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[vc_row][vc_column][vc_column_text]19 Haziran’da aralarında gazetecilerin de olduğu 17 sanığın yargılandığı davanın ilk duruşması görülecek. Sanıklar arasında önde gelen yazar ve siyasi yorumculardan Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak da var. Dava, geçen yıl gerçekleşen başarısız darbe girişimine katılmış olmakla suçlanan gazetecilerin yargılandığı davalardan ilki ve mahkemelerin Olağanüstü Hal ortamında ifade özgürlüğü ve adil yargılanma hakkı ile ilgili sayısız davaya nasıl yaklaşacaklarına ışık tutabilir.
Sanıklarla ve Türkiye’deki basın özgürlüğüyle dayanışmayı göstermek için, ARTICLE 19, Uluslararası Af Örgütü, Index on Censorship, Norveç PEN ve Uluslararası PEN temsilcileri duruşmaya gözlemci olarak katılıyor olacak. İngiltere ve Galler Barosu İnsan Hakları Komitesi ve Uluslararası Kıdemli Avukatlar Projesi de duruşmaya gözlemci gönderecekler.
Sanıklara yönelik suçlamalar, Cumhurbaşkanı Erdoğan ve Türk hükümetinin “suçtan zarar görenler” olarak nitelendirildiği 247 sayfalık iddianamede yer alıyor. Sanıklar Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak “Türkiye Büyük Millet Meclisini ortadan kaldırmaya teşebbüs”, “Türkiye Cumhuriyeti Hükümetini ortadan kaldırmaya teşebbüs”, “Anayasal düzeni ortadan kaldırmaya teşebbüs” ve “Silahlı bir terör örgütüne üye olmamakla birlikte örgüt adına suç işlemek” suçlamalarıyla yargılanıyor. Geri kalan sanıklar ayrıca, Türk hükümetinin darbe girişimini düzenlediğini iddia ettiği Gülen hareketine atıfla “terör örgütü üyeliği” ile suçlanıyor.
Davalıların çoğunluğu ya ülke dışında sürgünde ya da neredeyse 10 aydır tutuklu olarak yargılanıyor. Avrupa İnsan Hakları Mahkemesi 14 Haziran’da, Altanlar ve Nazlı Ilıcak’ın da aralarında bulunduğu tutuklu yedi gazetecinin haklarının uzun süreli tutuklulukları nedeniyle ihlal edilip edilmediğini belirlemek amacıyla bir dizi sorunun yanıtını talep eden bir dilekçeyi Türkiye yetkililerine iletti.
Bu davanın siyasi amaçlı olduğuna inanıyoruz ve yetkilileri, uluslararası yasalar altında açık bir şekilde suç teşkil eden fiillerin kanıtını sunmadıkları takdirde tüm suçlamaları düşürmeye ve tutuklu sanıkları derhal ve koşulsuz olarak serbest bırakmaya çağırıyoruz.
ARTICLE 19, savunma avukatlarının talebi üzerine Altan kardeşlere yönelik suçlamaları inceleyen bir uzman görüşü hazırladı ve bunu da duruşmada mahkemeye sunacak. Görüş, Altanlara atfedilen suçlamaların, ifade özgürlüğü hakkının yasal olmayan bir şekilde kısıtlanması anlamına geldiğini savunuyor.
Türkiye’de ifade özgürlüğü hakkında daha ayrıntılı bilgi için, lütfen Mayıs 2017’de BM İnsan Hakları Konseyi’ne sunulan ortak bildiriye bakınız.
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When Turkish football team Antalyaspor faced Trabzonspor in a Super Lig match earlier this month, few could have predicted the fall-out that would follow off the pitch. Israeli winger Sagiv Jehezkel scored the equaliser for Antalyaspor in the second half, and in celebration he revealed a message written on his wristband that said: “100 days, 7-10”. The words referenced the length of time that Israeli hostages had been held by Hamas since the group launched an attack on Israel on the 7 October, killing an estimated 1,200 people.
In Turkey, the backlash was fierce. Jehezkel was arrested and detained in Antalya on the charge of “incitement to hate”. After being released, he was sacked by Antalyaspor and returned home to Israel, landing in Tel Aviv the next day.
According to local media, Jehezkel has stated that he did not mean to provoke such a storm. He said: “I am not a pro-war person. I want the war to end. That’s why I showed the sign.” Antalyaspor did not respond to multiple requests for comment.
He is not the only footballer to lose his club for voicing an opinion on the conflict. When Israel began their retaliatory bombardment of Gaza, which has so far reportedly killed more than 26,000 people, Dutch international Anwar El Ghazi posted a message of support for Palestine on his Instagram story. After a back and forth with his club – German side FSV Mainz 05 – El Ghazi made a further statement on social media announcing that he had no regrets over the now-deleted post and reiterating his argument that he stands “for humanity and the oppressed” and against “the killing of all innocent civilians in Palestine and Israel”. Mainz were unhappy with El Ghazi’s stance, calling his position on the conflict “unacceptable”. A few days later, his contract was terminated.
Upon losing his club, El Ghazi posted once more. “Stand for what is right, even if it means standing alone. The loss of my livelihood is nothing when compared to the hell being unleashed on the innocent and vulnerable in Gaza,” he said.
The player is now suing Mainz for wrongful termination of his contract, while the club is making a counter claim as they seek financial compensation to help fund his replacement. The final hearing is set to be held in June.
Mainz told Index they were unable to comment on the incident as legal proceedings are ongoing.
These two cases sum up the uncomfortable relationship sport has with politics and free speech, and how this has been exacerbated by the Israel-Gaza war. Due to the divisive nature of the conflict, sporting bodies are struggling to navigate the line between freedom of expression and the potential to incite hatred and in doing so have fallen into a worrying trend of censorship.
The reluctance or inability of those involved to comment on the incidents may also show the difficulties people have when talking about this topic, as they can’t, or won’t, speak up due to the potential backlash and further repercussions. This is fairly unsurprising given the experiences of those who have expressed an opinion on the conflict. In another case, footballer Karim Benzema was accused of having “notorious” links to Islamist group the Muslim Brotherhood by France’s Interior Minister, Gerald Darmanin. His crime? Posting a message of support for the inhabitants of Gaza on X (formerly Twitter). Benzema has filed for defamation against Darmanin; his lawyer Hugues Vigier told French news outlet RTL that the claims were “false” and accused the Interior Minister of “sowing division in France”.
It is not just players who are facing the threat of censorship. Many of football’s national governing bodies, including England’s Premier League and EFL, have also banned supporters from displaying Palestine or Israel flags during games. As a result, there have been a number of accusations levelled at English clubs such as Liverpool and Manchester United of censoring fans who display any show of support for the Palestinian cause by removing them from stadiums.
Other sports have also been caught up in the censorship storm. Former athlete Emilie Gomis, who clinched a silver medal in basketball for France at the London 2012 Olympics, recently stepped down from her role as an ambassador for the Paris 2024 Games after posting an anti-Israel video to her Instagram story. Elsewhere, in South Africa, cricketer David Teeger was stripped of his captaincy of the country’s under-19s side after dedicating an award he won at a Jewish community event to “the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora”, in a decision described as a “sinister” and “discriminatory” by the South African Jewish Board of Deputies.
Another cricketer, Australia’s Usman Khawaja, was charged by the International Cricket Council (ICC) for wearing a black armband during a test match against Pakistan in support of those in Gaza. ICC regulations do not allow players to display “messages of political, religious or racial causes”, and the player had previously been warned by the governing body after wearing shoes with the messages “all lives are equal” and “freedom is a human right” written on them. Khawaja argues that it is not a political statement but a “humanitarian appeal”.
Further debate over the right to free expression in regard to the conflict is inevitable with the growing calls to ban Israel from competing in sporting events. One post on X by The Palestinian Campaign for the Academic and Cultural Boycott of Israel called for “pressure” to be put on sporting bodies to ban Israel from international tournaments and games “until Israel ends its grave violations of international law”. The statement was reposted by the BBC’s Gary Lineker, who later deleted it.
Despite cries to keep politics out of sport, it is not possible to separate the two. Sport does not exist in an apolitical vacuum, and is impacted even on the front lines; the Palestinian Football Association says 88 top-tier athletes have been killed by Israeli forces during their military bombardment, 67 of whom are footballers. Just this month it was reported that the coach of Palestine’s Olympic football team Hani Al-Masdar was killed in an Israeli airstrike.
The attempts by governing bodies in sport to prevent athletes and fans from expressing a view on the conflict, while not necessarily malicious, pose a serious risk to free speech. While the cases of Sagiv Jehezkel and Anwar El Ghazi are extreme, they are the product of sport’s increasingly heavy-handed approach to political censorship, which makes having an opinion on the war in Gaza increasingly difficult. For people to feel unable to wade into the issue in fear of backlash is cause for concern in itself. Despite a long history of athletes being involved in political activism, sport still hasn’t found a way to ensure free expression for all is upheld.
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24 October 2019 – Journalist Emre Orman, a reporter for Net news agency, was arrested in Istanbul and subsequently jailed pending trial on the charge of “spreading propaganda for a terrorist organization” on account of his social media posts, Evrensel reported.
Orman was arrested on 23 October 2019 and sent to pre-trial detention after giving a statement to a prosecutor at Istanbul’s Anadolu Courthouse on 24 October.
Update:
1 November 2019 – According to Bianet, Orman was released from detention on 31 October.
Link(s):
https://www.evrensel.net/haber/389407/gozaltina-alinan-gazeteci-emre-orman-tutuklandi
https://gazetekarinca.com/2019/10/gazeteci-emre-orman-gozaltina-alindi/
http://bianet.org/bianet/ifade-ozgurlugu/214864-gazeteci-emre-orman-gozaltina-alindi
http://bianet.org/english/freedom-of-expression/215217-journalist-emre-orman-released
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
22 October 2019 – Police raided the house of Eren Keskin, a prominent human rights defender and co-chairperson of the Human Rights Association (İHD), Mezopotamya news agency reported. Keskin has been prosecuted more than a hundred times for her symbolic support for the shuttered pro-Kurdish newspaper Özgür Gündem.
Keskin was not at home during the late-night raid. She testified to a prosecutor the following day, responding to accusations that she was “spreading propaganda for a terrorist organization” in her social media posts. Keskin was released without judicial control measures.
Link(s):
http://mezopotamyaajansi23.com/search/content/view/74224?page=1&key=add81a9e773c7072a8320bb66c8f598e
http://bianet.org/english/freedom-of-expression/214837-house-of-eren-keskin-raided-by-police
https://www.gazeteduvar.com.tr/gundem/2019/10/23/eren-keskinin-evine-polis-baskini/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
20 October 2019 – Özlem Oral, a reporter for the left-wing Mücadele Birliği newspaper, was arrested during a police raid on her home on 19 October, Mezopotamya news agency reported. Oral was accused of “disseminating propaganda for a terrorist organization” and “inciting the public to hatred and animosity” for her social media posts about Turkey’s military operation in Syria. She was referred to the courthouse on 20 October and was subsequently released under a travel ban and has been ordered to report to the police station once a week.
Link(s):
http://mezopotamyaajansi23.com/tum-haberler/content/view/73855
https://t24.com.tr/haber/mucadele-birligi-gazetesi-muhabiri-ozlem-oral-gozaltina-alindi,844469
https://gazetekarinca.com/2019/10/gozaltina-alinan-gazeteci-ozlem-oral-serbest-birakildi/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
19 October 2019 – Police carried out an early morning raid on columnist and T24 contributor Nurcan Baysal’s home in the southeastern city of Diyarbakır. Announcing the incident on Twitter, Baysal said that she was abroad when the raid took place, and therefore she was not arrested, but her two children were at home at the time of the raid. Baysal said that she believed the raid to have been in connection with her social media posts.
Link(s):
https://t24.com.tr/haber/nurcan-baysal-in-evine-polis-baskini,844441
http://bianet.org/bianet/ifade-ozgurlugu/214700-yazar-nurcan-baysal-in-evine-polis-baskini
https://www.gazeteduvar.com.tr/turkiye/2019/10/19/nurcan-baysalin-evine-polis-baskini/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
17 October 2019 – Tuğba Özer, an editor for Cumhuriyet daily, was ordered to pay 5,000 Turkish lira (around $875) in compensation over a news report, Bianet reported. The lawsuit was overseen by the 23rd Civil Court of First Instance of Istanbul.
The lawsuit was filed by the conservative and Islamist İHH Humanitarian Relief Foundation over Özer’s report about an elementary school teacher volunteering for İHH. Özer reported that the teacher had made his students pose for a picture as they held pieces of rope symbolizing the executioner’s rope and shared these pictures on social media.
The picture was posted at a time when President Erdoğan was reigniting the debate on bringing back the death penalty. The report says that the teacher shared the picture in which he is seen showing the rope on his social media account, saying “Either the state should take the lead or the raven will hover over the dead. President! We want justice.” The message came after a terrorist attack near the Inönü stadium in Istanbul’s central neighborhood of Beşiktaş killed 48 people, mostly police officers. In another social media message the teacher is seen forcing his students to make a military salute in the classroom. The teacher was suspended after the report caused a wide outcry.
Link(s):
https://tele1.com.tr/cocuklara-idam-ipi-veren-degil-haberi-yazan-gazeteci-ceza-aldi-92814/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
10 October 2019 – Hakan Demir, editor of the website of BirGün daily, was taken into custody during an early morning police raid on his Istanbul home, Bianet reported.
The grounds for Demir’s arrest was “the way in which a news item posted on the newspaper’s online edition was shared on Twitter.” The report referred to the military operation launched by the Turkish military in Syria on 9 October.
Demir was referred to the courthouse later in the day. The 13th Criminal Judgeship of Peace ruled to release the journalist under an international travel ban.
Link(s):
https://t24.com.tr/haber/bir-gun-gazetesi-internet-sorumlusu-hakan-demir-gozaltina-alindi,843105
Categories: Criminal Charges / Fines / Sentences
Source of violation: Police / State security
10 October 2019 – The managing editor of the news portal Diken, Fatih Gökhan Diler, was arrested at Diken’s offices in Istanbul, the website reported. Diler was eventually released under a travel ban by the Criminal Judgeship of Peace.
Diler was reportedly detained as part of an investigation on the allegation of “incitement of hatred and animosity” in a news story published by Diken that featured a statement by the speaker of the Kurdish-led Syrian Democratic Forces (SDF). The Turkish military launched an operation in Syria on 9 October, mostly targeting Kurdish forces controlling the border.
Link(s):
http://www.diken.com.tr/dikenin-sorumlu-yaziisleri-muduru-fatih-gokhan-diler-gozaltina-alindi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Police / State security
10 October 2019 – Reporter Beritan Canözer of the Diyarbakır-based pro-Kurdish and feminist news website JinNews had her home raided by police, Bianet reported. During the raid, police confiscated several magazines and newspapers they found in her apartment.
Police officers informed Canözer’s sibling, who was alone in the apartment when the police came, that the journalist was being summoned to the Diyarbakır Police Department to give her statement in connection with her social media posts.
Link(s):
https://www.yeniyasamgazetesi.com/gazeteci-beritan-canozerin-evi-basildi/
Categories: Criminal Charges / Fines / Sentences
Source of violation: Police / State security
10 October 2019 – Turkey’s TV watchdog, the Radio and Television Supreme Council (RTÜK), released a statement warning that any broadcast that endorsed terrorism and misled citizens with “false, incomplete or biased information” would be silenced, Andolu Agency reported. Turkey’s military launched an operation named Peace Spring on 9 October in northern Syria, targeting the Kurdish groups controlling the border.
While thanking broadcasters for “meeting society’s need of being informed with accurate information and contributing to national unity and togetherness,” RTÜK said it would not tolerate negative coverage of the operation. In the statement, RTÜK said that divisive and destructive broadcasts against Operation Peace Spring, published with the support of the [PKK] terrorist organization, are being swiftly identified and silenced with the support of other state institutions.
Link(s):
http://www.yeniyasamgazetesi1.com/rtukten-susturma-aciklamasi/
http://susma24.com/blog/2019/10/11/rtuk-harekat-aleyhindeki-yayinlar-hizlica-susturulmaktadir/
Categories: Censorship – Other Serious Issues
Source of violation: Government / State Agency / Public official(s) / Political party
7 October 2019 – Evrensel writer Ender İmrek is facing an investigation over a column he wrote about First Lady Emine Erdoğan, the newspaper reported.
The column titled “The Hermes bag was shining brightly” criticized the First Lady’s ostentatious display of wealth.
In a Twitter post, Imrek said he was called to testify at the police station over his column.
Link(s):
http://susma24.com/blog/2019/10/08/gazeteci-ender-imreke-sorusturma/
https://www.evrensel.net/haber/388407/emine-erdoganin-hermes-cantasini-yazan-ender-imreke-sorusturma
https://www.dusun-think.net/haberler/gazeteci-ender-imreke-sorusturma/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1574865309697-99e30f8e-0394-5″ taxonomies=”35195″][/vc_column][/vc_row]