Turkey IHF FOCUS: Freedom of expression and Freedom of Expression and the media; freedom of association and the Media peaceful assembly; judicial system, the in- dependence of the judiciary and fair trial; Freedom of Expression torture, ill-treatment and misconduct by law enforcement officials; conditions in There was a general awareness on behalf prisons and detentions facilities; death of the government that legislation and penalty; protection of ethnic minorities; practice both restricted the expression of human rights defenders. opinions or criticism that was seen as of- fending certain state policies. Public de- bate – particularly on issues touching The human rights situation in Turkey saw upon the Kurdish minority, Islam or the se- no major changes in 1999. Freedom of ex- curity forces – was suppressed as “terrorist pression was seriously restricted, and it re- propaganda” or as an attempt to “insult mained dangerous to write on issues such and weaken the state organs” (article 159 as the situation of the Kurdish minority, the of the penal code). Criticism of the gov- armed forces and Islam. Journalists were ernment’s policies on the Kurds or other harassed and prosecuted on dubious minorities was not officially acknowl- charges. Freedom of association was limit- edged, and teaching and publishing in the ed, although the spectrum of NGOs and minority languages, or writing on Islam or political parties was diverse. any other religion, was deemed to “incite hatred among people” (article 312 of the There continued to be violations of the penal code), or more directly, to “dissemi- right to a fair trial. The State Security nate separatist propaganda” (article 8 of Courts continued to operate and hand the anti-terror law).1 down heavy sentences for questionable “crimes.” Torture and ill-treatment re- A ruling by the General Penal Board of the mained amongst the most serious human Supreme Court of Appeal in May 1999 in- rights problems. The capture of the Kur- creased the sentences regarding freedom dish Workers’ Party leader, Abdullah of opinion, commuting an accusation of Öcalan, triggered an intense debate on the “disseminating the propaganda of illegal death penalty, which remained in Turkish organizations through the media” into legislation. The government did not take “aiding or abetting terrorist organizations.” any systematic measures to improve the This decision also stipulated that those situation of the Kurds, and continued to journalists and writers tried under article violate the rights of other minorities, in- 7(2) of the anti-terror law could now be cluding the Greeks and the Armenians. tried under article 169 of the penal code, Human rights monitors, as well as lawyers which provided for heavier prison sen- and doctors involved in human rights tences of up to five years. work, continued to be harassed for their legitimate activities. Turkey, a country which recognizes the ju- risdiction of the European Court of Human Rights, lost all 18 cases to which it was a party in 1999, and was fined nearly U.S.$ 3 million. Most of the cases per- tained to free expression crimes that had occurred in the early 1990’s. 1 Human Rights Association (HRA) and Human Rights Foundation of Turkey (HRFT), Briefing on Human Rights in Turkey, OSCE Review Conference Istanbul, November 9, 1999. 359 Turkey In March, the President of the Constitu- in January, and the pro-Kurdish Özgür tional Court, Ahmet Necdet Sezer, called Bakis was banned in April. Other publica- for the lifting of restrictions on freedom of tions were also banned.5 expression, including language rights – thus stimulating a lively debate on human ■ In June, journalist Nadire Mater’s book – rights and government policies. In Septem- entitled “Mehmet’s Book: Soldiers Who ber, at the official opening of the judicial Have Fought in the Southeast Speak Out” year and in the presence of the president – was banned and confiscated for “insult- and the prime minister, the President of ing and weakening the army.” The book the Appeal Court, Dr. Sami Selcuk, said contained statements by recruited soldiers that the constitution enjoyed “almost zero” on their experiences in fighting in south- legitimacy and should be replaced. He ex- eastern Turkey. In September, the govern- pressed the hope that Turkey would not ment began proceedings against Mater enter the 21st century under a regime that and her publisher. She faces a six-year continued to “crush minds and stifle voic- prison sentence if convicted.6 es”.2 ■ In May, the Istanbul State Security Court Freedom of the Media sentenced Cumhuriyet columnist Oral Calislar to 13 months imprisonment for Domestic and foreign periodicals that pro- disseminating separatist propaganda in a vided a broad spectrum of views and opin- book he wrote that was based on previ- ions, including intense criticism of the ously published interviews with Abdullah government, were widely available. Most Öcalan, the leader of the Kurdish Workers’ of the largest TV stations and newspapers Party (PKK) and Kemal Burkay, head of the were monopolized despite legal provi- Socialist Party of Kurdistan.7 He had sions against monopolization.3 planned to appeal the decision, but his sentence was suspended under a new law. According to the Human Rights Founda- tion of Turkey (HRFT), the Turkish media ■ Istanbul Mayor Recep Tayyip Erdogan frequently applied self-censorship and it was released from prison in July after hav- was nearly impossible to report on human ing served a four-and-a-half-month sen- rights violations and situations regarding tence for a speech he made in 1997 that the Kurdish issue in an objective and inde- was deemed to have “incited ethnic, pendent manner.4 One important restraint racial, and religious enmity”, based on ar- in that respect was the banning of journal- ticle 312 of the penal code. His sentence, ists from a large number of towns and vil- which was reduced from ten months, in- lages. cluded a lifetime ban from politics.8 ■ In the state of emergency region, the The High Board of Radio and Television left-wing newspaper Evrensel was banned (RTÜK), which was created in 1994 to reg- 2 Human Rights Watch, World Report 2000; HRFT, Human Rights Yesterday & Today, 7 September 1999. 3 HRFT, Human Rights Situation in Turkey: New Trends, 17 February 2000. 4 Ibid. 5 Human Rights Watch, World Report 2000. 6 Ibid., HRFT, Human Rights Yesterday & Today, 25 June 1999; International Press Institute (IPI), 1999 World Press Freedom Review. 7 HRFT, Human Rights Yesterday & Today, 19 May 1999. 8 HRFT, Human Rights Yesterday & Today, 26 July 1999. 360 Turkey ulate private television and radio frequen- ■ During the November OSCE Review cies, suspended the broadcasting of a Conference in Istanbul, several journalists number of radio stations for periods rang- working at leftist or pro-Kurdish publica- ing from one day to one year, usually be- tions were detained. Some of them were cause they had allegedly violated laws allegedly ill-treated at the hands of po- prohibiting the broadcast of “separatist lice.12 propaganda.” Law on Suspending Sentences ■ The Istanbul radio station FOREKS was banned from broadcasting for 30 days as In September, the government passed leg- of October 30 for having rebroadcast a islation suspending for three years the sen- program of the BBC’s Turkish-language tences of those convicted of freedom of service on Kurdish issues.9 expression crimes in the media – including journalists, writers, and party officials who ■ During its October 6 meeting, the RTÜK published articles. The Islamic Fazilet suspended five television stations and four party challenged the constitutionality of radio stations for a total of 225 days. Dur- the law because it did not apply to those ing an October 13 meeting, four television who had committed similar crimes stations and four radio stations were sus- through speech. For example, lawyer and pended for 311 days.10 human rights activist Esber Yagmurdereli remained in prison because his 1998 con- Journalists, including those from main- viction was based on a speech he gave at stream and Western media, were periodi- a 1991 HRA meeting13. Hasan Celal cally harassed and subjected to police Güzel, head of the small Rebirth Party abuse while covering stories, particularly (YDP) and a former Education Minister, in the Southeast. began serving a one-year sentence for a speech he gave in 1997. Moreover, ■ On February 23, two journalists from charges were only dropped if the journal- Diyarbakir; cameraman Ibrahim Atesoglu ists or writers agreed not to commit the from the private TV channel NTV; and re- same crime again within a three-year peri- porter Adnan Simsek from the Ihlas (IHA) od. This decision amounted to compulso- press agency were severely beaten by ry self-censorship. In addition, the law did eight police officers on their way to the not provide for acquittals, i.e. the writers scene of confrontations between striking had no opportunity to clear their names or shopkeepers and law enforcement officers. to fight bans imposed on their written They were violently hit with rifles. The po- work.14 lice then ran over Atesoglu, who had been lying on the ground. He suffered serious The law led to the release of over 25 per- head injuries, and his colleague needed sons, and the suspension of hundreds of stitches.11 trials. 9 HRFT, Human Rights Yesterday & Today, 1 November 1999; International Press Institute (IPI), 1999 World Press Freedom Review. 10 International Press Institute (IPI), 1999 World Press Freedom Review. 11 Ibid. 12 HRFT, Human Rights Yesterday & Today, 11 November 1999. 13 See also IHF Annual Report 1999. 14 Human Rights Watch, op.cit. 361 Turkey ■ Author Ismail Besikci, imprisoned since over 3 years to protest the disappearances 1993, was released in September under of their relatives, ceased their gatherings in the law suspending the sentences of jour- March in the face of ongoing police ha- nalists.