Index relies entirely on the support of donors and readers to do its work.
Help us keep amplifying censored voices today.
[vc_row][vc_column][vc_single_image image=”96838″ img_size=”full” add_caption=”yes”][vc_column_text]A group of court reporters scurried along the halls of Istanbul’s massive Çağlayan Courthouse on the morning of 7 December, taking pictures of the tables showing the trial schedules of several high criminal courts to share them with other reporters make sure that none of the sessions of the day go unreported. There were too many trials, but too few reporters interested.
The journalists — all from the dwindling critical media of Turkey — were there to cover the trials of dozens of academics who will be tried by İstanbul’s 33rd, 34rth and 35th High Criminal Courts in the coming weeks and months. The academics are accused of having disseminated “propaganda on behalf of a terror organization,” when, in 2016 January, they signed a petition calling on the Turkish government to put an end to security forces’ operations in the predominantly Kurdish southeast of the country, where many alleged human rights violations — including deaths of civilians — took place under curfews declared in the region.
So far 148 people have been formally indicted, but a total of 1,128 academics signed the document, called the “Peace Petition” by its supporters. Nearly 500 of the “academics for peace” were expelled from university jobs with cabinet decrees issued under Turkey’s state of emergency declared after the failed coup attempt of July 2016. Nobody knows the exact number of those who left the country, to flee not the investigations against them and legal troubles as much, but the ever stifling and increasingly darker academic climate.
Only four academics — who were imprisoned between March and April 2016 for reading out the petition publicly– have so far been tried. The trials into the rest of the academics began on 6 December, with 10 academics appearing before a judge. One of them, Osman Olcay Kural, an academic from the Galatasaray University, has no regrets. “I am very glad that we signed that petition. I am thinking that we should have done it before,” he said, adding: “I will take this one step further. I don’t think anybody on that list regrets having signed the petition. If there are any, it has to be out of fear. They were frightened badly.”
And he is right. Some academics — although only a few — announced taking their signatures back after universities started investigating them back in early 2016. “And that, I respect,” Kural says. “People have children to take care of and bills to pay. It is the circumstances that have put them in this situation I regret.”
As the first academic to go on trial, Kural might have also inadvertently set the tone for the rest of the academic trials. The court hearing his trial rejected a request from Kural’s lawyer to try his client under Turkish Penal Code Article 301 — “denigrating Turkishness, the Republic and State agencies and organs,” which was the main accusation in the trial of the four academics who were tried earlier. The trial was adjourned until 12 April next year.
What about the others?
If there were 1,128 people who signed the petition, and if most of them are possibly all of them were investigated, then why have only 148 cases have been opened so far?
“Because the prosecutors chose to try them one by one. The text they are using in the indictments is the same; a single case could have been launched,” says Veysel Ok, a lawyer, who currently represents dozens of journalists and several of the peace academics. He, understandably, expects that number to go up in the coming days.
Attorney Ok says the “terror propaganda” and “denigrating Turkish state organs” accusations are vastly different in nature because a 301 conviction is better as it is not a terror crime. How can it be possible for a prosecutor to consider one in place of the other? “There is absolutely no legal explanation for this,” he says. “There is no incitement to terrorism or violence in that petition. For terror propaganda, such incitement is a requirement. To the contrary, the academics’ text wishes for peace. There is absolutely no legal basis for that accusation.”
Productivity in difficult times
“They are trying to make up a crime out of the petition,” agrees Emre Tansu Keten, a peace academic who was expelled from his position as a research assistant at Marmara University with a cabinet decree in February 2017. “This petition doesn’t fit either terror propaganda or 301.”
Keten, like the rest of the signers of the petition, will soon be on trial. However, like Kunal, he is unfazed by the government’s reaction. “As a political individual, I can’t say I was really shocked or that I went through an emotional breakdown when I was expelled,” he laughs.
Out of his university job, he keeps busy, “I work at a publisher as an editor, I am continuing on with my academic studies. I do a lot for [Turkish education professionals’ union] Eğitim-Sen, there is much to be done there.”
For many “peace academics” — and others under pressure in Turkey, such as journalists or rights activists — the unusually difficult times the country is going through need not put life on hold. So much has happened over the past few years: alliances forged by the government that were never expected to be broken have shattered; ministers have been listed as defendants in foreign courts; hundreds of civil servants, judiciary members, soldiers, police officers have been expelled or jailed; scores of President Erdoğan loyalists have fallen from grace and heads of mayors from the government party have rolled (of course, figuratively speaking, at least for now) over the upsetting results of a referendum that the government actually won. Yet, none of this has stopped the core of opposition in Turkey and people like Keten — who is also busy these days working on the final chapters of his doctoral thesis — have continued their prolific work.
When the tide turns, something good might even come out all of this.
“There has been a search for an alternative academia for more than a decade in Turkey,” Keten says. “We, the academics of solidarity, are teaching alternative classes in Ankara, İzmir and Eskişehir. There are other journals and serious publishing houses where we can write and be published.”
“To a certain extent, these policies of intimidation have worked,” he added. “Many [who signed the] peace petitions have left the country, but there is also a group which has, over the past two years, created a foundation for a struggle. There are those who have stayed, and who are working to change things. And that, gives, hope.”[/vc_column_text][vc_single_image image=”96839″ img_size=”full” add_caption=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified 3,597 violations against journalists and media outlets.
Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.
Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/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:1512654177455-eea84219-c45f-10″ taxonomies=”55, 8607″][/vc_column][/vc_row]
To: His Excellency Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights
Re: Call for action to condemn the Egyptian authorities’ crackdown on freedom of expression
Mr High Commissioner,
We, the undersigned organisations, are writing to express our great concern about the current human rights situation in Egypt.
Four years ago today, Egypt’s anti-protest law was signed, restricting the right to free assembly to such an extent that the mere planning of a demonstration has been criminalised.
This law remains one element of a repressive legislative arsenal denying Egyptian citizens their rights to freedom of opinion, expression, association, and peaceful assembly, under the pretext of maintaining stability and countering terrorism.
The Media and Press Law of 26 December 2016 constitutes an unprecedented attack on press freedom, the NGO Law has made it impossible for civil society to operate safely, while the Anti-Terrorism Law has been used to impose travel bans and asset freezes on journalists, human rights defenders and other peaceful activists.
These laws act as powerful tools in the hands of the security forces, which carry out the most severe violations of human rights on a daily basis, and in a climate of impunity: summary executions, abductions followed by secret detentions and enforced disappearances, torture, rape, arbitrary arrests, unfair trials before civilian and military courts leading to heavy prison sentences, including the death penalty.
The authorities have been resorting to these severe violations in a systematic fashion in order to instil fear within society and to silence any form of dissent by discouraging individuals from speaking out. Those targeted include students, professors, trade unionists, journalists, lawyers, human rights defenders, political opponents and other peaceful activists.
In addition to these attacks against the liberty and physical integrity of its citizens, the Egyptian authorities have imposed widespread online censorship and surveillance. Since May 2017, more than 400 websites – including those of news outlets and human rights organisations – have been blocked in an attempt to suppress reports which contradict the state narrative on the human rights situation in the country.
We believe this repressive apparatus, established under the pretext of ensuring stability, is not only counter-productive, but its very existence permits abuses that go against the human rights principles enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights, the latter of which Egypt has been party to since 1982.
Mr High Commissioner, as we near the 70th anniversary of the UDHR, the Egyptian authorities must be reminded of their commitment to ensure “freedom of speech and belief and freedom from fear and want”. Such freedoms have been qualified as the “highest aspiration of the common people” by the UDHR. The Egyptian people are no exception, and they deserve your strongest support and attention.
Mr High Commissioner, your mandate gives you the authority to engage in a dialogue with all governments to secure respect for all human rights. We believe your support is crucial to ensure that the people of Egypt enjoy “the equal and inalienable rights of all members of the human family” proclaimed 70 years ago.
Given the extreme gravity of these human rights abuses, we urge you to publicly and strongly condemn these violations of the rights to freedom of opinion, expression, association and peaceful assembly, as well as the attacks on the liberty and integrity of Egyptian citizens. We kindly request that you call upon the authorities to put an end to these violations and establish the necessary prevention and accountability mechanisms to avoid their repetition.
The undersigned organisations:
Adalah Center for Rights & Freedoms
Alkarama Foundation
ARTICLE 19
Committee for Justice
Egyptian Coordination of Rights and Freedoms
El Nadim Center against Torture and Violence
EuroMed Rights
Front Line Defenders
Index on Censorship
PEN International
World Organisation Against Torture (OMCT)
[vc_row][vc_column][vc_column_text]Leading freedom of expression organisations have submitted third-party interventions in ten cases against jailed Turkish journalists to which the European Court of Human Rights (ECtHR) has given priority status. The interventions offer detailed legal analyses of the principles at stake in the cases of the detained journalists.
The cases before the ECtHR concern the detention of board members from the Cumhuriyet newspaper, along with the cases of journalists Murat Aksoy, Şahin Alpay, Ahmet and Mehmet Altan, Ali Bulac, Ayse Nazlı Ilıcak, Ahmet Şık, Deniz Yücel, and Atilla Taş.
The separate interventions include submissions from the Media Legal Defence Initiative, PEN International, ARTICLE 19, the Association of European Journalists, the Committee to Protect Journalists, the European Centre for Press and Media Freedom, the European Federation of Journalists, Human Rights Watch, Index on Censorship, the International Federation of Journalists, the International Press Institute, the International Senior Lawyers Project and Reporters without Borders. The organisations worked with a group of British lawyers, including Eddie Craven of Matrix Chambers, in drafting the interventions.
The briefs urge the Court to hold that the detention of a journalist is “subject to the strictest scrutiny”, and that such measures in response to a journalist’s work can only be justified in “extreme and exceptional cases.” They underline that “the deliberate and arbitrary use of the criminal law to target journalists and other media for exercise of freedom of expression and opinion that may be critical of government for the ulterior purpose of punishing and preventing dissemination of critical opinions amounts to a violation” of the European Convention on Human Rights, to which Turkey is a state party.
“The extraordinary abuse of power by the Turkish state towards the detained journalists is symptomatic of a relentless crackdown on all dissenting voices since last July’s attempted coup. These journalists have been deprived of an independent and effective judicial system in their own country. These urgent cases before the ECtHR therefore are an opportunity to not only redress the injustice in these egregious instances but to give wider protection to the Turkish media and society as a whole,” said Sarah Clarke, PEN International.
“The volume of cases concerning detained Turkish journalists that are coming before the European Court are indicative of the dire state of press freedom in the country,” said Padraig Hughes, the Media Legal Defence Initiative’s Legal Director, “these cases offer the European Court an important opportunity to take a stand against the widespread deprivation of liberty of those who have been willing to criticise the Turkish Government, and to recognise that the real purpose behind these detentions is to deter journalists from speaking out in the future.”
“The number of Turkish cases on the Court’s docket should come as no surprise. While some journalists are released – such as Murat Aksoy and Atilla Tas this week – still others are detained. The revolving doors of Turkey’s jails just serves to underscore the arbitrariness of these detentions”; said Gabrielle Guillemin, Senior Legal Officer at ARTICLE 19. “With the independence of the Turkish judiciary under serious threat, the Court in Strasbourg is the last hope journalists have to obtain justice: these cases present the Court with a unique opportunity to protect freedom of expression in Turkey”; she added.
Turkey is currently the world’s largest prison for journalists, with over 150 currently in detention. Turkey has now been under a State of Emergency for 16 months, which has enabled an unprecedented repression of the free press and critical voices.
Third party interventions represent an additional tool to help promote and protect human rights at the European Court of Human Rights. They are an opportunity for civil society to assist the courts by providing an independent analysis of the human rights principles and standards at issue in a case, as well as any relevant international and comparative human rights law. The UN Special Rapporteur, David Kaye, and Council of Europe Human Rights Commissioner, Nils Muiznieks, have also intervened on these critical cases.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified 3,597 violations against journalists and media outlets.
Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.
Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”3″ grid_id=”vc_gid:1509113416127-927fc9f0-14f9-6″ taxonomies=”8862″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]Index on Censorship welcomes the call by Minister Jo Johnson for freedom of expression to be better protected in universities. However, we would remind the minister universities already have a statutory duty under the 1986 Education Act to protect freedom of speech for university members, employees and visiting speakers.
While we applaud Johnson’s renewed commitment to ensure universities protect free expression we question whether it is possible to do so and also comply with other duties imposed on universities by the government, such as monitoring students under the Prevent anti-terror programme.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.
Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/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:1508403305697-89d061d7-f665-0″ taxonomies=”8843″][/vc_column][/vc_row]