Turkey: UN should address continuous deterioration of free expression and other human rights

Pen International, Article 19, the Committee to Protect Journalists, Human Rights Watch, International Press Institute and Reporters Without Borders call the attention of the UN Human Rights Council to the continuous deterioration of freedom of expression and other human rights in Turkey. Following the coup attempt on 15 July 2016, the Turkish authorities have pursued an unprecedented crackdown against perceived critics and opponents. As noted by the UN Special Rapporteur on the right to freedom of opinion and expression following his November visit to the country, counter-terrorism legislation and the prolonged state of emergency are being used to severely restrict fundamental rights and freedoms, stifle criticism and limit the diversity of views and opinions available in the public sphere.

Since the Special Rapporteur’s visit, independent mainstream media have been all but silenced. There are now over 160 media outlets and publishing houses closed down since July 2016 and around 165 journalists and media workers jailed pending trial. Over 100,000 civil servants have been summarily dismissed, with over 47,000 including army, police and teachers jailed pending trial on charges of involvement in the coup plot and of association with the alleged Fethullah Gülen Terrorist Organisation (FETÖ). There has been a rise in allegations of torture or ill-treatment in police custody.

Turkey’s Kurdish population has also been disproportionally affected. The Turkish authorities frequently prosecute non-violent pro-Kurdish political activism or journalism for links with the armed Kurdistan Workers’ Party (PKK). Selahattin Demirtaş and Figen Yüksekdağ, the leaders of the parliamentary opposition Peoples’ Democratic Party (HDP), and other MPs from the party, have been in jail since November 2016. At least 87 municipalities in the southeast have been taken over by the government and their democratically elected mayors and officials removed or jailed. Several Kurdish journalists are incarcerated and most pro-Kurdish media outlets closed.

On 11 November 2016, the activities of some 370 NGOs were arbitrarily suspended, over half of them Kurdish organisations. Among the thousands of academics dismissed are around 400 who signed a January 2016 peace petition calling for an end to army abuses in the southeast.

Restrictions reached new heights in the lead up to Turkey’s contested constitutional referendum on 16 April 2017 which concentrated power in the office of the president. The campaign was marred by the authorities threatening, detaining and prosecuting individuals who voiced criticism of the proposed amendments.

Immediately after the referendum, president Erdogan raised the prospect of reintroducing the death penalty, which would be another disastrous step away from human rights norms for Turkey.

Journalists caught in Turkey’s crackdown

According to the Journalists’ Union of Turkey, an estimated 2,500 journalists and media workers have lost their jobs since July 2016. There are now at least 165 journalists, writers and media workers in prison, making Turkey the biggest jailer of journalists in the world.

Among these are several well-known writers and columnists, including Ahmet Şık, Şahin Alpay, Nazlı Ilıcak, Ahmet and Mehmet Altan, Ali Bulaç, Kadri Gürsel and the editor-in-chief of the opposition daily Cumhuriyet, Murat Sabuncu. Emergency provisions have been used to harass family members of journalists who have fled abroad or gone into hiding, including by cancelling their passports or detaining them in the stead of those accused.

Most detained journalists have been held in pre-trial detention for excessively long periods, facing terrorism charges with no access to the evidence against them and without compelling grounds to justify prolonging pre-trial detention. Indictments against journalists charge them with membership of armed organisations or involvement in the attempted coup without citing any other evidence beyond writings and commentary which neither advocate nor incite violence.

Detainees are only allowed one hour-long consultation with their lawyer a week and under supervision by prison staff, in violation of their right to confidential access to counsel.

As the Special Rapporteur pointed out in his recommendations, “nobody should be held in detention for expressing opinions that do not constitute an actual incitement to hatred or violence”. Moreover, imposing sanctions on individuals solely for criticising the government can never be considered a proportionate restriction on freedom of expression.

Lack of media freedom and pluralism

As stressed by the UN Human Rights Committee, “a free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society.” States are under an obligation to create a favourable environment where different and alternative ideas can flourish, allowing people to express themselves and to participate in public debates without fear.

The 16 April constitutional referendum took place in a repressive climate. The Organisation for Security and Co-operation in Europe (OSCE) election observation mission noted the “unlevel playing field” and reported major concerns, including restrictions on freedom of expression under the state of emergency, lack of independent media, police interventions, detentions at “No” campaign events and biased use of state resources. Several opposition parties raised concerns about possible election fraud and irregularities and the European Commission called on the authorities to launch transparent investigations.

Our organisations are also alarmed at reports of attacks and arrests directed at voters following the referendum.

Rule of law and independence of the judiciary at risk

Turkey’s judicial system has come under attack since the failed coup. More than 4,000 judges and prosecutors have been permanently dismissed and among them around 2,500 are in pre-trial detention. Turkey’s Constitutional Court has not ruled on the thousands of pending cases relating to dismissals under state of emergency decrees and the government has not yet established its planned ad hoc commission to review the measures.

There are grave concerns that the constitutional amendments passed by referendum will lead to greater political control over the judiciary and further undermine the rule of law in Turkey. One amendment with immediate effect is the president’s ability to exert control over most appointments to the Council of Judges and Prosecutors. The modifications will have a profound impact on Turkey’s Constitutional Court, severely curtailing its ability to serve as an effective check of executive and legislative power and a guarantor of fundamental rights and freedoms.

Politicised court decisions against journalists and, conversely, the removal of judges who have granted bail to journalists have played a central role in the deterioration of press freedom.

Recommendations

The Turkish authorities have repeatedly failed to respect their obligations under Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

In the preliminary observations following his visit to Turkey, the Special Rapporteur urged the Turkish government to take immediate steps to protect freedom of expression, listing a number of concrete measures necessary to achieve this. These still stand.

We urge the UN Human Rights Council to press the Turkish authorities to:

Immediately release all those held in prison for exercising their rights to freedom of opinion and expression;

End the state of emergency;

End the prosecutions and detention of journalists simply on the basis of the content of their journalism or alleged affiliations;

Permit the reopening and independent operation of closed media outlets (including online publications) and halt executive interference with independent news organisations, including in relation to editorial decisions, dismissals of journalists and editors, pressure and intimidation against critical news outlets and journalists;

End the far-reaching crackdown on freedom of expression that has consistently escalated since the failed coup of July 2016;

Uphold the independence of the judiciary;

Investigate all allegations of torture and ill-treatment in detention;

Review the Anti-Terror Law so as to ensure that counter-terrorism measures are compatible with Article 19(3) of the ICCPR;

Reject any proposal to reintroduce the death penalty.

The Association of European Journalists, the European Federation of Journalists and Index on Censorship, NGOs without consultative status, also share the views expressed in this statement.

Petition calls on Denmark to repeal blasphemy ban

[vc_row][vc_column][vc_column_text]We the undersigned respectfully urge the Danish Parliament to vote in favour of bill L 170 repealing the blasphemy ban in section 140 of the Danish criminal code, punishing “Any person who, in public, ridicules or insults the dogmas or worship of any lawfully existing religious community”.

Denmark is recognised as a global leader when it comes to the protection of human rights and freedom of expression. However, Denmark’s blasphemy ban is manifestly inconsistent with the Danish tradition for frank and open debate and puts Denmark in the same category as illiberal states where blasphemy laws are being used to silence dissent and persecute minorities. The recent decision to charge a man – who had burned the Quran – for violating section 140 for the first time since 1971, demonstrates that the blasphemy ban is not merely of symbolic value. It represents a significant retrograde step in the protection of freedom of expression in Denmark.

The Danish blasphemy ban is incompatible with both freedom of expression and equality before the law. There is no compelling reason why the feelings of religious believers should receive special protection against offence. In a vibrant and pluralistic democracy, all issues must be open to even harsh and scathing debate, criticism and satire. While the burning of holy books may be grossly offensive to religious believers it is nonetheless a peaceful form of symbolic expression that must be protected by free speech.

Numerous Danes have offended the religious feelings of both Christians and Muslims without being charged under section 140. This includes a film detailing the supposed erotic life of Jesus Christ, the burning of the Bible on national TV and the publication of cartoons depicting the prophet Muhammed. The Cartoon affair landed Denmark in a storm of controversy and years of ongoing terrorist threats against journalists, editors and cartoonists. When terror struck in February 2015 the venue was a public debate on blasphemy and free speech.

In this environment, Denmark must maintain that in a liberal democracy, laws protect those who offend from threats, not those who threaten from being offended.

Retaining the blasphemy ban is also incompatible with Denmark’s human rights obligations. In April 2017 Council of Europe Secretary General Thorbjørn Jagtland emphasised that “blasphemy should not be deemed a criminal offence as the freedom of conscience forms part of freedom of expression”. This position is shared by the UN’s Human Rights Committee and the EU Guidelines on freedom of expression and religion.
Since 2014, The Netherlands, Norway, Iceland and Malta have all abolished blasphemy bans. By going against this trend Denmark will undermine the crucial European and international efforts to repeal blasphemy bans globally.

This has real consequences for human beings, religious and secular, around the globe. In countries like Pakistan, Mauretania, Iran, Indonesia and Russia blasphemy bans are being used against minorities as well as political and religious dissenters. Denmark’s blasphemy ban can be used to legitimise such laws. In 2016 the UN Special Rapporteur on Freedom of Religion or Belief pointed out that “During a conference held in Jeddah (Saudi Arabia) [in 2015], the Danish blasphemy provision was cited by one presenter as an example allegedly indicating an emerging international customary law on “combating defamation of religions”.

Blasphemy laws often serve to legitimise violence and terror. In Pakistan, Nigeria and Bangladesh free-thinkers, political activists, members of religious minorities and atheists have been killed by extremists. In a world where freedom of expression is in retreat and extremism on the rise, democracies like Denmark must forcefully demonstrate that inclusive, pluralistic and tolerant societies are built on the right to think, believe and speak freely. By voting to repeal the blasphemy ban Denmark will send a clear signal that it stands in solidarity with the victims and not the enforcers of blasphemy laws.

Jacob Mchangama, Executive director, Justitia
Steven Pinker, Professor Harvard University
Ahmedur Rashid Chowdhury, Exiled editor of Shuddhashar, 2016 winner International Writer of Courage Award
Pascal Bruckner, Author
Ayaan Hirsi Ali, Human Rights Activist Founder of AHA Foundation,
Dr. Elham Manea, academic and human rights advocate (Switzerland)
Sultana Kamal, Chairperson, Centre for Social Activism Bangladesh
Deeyah Khan, CEO @Fuuse & founder @sister_hood_mag.
Fatou Sow, Women Living Under Muslim Laws
Elisabeth Dabinter, Author
William Nygaard, Publisher
Flemming Rose, Author and journalist
Jodie Ginsberg, CEO, Index on Censorship
Kenan Malik, Author of From Fatwa to Jihad
Thomas Hughes, Executive Director Article 19
Suzanne Nossel, executive director of PEN America
Pragna Patel – Director of Southall Black Sisters
Leena Krohn, Finnish writer
Jeanne Favret-Saada, Honorary Professor of Anthropology, Ecole Pratique des Hautes Etudes,
Maryam Namazie, Spokesperson, Council of Ex-Muslims of Britain
Fariborz Pooya, Host of Bread and Roses TV
Frederik Stjernfelt, Professor, University of Aalborg in Copenhagen
Marieme Helie Lucas, Secularism Is A Women’s Issue
Michael De Dora, Director of Government Affairs, Center for Inquiry
Robyn Blumner, President & CEO, Center for Inquiry
Nina Sankari, Kazimierz Lyszczynski Foundation (Poland).
Sonja Biserko, Founder and president of the Helsinki Committee for Human Rights in Serbia
James Lindsay, Author
Malhar Mali, Publisher and editor, Areo Magazine
Julie Lenarz – Executive Director, Human Security Centre, London
Terry Sanderson President, National Secular Society
Greg Lukianoff, CEO and President, FIRE
Thomas Cushman, Professor Wellesley College
Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School
Simon Cottee, the Freedom Project, Wellesley College
Paul Cliteur, professor of Jurisprudence at Leiden University
Lino Veljak, University of Zagreb, Croatia
Lalia Ducos, Women’s Initiative for Citizenship and Universals Rights , WICUR
Lepa Mladjenovic, LC, Belgrade
Elsa Antonioni, Casa per non subire violenza, Bologna
Bobana Macanovic, Autonomos Women’s Center, Director, Belgrade
Harsh Kapoor, Editor, South Asia Citzens Web
Mehdi Mozaffari, Professor Em., Aarhus University, Denmark
Øystein Rian, Historian, Professor Emeritus University of Oslo
Kjetil Jakobsen, Professor Nord University
Scott Griffen, Director of Press Freedom Programmes International Press Institute (IPI)
Henryk Broder, Journalist
David Rand, President, Libres penseurs athées — Atheist Freethinkers
Tom Herrenberg, Lecturer University of Leiden
Simone Castagno, Coordinamento Liguria Rainbow
Laura Caille, Secretary General Libres
Mariannes Andy Heintz, writer
Bernice Dubois, Conseil Européen des Fédérations WIZO
Ivan Hare, QC[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1495443304735-e4b217b9-25e4-0″ taxonomies=”88, 53″][/vc_column][/vc_row]

Backstory: The Many Shades of Journalistic Fearlessness (The Wire)

Unlike other people’s definitions of who you are – something over which one can exercise little control – self-definitions are tricky little customers. They kind of stick to you like burrs and every now and then you will be forcibly reminded of their presence. To celebrate its second anniversary, The Wire could have chosen from a range of adjectives to define itself, but it has settled on two words: ‘Not Afraid’. Read the full article.