Turkey: Parliament must defend the health of democracy

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The Grand National Assembly of Turkey. Credit: Wikimedia

The undersigned organisations call on Turkey’s national assembly to end the recently extended state of emergency, and take immediate steps to repair the damage to freedom of expression and Turkish democracy since the defeat of the 15 July coup.

We respect the need for every government to assure the safety of its citizens, yet the measures taken under the state of emergency since July go far beyond what is necessary for public safety, and are destroying the vibrant political culture of open, diverse dialogue that distinguishes a democracy from a dictatorship.

In the three months since 15 July, over 100,000 people have been dismissed from their positions, most for supposed affiliation with the Gulenist movement. Over 25,000 have been arrested, over 2,000 educational establishments have been closed, and more than 150 media outlets have been shut down. Since the declaration of the state of emergency at least 98 journalists have been jailed, bringing the total number of imprisoned journalists in Turkey to 130, not counting those that have been detained and released without charge – making Turkey the world’s leading jailer of journalists.

As Reporters without Borders has documented, those who have worked with or for organisations sympathetic to the Gulenists are being treated as automatic members of the movement. Members of the movement, in turn, are treated as participants in the coup. In casting such a wide net in its crackdown, Turkey’s government is violating both internationally recognised human rights and universally understood principles of justice by ascribing guilt by association, not evidence, and punishing individuals for their thoughts and beliefs, not their actions.

The extension of the crackdown to Kurdish, Alevi and left-wing media uninvolved in the coup suggests that the state of emergency is being abused beyond its stated purpose and is used for harassing individuals and groups that are merely inconvenient to the government in power, not threats to the democratic system. Many are being detained and punished not for a threat they pose to the Turkish government, or to their fellow citizens, but because they disagree with the government’s actions or policy, or are part of or sympathetic to a minority group.

The survival of democracy requires strong tolerance for a broad spectrum of opinion and belief in public life, including those that majority opinion finds inconvenient. Suppressing the independent voice and participation of minorities in public discourse in the name of anti-terrorism is not only a subversion of their free expression rights – it feeds the discontent that grows into extremism. It will be a poor tribute to the peaceful and democratic spirit of 15 July if weakening democracy and strengthening extremism is the direction chosen by the Turkish people’s political representatives in its aftermath.

We call on the national assembly to take immediate steps to protect the right of all citizens to freedom of expression and belief. We believe the state of emergency must either be ended, or greatly narrowed in its scope. We therefore recommend that you:

  1. Return police detention without legal review to the normal maximum four day period, and amend other provisions of the state of emergency to be compatible with the European Convention on Human Rights and International Covenant on Civil and Political Rights;
  2. Explicitly limit terrorism charges to individuals for whom clear evidence exists of acts of violence, intent to commit acts of violence, or advocating of acts of violence, and drop terrorism charges against all those, like Ayşe Çelik and her co-defendants, who have not committed such an act;
  3. Refer cases of media affected by the recent shutdowns back to the judiciary, and permit them to re-open unless and until they are found guilty of a serious crime;
  4. Set clear limits on the use of travel bans and passport confiscation, and end the extension of these measures to family members;
  5. Renew respect for press credentials by state agents, and return confiscated credentials to press not found guilty of a crime.

Signed,

Initiative for Freedom of Expression – Turkey
Afghanistan Journalists Center
Albanian Media Institute
Americans for Democracy and Human Rights in Bahrain
ARTICLE 19
Association for Civil Rights
Bytes for All
Canadian Journalists for Free Expression
Center for Independent Journalism – Hungary
Center for Independent Journalism – Romania
Freedom Forum
Freedom House
Free Media Movement
Human Rights Network for Journalists – Uganda
Index on Censorship
International Press Centre
Journaliste en danger
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Watch
Norwegian PEN
Observatorio Latinoamericano para la Libertad de Expresión – OLA
OpenMedia
Pakistan Press Foundation
PEN American Center
PEN Canada
PEN International
Reporters Without Borders
Trinidad and Tobago’s Publishers and Broadcasters Association
Vigilance pour la Démocratie et l’État Civique
World Association of Community Radio Broadcasters – AMARC
Anatolian Heritage Foundation
Association of European Journalists
Centre for Freedom of Expression at Ryerson University
English PEN
SEEMO
PEN Germany
Wales PEN Cymru

Bahrain: Protesters call for Nabeel Rajab’s release

Nabeel Rajab, BCHR - winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees Jonathan Dimbleby

Nabeel Rajab, BCHR – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees Jonathan Dimbleby

On Thursday 6 October, Index on Censorship gathered outside the UK’s Foreign and Commonwealth Office with English Pen and the Bahrain Institute for Rights and Democracy to hold a vigil for imprisoned Bahraini human rights advocate, Nabeel Rajab.

The 2012 Index on Censorship award-winning Rajab has been in prison since 13 June of this year for comments he made on Twitter. These included details of the torture allegations at Bahrain’s Jau prison and criticisms of the Saudi war in Yemen. 

Rajab faces up to 15 years in prison for “denigrating government institutions” and “publishing and broadcasting false news that undermines the prestige of the state”.

Originally Rajab’s sentencing was set for 6 October but has recently been postponed until 31 October. Since 25 September, Rajab has been held in solitary confinement in the East Riffa Police Station despite his health problems and the deplorable conditions. 

The protest took place outside the FCO because although it has voiced “concern” over the re-arrest of Rajab it has not called for his release. At the Human Rights Council in Geneva, the UK stated that while it is “concerned” by recent human rights violations in Bahrain, it will continue to provide technical assistance to Bahrain.

It was recently announced that Prince Charles is to visit Bahrain in November. This followed Queen Elizabeth’s sitting beside the king of Bahrain this past spring for her 90th birthday.

While Rajab’s fate is still unknown considering the postponement of the trial until 31 October, the support for Rajab cannot cease. Bahrain has a long history of targeting Rajab in his human rights pursuits, and the UK cannot allow this to continue.

Bahrain: Nabeel Rajab sentencing postponed to 31 Oct

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A Bahraini high criminal court has postponed the sentencing of leading human rights defender Nabeel Rajab, who faces up to 15 years in prison for messages posted on Twitter.

Rajab, the president of the Bahrain Center for Human Rights, is on trial on multiple charges of “disseminating false rumors in time of war”, “insulting a neighboring country” and “insulting a statutory body” under articles 133, 215 and 216 of the penal code. The charges collectively carry up to 15 years in prison. These are in relation to remarks he tweeted and retweeted on Twitter in 2015 about the humanitarian crisis caused by the Saudi-led war in Yemen – with Saudi Arabia the “insulted” country – and documenting torture in Bahrain’s Jau prison.

In September, Bahrain’s prosecution brought new charges against him for “undermining the prestige of the state” after the New York Times published his opinion piece, Letter from a Bahraini Jail. This charge could carry an additional year.

Back in January 2014, when Stephen Colbert asked Human Rights Watch executive director Ken Roth who the next Nelson Mandela would be, Roth named Nabeel Rajab. This week, Human Rights Watch writes: “Is it right or trite to compare Rajab to Mandela? That’s a matter for debate, but it’s certainly reasonable to compare states’ deification of one activist with their silence over another, and Mandela – a vocal supporter of free expression – would surely have seen the double standard.”

HRW’s Roth hit out again on Twitter yesterday: “He’s Bahrain’s Nelson Mandela but the West doesn’t show anywhere near the same concern for his plight.”

Last month, 22 rights groups wrote to 50 countries urging them to call for Rajab’s release. All 50 states, including the UK, had previously raised concerns over Bahrain’s human rights situation. However, until now only the United States has called for Nabeel Rajab’s release. The EU’s Special Representative for Human Rights Stavros Lambrinidis said yesterday on Twitter: “In Bahrain, the EU closely follows tomorrow Nabeel Rajab’s trial. Hope for his release from jail and commencement of national reconciliation efforts.”

Husain Abdulla, Executive Director, Americans for Democracy & Human Rights in Bahrain: “When countries go silent on Nabeel Rajab’s imprisonment because of the Gulf’s strategic importance, that is short-sighted and shameful. The US has talked a good talk on Nabeel: now let’s see them act on it.”

The UK has made no clear statement on Nabeel Rajab, apart from expressing “concern”. In November, Prince Charles will be visiting Bahrain, as well as Oman and the United Arab Emirates, to improve bilateral relations.

Sayed Ahmed Alwadaei, Director of Advocacy, Bahrain Institute for Rights and Democracy: “British silence will consign Rajab to this fate. The UK could have intervened, criticised the situation or called for an end to this flagrantly unfair trial on countless occasions, and so far they have failed to step up every single time. This act of repression is not just the fault of Bahrain, but the fault of every ally which enables Bahrain to continue in this way.”

In September, the UN High Commissioner for Human Rights used his opening statement at the 33rd session of the Human Rights Council (HRC) to warn Bahrain: “The past decade has demonstrated repeatedly and with punishing clarity exactly how disastrous the outcomes can be when a Government attempts to smash the voices of its people, instead of serving them.” Today’s sentencing is yet another case of the Bahraini government attempting to smash those voices.

Rajab has been held in pre-trial detention since his 13 June 2016 arrest, which coincided with the opening of the June session of the HRC. He was initially held in East Riffa, where police kept him in solitary confinement. After 15 days in solitary – which the UN’s top expert judges may amount to torture – he required urgent medical attention. Rajab was rushed to the Bahrain Defence Force hospital with breathing difficulties, an irregular heartbeat and a weak immune system. He was transferred back to a police station for detention the following day.

Since 2011, Rajab has faced multiple prosecutions and prison sentences for his vocal activism. The state banned him from travel in 2014, preventing him from leaving the country.

More about Nabeel Rajab:

6 Oct: Join us to tell the UK to help free Bahraini Nabeel Rajab

Bahrain: Nabeel Rajab put in isolation ahead of 6 October trial

Rights groups urge 50 nations to call for Nabeel Rajab’s release

6 Oct: Join us to tell the UK to help free Bahraini Nabeel Rajab

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September 2014 (Photo: Milana Knezevic)

Join Index on Censorship, English Pen and the Bahrain Institute for Rights and Democracy for a vigil outside the Foreign and Commonwealth Office at 12 pm on Thursday 6 October to mark the trial of Bahraini human rights activist Nabeel Rajab, who could be sentenced to up to 15 years in prison.

The Index on Censorship Freedom of Expression Award-winning Rajab has been subjected to ongoing judicial harassment by Bahrain’s government.

Your support will show the UK government that it must do more to pressure its ally Bahrain to respect freedom of expression and release Rajab unconditionally.

When: Thursday 6 October at 12pm
Where: Foreign and Commonwealth Office, King Charles Street, Whitehall, London SW1A 2AH (Map)

More information about Nabeel Rajab:

Bahrain: Nabeel Rajab put in isolation ahead of 6 October trial

Prince Charles to visit Bahrain: Here are some things he should consider

Who is Nabeel Rajab?

Background
Nabeel Rajab was arrested on 13 June and prosecuted on charges of spreading “false or malicious news, statements, or rumours” during wartime, “offending a foreign country” and “offending a public institution” under articles 133, 215 and 216 of the Penal Code and faces up to 15 years’ imprisonment. His sentencing is due on 6 October 2016. Nabeel has also been banned from travel ban since November 2014.

This is in connection to comments made on Twitter in 2015 documenting allegations of torture at the Central Jau Prison and criticizing the Saudi coalition war in Yemen.

Following the publication a letter by Nabeel to the New York Times, the Public Prosecution Office charged him with “intentionally broadcasting false news and malicious rumours abroad impairing the prestige of the state”. The charge could lead to an additional one-year prison sentence.
FCO Policy on Nabeel and Bahrain
 
The FCO has expressed “concern” over the re-arrest of Nabeel but has not called for his release.
At the UN Human Rights Council in Geneva, the UK stated it will be continuing its technical assistance to Bahrain and encouraged “constructive and inclusive dialogue.”
The UK’s statements do not reflect the facts on the ground: Bahrain’s human rights situation is worsening. Nabeel‘s charges, all related to his free expression and carrying lengthy prison terms, are a reflection of Bahrain’s failure to reform.