not as the President in his expression, thus the sentence to be given should only be considered as "insult" instead of "insult to the President."129 2 of 10 11/3/2020, 10:00 AM Turkey https://freedomhouse.org/country/turkey/freedom-net/2020 C3 1.00-6.00 pts0-6 pts Are individuals penalized for online activities? 2.002 6.006 Prosecutions and detentions of Turkish citizens for their online activities continued during the coverage period. Many journalists, activists, and ordinary citizens faced arrest in retaliation for criticism of the war in Syria and other government policies, as well as expressions of Kurdish identity. According to the Journalists Union of Turkey (TGS), a total of 85 journalists are imprisoned in Turkey as of March 2020 (see also C7).130 Journalists, writers, and activists continued to be detained and arrested in Turkey during the reporting period. On November 4, 2019, journalist and novelist Ahmet Altan was released from prison after being convicted of “helping a terrorist group” and spending three years in jail.131 However, he was arrested again a week later, after prosecutors appealed against his release, following a critical article he published in which he wrote “I am waiting for an objection to my release as I type these words.”132 He was awaiting an appeal by the court at the end of the coverage period. Prosecutions for insulting the president online have increased in recent years. Some of the defendants have been jailed while awaiting trial. Insulting the president online is an offense punishable by up to four years in prison. Yet on March 9, 2020 a court ruled that insult to AKP chair and President Erdoğan does not constitute a crime of insulting the president, as Erdoğan has registered with a political party and lost his impartiality.133 Even though this decision is up for appeal with the Supreme Court, it remains for now. Despite this, arrests and detentions have continued for insulting Erdoğan on social media.134 During the coronavirus pandemic, nearly 100,000 prisoners were released in April due to concern over the potential high spread of the virus in Turkey’s prison system. However, journalists, writers, and activists were not among those released.135 Citizens were also arrested for posting false information regarding the coronavirus online. The Ministry of Interior announced on May 21, 2020 that 510 people were arrested for allegedly “sharing false and provocative news about coronavirus” on social media.136 Dila Koyurga, the Republican People’s Party (CHP) local secretary for the İzmir youth unit was detained on May 27, 2020 for her social media posts insulting Erdoğan, the prime minister at the time of the posts in 2013.137 Although some of the content subject to criminal complaints was from 7 years ago, which nearly exceeds the statute of limitations, Erdoğan’s lawyers filed the complaint to the İzmir Chief Public Prosecutor's Office with the accusation of “insult to (a) public officer” and for more recent content published by a total of 7 people including local CHP representatives that ostensibly insulted the president.138 In May 2019, the main opposition CHP official in Istanbul, Canan Kaftancıoğlu, was indicted for posts on Twitter from between 2012 and 2017 that allegedly insulted the Turkish government, AKP chair and president of Turkey Erdoğan, and other public servants; incited “hatred and enmity;” and spread “propaganda for a terrorist organization.” In June 2020, after the reporting period, Kaftancıoğlu was convicted and sentenced to nine years in prison.139 3 of 10 11/3/2020, 10:00 AM Turkey https://freedomhouse.org/country/turkey/freedom-net/2020 Activists, political oppositions members, and citizens alike are penalized for content posted on their social media accounts.
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