Turkey: Six journalists remain in prison while lawyers expelled from court

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Brothers Ahmet Altan and Mehmet Altan

Brothers Ahmet Altan and Mehmet Altan

Turkish journalists Ahmet Altan and Mehmet Altan’s defence attorneys were forced to leave the courtroom as their clients stood trial Monday 13 November, accused of taking part in Turkey’s failed 2016 coup. Both brothers are prominent Turkish journalists, known for their critical reporting on president Erdogan’s regime. 

Ahmet and Mehmet Altan, along with Nazlı Ilıcak, also face three aggravated life sentences for supposedly committing crimes on behalf of the Gulen movement, considered a terrorist organisation after the failed coup.

The lawyers were ordered to leave on the grounds that they were speaking without permission, according to Bianet. They were prevented from making a statement of defence, at which point they were removed from the courtroom. “This incident displays the intolerance towards the defence. We’ve been taken out of the courtroom for attempting to exercise the right of defence,” lawyer Ergin Cinmen told Bianet.

“The persecution of journalists and disregard for the rule of law continues on a shocking scale in Turkey,” said Joy Hyvarinen, acting head of advocacy at Index on Censorship. “We urge the Turkish authorities to reconsider.”

Without lawyers present, the court then ruled that the Altan brothers — along with four other journalists — will remain in pretrial detention. The hearings will resume on 11 December.

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Editor’s letter: All hail those who speak out

[vc_row][vc_column][vc_custom_heading text=”The brave stand up when others are afraid to do so. Let’s remember how hard that is to do, says Rachael Jolley in the autumn 2020 issue of Index on Censorship magazine.”][vc_column_text]

Ruth Bader Ginsburg is a dissenting voice. Throughout her career she has not been afraid to push back against the power of the crowd when very few were ready for her to do so.

The US Supreme Court justice may be a popular icon right now, but when she set her course to be a lawyer she was in a definite minority.

For many years she was the only woman on the court bench, and she was prepared to be a solitary voice when she felt it was vital to do so, and others strongly disagreed.

The dissenting voice and its place in US law is a fascinating subject. A justice on the court who disagrees with the majority verdict publishes a view about why the decision is incorrect. Sometimes, over decades, it becomes clear that the individual who didn’t go with the crowd was right.

The dissenting voice, it seems, can be wise beyond the established norms. By setting out a dissenting opinion, it gives posterity the chance to reassess, and perhaps to use those arguments to redraft the law in later times.

Bader Ginsburg was the dissenting voice in the case of Ledbetter v Goodyear – in which Lily Ledbetter brought a case on pay discrimination but the court ruled against her – and in Shelby County v Holder on voting discrimination, an issue likely to be hotly debated again in this year’s US presidential election. Bader Ginsburg’s opinions may not have been in the majority when those cases were heard but the passage of time, and of some legislation, proved her right.

The dissenting voice in law is a model for why freedom of expression is so vital in life. You may feel alone in your fight for the right to change something (or in your position on why something is wrong), but you must have the right to express that opinion. And others must be willing to accept that minority views should be heard – even if they disagree with them.

Fight for the principle, and when the time comes that you, your friends or your neighbours need it, it will be there for you.

Right now, writers, artists and activists are standing up for that principle, not necessarily for themselves but because they feel it is right.

Sometimes they also bravely dissent when most people are afraid to speak up for change, or to disagree with those who shout the loudest.

Being different and on the outside is a lonely place to be, but the pressure is even greater when you know opposing an idea, or law, could mean losing your home or your job, or even landing in prison.

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As editor-in-chief at Index I have been privileged to work with extraordinary people who are willing to be dissenting voices when, all around them, society suggests they should be quiet. They smuggle out words because they think words make a difference. They choose to publish journalism and challenging fiction because they want the world to know what is going on in their countries. They often take enormous risks to do this.

For them, freedom of expression is essential. Murad Subay is a softly spoken Yemeni artist with a passion for pizza. He produced street art even as the bombs fell around him in Sana’a. Often called Yemen’s Banksy, Subay – an Index award winner – worked under unbelievably horrible conditions to create art with a message.

In an interview with Index in 2017, Subay told us: “It’s very harsh to see people every day looking for anything to eat from garbage, waiting along with children in rows to get water from the public containers in the streets, or the ever-increasing number of beggars in the streets. They are exhausted, as if it’s not enough that they had to go through all of the ugliness brought upon them by the war.”

Dissenting voices come from all directions and from all around the world.

From the incredibly strong Zaheena Rasheed, former editor of the Maldives Independent, who was forced to leave her country because of death threats, to regular correspondence from our contributing editor in Turkey, Kaya Genç, these are journalists who keep going against the odds. These are the dissenting voices who stand with Bader Ginsburg.

Over the years, the magazine has featured many writers who have stood up against the crowd. People such as Ahmet Altan, whose words were smuggled out of prison to us. He told us: “Tell readers that their existence gives thousands of people in prison like me the strength to go on.”

In this issue, we explore those whose ideas and voices – and sometimes, horrifically, bodies – are deliberately disappeared to muffle their dissent, or even their very existence.

Many people associate the term “the disappeared” with Argentina during the dictatorships, where we know about some of the horrific tactics used by the junta. Opposition figures were killed; newborn babies were taken from their mothers and given to couples who supported the government, their mothers murdered and, in many cases, dumped at sea to get rid of the evidence. The grandmothers of those who were disappeared are still fighting to bring attention to those cases, to uncover what happened and to try to trace their grandchildren using DNA tests.

Index published some of those stories from Argentina at the time because Andrew Graham-Yooll, who was later to become the editor at Index, smuggled out some of the information to us and to The Daily Telegraph, risking his life to do so.

We explore what and who are being disappeared by authorities that don’t want to acknowledge their existence.

Thousands of people who are escaping war and starvation try to flee across the Mediterranean Sea: hundreds disappear there. Their bodies may never be found.

It is convenient for the authorities on both sides of the sea that the numbers appear lower than they really are and the real stories don’t get out.

In a special report for this issue, Alessio Perrone reveals the tactics being used to cover up the numbers and make it appear there are fewer journeys and deaths than in reality.

The International Organisation for Migration’s Missing Migrants Project says that 20,000 people have died in the Mediterranean since records began in 2014, but many say this is an underestimation.

Certainly there are unmarked graves in Sicily where bodies have been recovered but no one knows their names (see page 30). The Italian government has, as we have previously reported, used deliberate tactics to make it harder to report on the situation and to stop the rescue boats finding refugees adrift near her boundaries.

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Also in this issue, Stefano Pozzebon and Morena Joachín report on how Guatemala’s national police archives – which house information on those people who were disappeared during the civil war – is currently closed, and not for Covid-19 reasons (see page 27).

Fifteen years after the archive was first opened to the public, a combination of political pressure and a desire to rewrite history in the troubled nation has closed it. This is a tragedy for families still using it in an attempt to trace what happened to their families.

In Azerbaijan (see page 8), another tactic is being used to silence people – this time using technology. Activists are having their profiles hacked on social media and then posts and messages are being written by the hackers and posted under their names.

Their real identities conveniently disappear under a welter of false information – a tactic used to undermine trust in journalists and activists who dare to challenge the government so that the public might stop believing what they write or say.

This is my 30th and final issue of the magazine after seven years as editor (although I will still be a contributing editor), and it is another gripping one.

They smuggle out words because they think words make a difference.

Over the years, I am proud to have worked with the incredible, brave, talented and determined. We have published new writing by Ian Rankin, Ariel Dorfman, Xinran, Lucien Bourjeily, and Amartya Sen, among others. And it has been a privilege to work with the mindblowing, sharp, analytical journalism from the pens of our incredible contributing editors over the years, including Kaya Genç, Irene Caselli, Natasha Joseph, Laura Silvia Battaglia, Stephen Woodman, Duncan Tucker and Jan Fox, plus regular contributors Wana Udobang, Karoline Kan, Steven Borowiec, Alessio Perrone and Andrey Arkhangelsky.

These people do amazing work: their writing is ahead of the game and they bring together thought-provoking analysis and great human stories. Thank you to all of them, and to deputy editor Jemimah Steinfeld.

They have told me again and again why they value writing for Index on Censorship and the importance of its work.

And because we believe that supporting writers and journalists is also about them getting paid for their work, unlike some others we have always supported the principle of paying people for their journalism.

Over the years we have attempted to go above and beyond, providing a little extra training when we can, translating Index articles into other languages, inviting journalists we work with to events, and introducing them to book publishers.

But just like the first time I ventured into the archives of the magazine, I am still amazed by what gems we have inside. We have recently reached our biggest readership to date, with hundreds of thousands of articles being downloaded in full, showing an appetite for the kind of journalism and exclusive fiction we publish.

Thank you, readers, for being part of the journey, and please continue to support this small but important magazine as it continues to speak for freedom.

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Rachael Jolley is the former editor-in-chief of Index on Censorship magazine. She tweets @londoninsider. This article is part of the latest edition of Index on Censorship’s autumn 2020 issue, entitled The disappeared: how people, books and ideas are taken away.

Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_custom_heading text=”Listen”][vc_column_text]The autumn 2020 magazine podcast featuring Hong Kong-based journalist Oliver Farry, who discusses the crackdown on pro-democracy demonstrations in the region

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Subscription options from £18 or just £1.49 in the App Store for a digital issue.

Every subscriber helps support Index on Censorship’s projects around the world.

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Turkey: Press freedom violations August 2019

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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.

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BirGün journalists to stand trial for news coverage

30 August 2019 – Four journalists from BirGün daily — İbrahim Aydın, Barış İnce, Can Uğur and Bülent Yılmaz — were charged with “aiding a terrorist organization without being its member” in a new indictment. The accusation stems from the journalists’ reporting about posts from before the year 2016 by the Twitter account that used the pseudonym “Fuat Avni,” Bianet reported.

The 16-page indictment was recently accepted by the 32nd High Criminal Court of Istanbul, which will be overseeing the case. The indictment claims that the newspaper’s reporting about “Fuat Avni” helped “Fethullahist Terrorist Organization (FETÖ/PDY)” in their attempts to manipulate public opinion.

Link(s):

http://bianet.org/bianet/ifade-ozgurlugu/212463-birgun-gazetesine-algi-operasyonu-davasi

https://ahvalnews.com/turkish-journalism/turkish-journalists-face-legal-action-years-old-reports-tweets-whistleblower

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

UPDATE: Journalist Mehmet Baransu ordered to remain behind bars at end of 21st hearing

Mehmet Baransu

29 August 2019 – The trial of former executives of the shuttered Taraf daily and reporter Mehmet Baransu for allegedly publishing a secret military document called the “Egemen Operation Plan” resumed on 27 August 2019 at the 13th High Criminal Court of Istanbul, P24 reported.

Baransu, the only jailed defendant in the case, who was brought to the courtroom from the Silivri Prison accompanied by gendarmerie, continued presenting his defense statement on the first day of the hearing, which was planned to continue for three days.

Taraf’s former executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur were not in attendance because they are exempt from personal appearance in court. The hearing scheduled for 28 August did not take place because the court failed to send a summons to the Silivri Prison for Baransu to be brought to the courthouse.

Baransu continued making his defense statement on the third day of the hearing on 29 August. In its interim ruling at the end of that hearing, the court ordered the continuation of Mehmet Baransu’s detention on remand on the grounds of “the nature and type of the alleged crime” and because he “has still not completed his defense statement.” The court set 10-11-12 December 2019 as the dates for the next hearing.

Link(s):

https://twitter.com/P24DavaTakip/status/1166239774442700800?s=20

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

DHA reporter Ümit Uzun briefly detained

29 August 2019 – Ümit Uzun, a reporter for Demirören News Agency (DHA), was taken into custody in Istanbul as he was covering a news story for the agency.

Uzun was arrested and handcuffed behind his back as he was interviewing the owner of a store in the Gaziosmanpaşa district, where a car crashed into. The grounds for Uzun’s arrest was “disrupting the scene of the accident.” Uzun was released after interrogation. After being released, the journalist filed a complaint with the Public Prosecutor’s Office about the officers who arrested him.

Link(s):

https://tele1.com.tr/dha-muhabirine-ters-kelepce-ile-gozaltina-alindi-80231/

https://www.youtube.com/watch?v=-dpH1hElhuI

http://bianet.org/english/human-rights/212451-journalist-handcuffed-behind-the-back-during-news-follow-up

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Local reporter injured by gunshot in Turkey’s Balıkesir

29 August 2019 – A local reporter in Turkey’s western town of Balıkesir was wounded by a gunshot on his foot fired by two unidentified assailants in front of his home in the early hours of 29 August.

Levent Uysal, who was the owner and publisher of the local newspaper Balıkesir Yenigün which recently closed down due to economic reasons, was taken to the hospital following the attack.

Uysal said the assault occurred around 1 a.m. at night. Two unidentified people wearing helmets approached him to ask for an address and fired six gunshots before taking off on motorcycles, he said.

The journalist said the police had obtained footage showing the assailants performing surveillance nearby his house a few days ahead of the attack. He added that he thought the attack was organized. “I’m not involved in any vendettas or inheritance dispute. I’ve recently made reports that disturbed and disfavored some [individuals],” he told local media according to DW Turkish. “I think that [the assailants] were instigated by them,” he said requesting from officials a thorough investigation into the case.

Uysal explained his reports were looking to shed light on the favors granted by high officials of the Balıkesir Metropolitan Municipality to their relatives as well as the establishment of new cliques in local institutions. “Questioning and monitoring those who work to serve the public is my task. If [my reports] contain errors or slanders I am ready to be held accountable of it,” he said. No trial or criminal investigation was launched for his reporting so far, Uysal said.

He also said he had to stop printing his newspaper and added that it was impossible for local media to survive without the support of local institutions.

The attack against Uysal came after a wave of attacks targeting journalists, including local reporters, during a heated local elections campaign. The attack was condemned by Balıkesir Journalists’ Association, Reporters Without Borders and the OSCE Representative on Freedom of the Media.

Link(s):

https://www.dw.com/tr/gazeteci-uysal-haberlerim-nedeniyle-sald%C4%B1r%C4%B1ya-u%C4%9Frad%C4%B1m/a-50264071

https://www.tv100.com/balikesirde-levent-uysala-silahli-saldiri-haber-467190

https://www.haberturk.com/balikesir-haberleri/71443855-gazeteci-uysala-silahli-saldiri

Categories: Physical Assault / Injury

Source of violation: Unknown

UPDATE: Journalists arrested in Mardin released after police interrogation

26 August 2019 – Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, JinNews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak, who were arrested in Mardin on 20 August 2019, were released late on 26 August after giving their statements at the Mardin Police Department, Mezoptamya news agency reported.

All five journalists were arrested as they were covering demonstrations in Mardin in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office. They were held in custody for six days before being released. During police interrogation, all five were asked what they were doing on the scene of the protests. Oruç said after they were released that they were handcuffed behind their back while they were being arrested. The journalists also said in a statement that they were subjected to strip searches at the police department.

Reporter Yelda Özbek, who was arrested the same day in Diyarbakır, was released from custody on 21 August. The detention period of the five journalists under arrest in Mardin was extended for four more days on 23 August.

Link(s):

http://mezopotamyaajansi20.com/tum-haberler/content/view/67136?page=4

https://www.dw.com/tr/adil-demircinin-yurt-d%C4%B1%C5%9F%C4%B1-yasa%C4%9F%C4%B1-kald%C4%B1r%C4%B1ld%C4%B1/a-49218483

https://www.spiegel.de/politik/ausland/adil-demirci-darf-offenbar-die-tuerkei-verlassen-a-1272830.html

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

UPDATE: Journalists arrested in Diyarbakır released after seven days in custody

26 August 2019 – Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), and Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP) were released under judicial control measures by a court on 26 August after spending seven days in custody. They were both arrested as part of operations on the heels of the government’s removal of the mayors of Diyarbakır, Mardin and Van from office late on 18 August.

Dağ said all 16 questions he was asked during his interrogation at the police department were about why he attended press statements by the HDP. Ziyan Karahan, an editor for the Mezopotamya news agency who was arrested as part of the same operation, was released on 22 August. Anlı and Dağ’s custody period was extended until 26 August.

Link(s):

http://mezopotamyaajansi20.com/tum-haberler/content/view/67503

Categories:  Arrest / Detention / Interrogation

Source of violation: Police / State security

Evrensel writer Ayşegül Tözeren released kept three days in custody

23 August 2019 – Ayşegül Tözeren, a medical doctor, writer, literary critic and a columnist for Evrensel daily, was taken into custody on 20 August 2019 during a midnight police raid on her Istanbul home.

The raid was conducted on the grounds of an anonymous “tip-off,” daily Evrensel reported. Tözeren was barred from seeing her lawyer during the first 24-hour period of her detention.

After having been held in custody for three days, Tözeren was brought to the Istanbul Courthouse on 23 August. The prosecutor investigating her file referred her to court for release under judicial control measures, without taking her statement. The 4th Istanbul Criminal Judgeship of Peace ruled to release Tözeren under an international travel ban. The court minutes showed that Tözeren is a suspect in an ongoing investigation launched for “membership in a terrorist organization.”

Link(s):

https://www.evrensel.net/haber/385154/yazarimiz-edebiyatci-aysegul-tozeren-gozaltina-alindi

https://medyascope.tv/2019/08/20/edebiyatci-aysegul-tozeren-gozaltina-alindi/

https://www.dw.com/tr/ay%C5%9Feg%C3%BCl-t%C3%B6zeren-serbest-b%C4%B1rak%C4%B1ld%C4%B1/a-50140785

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

Two journalists briefly arrested in relation with protests, charged by court

23 August 2019 – Taylan Özgür Öztaş, a reporter for Özgür Gelecek newspaper, was arrested on 22 August 2019 in a midnight police raid on his home in Istanbul, P24 reported. He was arrested based on the claim that he took part in a demonstration on 20 August in Kadıköy in protest of the government-appointed trustees of Diyarbakır, Mardin and Van.

Another Istanbul-based journalist, Tunahan Turhan, a reporter for the Etkin news agency (ETHA), was also taken into custody in Istanbul on 22 August. Turhan was detained following a criminal record check by the police in Kadıköy. The reporter was in Kadıköy to cover a demonstration by the HDP’s local branch in protest of the removal of Diyarbakır, Mardin and Van mayors from office.

Both Öztaş and Turhan were brought to the Anatolian Courthouse on Istanbul’s Asian side on 23 August. There, they first gave their statements to a prosecutor, who referred both journalists to a court for release. The court released both journalists under judicial control measures.

Link(s):

https://tele1.com.tr/istanbulda-ev-baskinlari-ozgur-gelecek-muhabiri-taylan-oztasin-aralarinda-bulundugu-8-kisi-gozaltina-alindi-78226/

https://ilerihaber.org/icerik/besiktasta-kadinlarin-kayyumlara-karsi-yaptigi-eyleme-polis-saldirdi-102486.html

https://gazetekarinca.com/2019/08/istanbulda-ev-baskinlarinda-gozaltina-alinanlar-serbest/

Categories: Physical Assault / Injury

Source of violation: Police / State security

Local journalist Sami Harunlar assaulted in Mersin

23 August 2019 – Mersin-based journalist Sami Harunlar, the owner of the local newspaper Barış (Peace), was attacked by armed assailants near his home in Tarsus, Demirören News Agency reported.

The 58-year-old journalist was injured in the assault carried out by two unidentified men. Harunlar was hospitalized following the incident. Police has launched an investigation into the attack.

Link(s):

http://www.hurriyet.com.tr/gundem/tarsusta-gazeteciye-silahli-saldiri-41310153

https://www.mersinportal.com/tarsus/mersinde-gazeteci-sami-harunlara-silahli-saldiri-h51517.html

http://gazetekarinca.com/2019/08/mersinde-gazeteci-sami-harunlara-silahli-saldiri/

Categories: Physical Assault / Injury

Source of violation: Unknown

Journalist and video activist Oktay İnce briefly detained in İzmir

22 August 2019 – Oktay İnce, a member of the video activist collective Seyri Sokak, was taken into custody on 22 August in Izmir, online news website Gazete Duvar reported. He was arrested along with 26 lawyers from the Izmir Bar Association as he was covering the lawyers’ press statement protesting the removal of Mardin, Diyarbakır and Van mayors from office.

İnce was taken to the Izmir Police Department. He was released the same day after giving his giving his statement at the police department.

Link(s):

https://www.gazeteduvar.com.tr/gundem/2019/08/22/kayyim-protestosunda-26-avukata-gozalti/

https://www.evrensel.net/haber/386132/izmirde-hdpli-vekillerin-kayyum-eylemi-yine-engellendi

https://www.birgun.net/haber/izmir-deki-kayyum-eylemine-polis-saldirisi-26-avukat-gozaltina-alindi-265843

Categories: Arrest / Detention / Interrogation

Source of violation: Court / Judicial

Six journalists arrested while covering protests against government

20 August 2019 – Six journalists were arrested on 20 Auguıst 2019 in Mardin and Diyarbakır as they were covering public demonstrations in both cities in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office.

Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, Jinnews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak were arrested in Mardin while reporter Yelda Özbek was arrested in Diyarbakır.

Police dispersed the crowds who gathered in front of Diyarbakır and Mardin municipalities. The reporters were arrested as they were taking pictures of the protesting crowds.

Link(s):

https://www.bbc.com/turkce/live/haberler-turkiye-49381649

https://www.evrensel.net/haber/385164/diyarbakir-mardin-van-istanbul-ve-ankarada-kayyum-eylemlerine-polis-saldirdi

https://www.gazetefersude.net/kayyum-protestolari-mardin-ve-diyarbakirda-6-gazeteci-gozaltina-alindi-70762/

Categories: Arrest / Detention / Interrogation

Source of violation: Court / Judicial

Four journalists arrested in Diyarbakır during police operations

19 August 2019 – Four journalists were taken into custody o9 in Diyarbakır as part of sweeping operations across several cities. The operations followed immediately on the heels of the removal of Diyarbakır, Mardin and Van mayors from office late on 18 August by the government, which appointed trustees to run these three cities.

The Mezopotamya news agency (MA) reported on Monday that Ziyan Karahan, an editor for the agency’s Kurdish edition, was arrested during a raid on her home in Diyarbakır as part of the operations. MA said Karahan was brought to the Diyarbakır Police Department’s anti-terror branch. The grounds for Karahan’s arrest were not immediately disclosed.

Turkish Journalists Union (TGS) Diyarbakır representative Mahmut Oral told P24 that journalist Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP), and Özgür Ülke, the press relations officer for the local Bismil Municipality, were also taken into custody during Monday’s raids.

The four journalists were among a total of 418 individuals, who also included local HDP politicians and municipal employees, arrested as part of the operations that took place in the early hours of Monday.

Link(s):

http://gazetekarinca.com/2019/08/diyarbakirda-gazeteci-ziyan-karahan-gozaltina-alindi/

https://nupel.net/mezopotamya-editoru-karahan-gozaltina-alindi-41244h.html

Categories: Arrest / Detention / Interrogation

Source of violation: Court / Judicial

Journalist Ergin Çağlar kept four days in custody

20 August 2019 – Journalist Ergin Çağlar, a Mersin-based reporter for Mezopotamya news agency, was arrested on 16 August 2019 at the Mersin Courthouse where he had gone to give his statement as part of an ongoing criminal investigation against him. He was released under judicial control measures by a Mersin court on 20 August after spending four days in custody, Mezopotamya news agency reported.

Çağlar’s apartment in Mersin was raided on 14 August as part of an investigation by the Mersin Chief Public Prosecutor’s Office, which had also issued an arrest warrant for the journalist.

Çağlar was brought to the Mersin Police Department for interrogation after being arrested at the Mersin Courthouse. The journalist is charged with “membership in a terrorist group” and a confidentiality order was in place concerning the investigation.

Link(s):

https://www.evrensel.net/haber/384862/gazeteci-ergin-caglar-serbest-birakildi-2

http://bianet.org/bianet/diger/211932-gazeteci-ergin-caglar-serbest-birakildi

https://gazetekarinca.com/2019/08/gazeteci-ergin-caglar-serbest-birakildi/

Categories: Arrest / Detention / Interrogation

Source of violation: Court / Judicial

PİRHA reporter briefly arrested in Ankara

9 August 2019 – Cebrail Arslan, a reporter for the Pir News Agency (PİRHA) was arrested on 8 August 2019 along with five other people during a raid on his home in Ankara, online news website Gazete Karınca reported.

Arslan and the five other people were released one day after giving their statement. News reports said the six people were questioned in relation to their involvement in protests, called “White Flag,” against the military operations and curfews in civilian areas of the Southeast in 2016,

Link(s):

https://gazetekarinca.com/2019/08/pirha-muhabiri-cebrail-arslan-serbest-birakildi/

https://www.pirha.net/ajans-calisanimiz-cebrail-arslan-gozaltina-alindi-183437.html/08/08/2019/

Categories: Arrest / Detention / Interrogation

Source of violation: Police / State security

UPDATE: Journalist İdris Yılmaz’s trial adjourned

8 August 2019 – A court in the eastern province of Van ruled to keep imprisoned journalist İdris Yılmaz in pre-trial detention, online news website Artı Gerçek reported. The hearing was the first one after two separate cases where he is charged with “membership of a terrorist organization” were merged.

Yılmaz was previously sentenced to 6 years and 3 months in prison but his sentence was overturned by an appellate court, which ordered re-trial. This case was then merged with another ongoing one in which Yılmaz is again charged with “membership of a terrorist organization.” Yılmaz attended the court hearing via court video-conferencing system from a prison in Elazığ further west, where he is held since his arrest.

The court ruled for Yılmaz’s continued pre-trial detention at the end of the hearing and adjourned the trial until 27 September.

Link(s):

https://www.artigercek.com/haberler/gazeteci-yilmaz-pkk-uyeliginden-ceza-aldi-karar-bylock-olarak-cikti

https://www.gazetefersude.net/tutuklu-gazeteci-idris-yilmaz-kuskusuz-tarih-ozgur-kalemlerin-karanliklari-aydinlatmak-ugruna-surdurdukleri-mucadeleyi-yazacaktir-69477/

https://twitter.com/ArtiTV_/status/1159821875486367744?s=20

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial

Court blocks access to 135 web sources, including Gazete Fersude and ETHA

7 August 2019 – The Ankara 3rd Criminal Judgeship of Peace has ruled for access to a total of 136 websites, web pages and social media accounts.

Among the websites blocked by the decision are those of news portal Gazete Fersude and Etkin News Agency (ETHA). The website geziyisavunuyoruz.org, which follows the trial of Osman Kavala and 15 others facing the charge of “attempting the overthrow the government” for their involvement in the Gezi protests, is also among those that were blocked for allegedly violating Turkey’s Internet law.

The ruling dated 16 July 2019 was rendered in response to a complaint submitted on the same day by the Gendarmerie Command which claimed that the mentioned sites violated Article 8/A of the Law No. 5651, which covers online publication and cyber-crimes.

The law allows judges to order removal of content or block access on one or more of the following grounds: to protect the right of life or security of life and property, to protect national security and public order, to prevent the commission of a crime, or to protect public health.

The ruling to block access to ETHA’s website etha10.com.tr, geziyisavunuyoruz.org and Gazete Fersude’s website gazetefersude.com was implemented following the decision of the Ankara 3rd Criminal Judgeship of Peace. Among the 136 Internet sources that the court ordered banned are websites and social media accounts including numerous Facebook, Instagram, Twitter, Youtube and Pinterest pages.

Details pertaining to the court decision that were obtained by bianet’s lawyer later revealed that bianet.org was erroneously included in the list of URLs to be blocked, although decision remains in effect for 135 other web addresses. Court documents obtained on 7 August by lawyer Meriç Eyüboğlu showed that the complainant Gendarmerie Command had applied to the Ankara 3rd Criminal Judgeship of Peace on 17 July, stating that bianet.org was erroneously included in the list and requesting that the court decision be revised accordingly. The court, in response, issued a decision saying the order to block access to bianet.org was removed while the decision remains valid for the remaining 135 web URLs.

Link(s):

https://bianet.org/1/19/211456-bianet-in-engellenmesi-karari-sehven-135-adres-hala-yasakli

https://www.independentturkish.com/node/59601/medya/jandarma-bianet%E2%80%99-engellenmesi-karar%C4%B1n%C4%B1-%E2%80%98sehven%E2%80%99-talep-etmi%C5%9F

http://gazetekarinca.com/2019/08/135-adres-hala-yasakli-bianetin-engellenmesi-karari-sehven-alinmis/

Categories: Censorship

Source of violation: Court / Judicial

Regulation bringing online broadcasting under TV watchdog’s control goes into effect

1 August 2019 – A regulation that gives Turkey’s radio and television watchdog RTÜK tha authority to supervise content streamed online formally went into effect upon its publication in the Official Gazette.

The regulation, which raised concerns over possible censorship, makes it mandatory for online media content providers to obtain broadcasting licenses and permits from RTÜK, in return for significant sums. It also allows RTÜK to supervise content provided by them and introduce sanctions in case of non-compliance with broadcasting principles.

Streaming platforms like Netflix, local streaming platforms PuhuTV and BluTV will now be subject to RTÜK supervision and potential fines or loss of their license.

In addition to subscription services like Netflix, free online news outlets will also be subject to the same measures. Providers will be required to pay TL 10,000 (around $ 1,800) to get a license to provide radio services while TV and subscription-based service providers will need to pay TL 100,000 (around $ 18,000).

Yaman Akdeniz, a law professor and a cyber rights specialist, said access to the Netflix platform or to news outlets broadcasting from abroad could be blocked. Akdeniz also commented that media outlets such as Turkish services of the BBC or Deutsche Welle, which have emerged as sources of news not subject to government control over the past years, were possible intended targets of the regulation.

Kerem Altıparmak, a human rights lawyer, said the move was the “biggest step in Turkish censorship history” and said all outlets producing opposition news would be affected. “Everyone who produces alternative news and broadcasts will be impacted by this regulation,” Altıparmak wrote on Twitter. “Every news report that can be against the government will be taken under control.”

Link(s):

http://www.resmigazete.gov.tr/eskiler/2019/08/20190801-5.htm

https://www.dw.com/tr/internet-televizyonlar%C4%B1na-rt%C3%BCk-denetimi-geldi/a-49841223

https://www.bbc.com/turkce/haberler-turkiye-49193378
https://bianet.org/1/13/211163-internetten-yayinlar-rtuk-denetimine-alindi

Categories: Legal Measures

Source of violation: Government / State Agency / Public official(s) / Political party

Online news websites T24 and Diken face terrorism investigation

1 August 2019 – The Istanbul Chief Public Prosecutor’s Office launched an investigation against a group of media outlets, including independent news websites T24 and Diken, on the charge of “supporting a terrorist group without being its member.” Both websites are under scrutiny for reporting on Twitter posts of an anonymous account called “Fuat Avni” nearly five years ago.

T24 reported that the investigation was subject to a confidentiality order and that it was not clear what media outlets other than T24 and Diken were involved. It said editors and executives of T24 who worked there in 2014-2016 were summoned by the Istanbul Chief Public Prosecutor’s Office to give statements as part of the investigation.

Those summoned were asked questions on why they reported on “Fuat Avni” tweets, who prepared the reports and whether they had received any instructions to report on the tweets.

The account under the “Fuat Avni” nickname, which has since been deactivated, shared alleged inside information on secret dealings of then Prime Minister Recep Tayyip Erdoğan and other government members.

Link(s):

https://t24.com.tr/haber/t-24-ve-diken-in-de-aralarinda-bulundugu-bir-grup-siteye-fuat-avni-tweetlerini-neden-haber-yaptiniz-sorusturmasi,833117

https://www.independentturkish.com/node/57451/haber/t24-ve-dikene-fuat-avni-tweetlerini-haberle%C5%9Ftirdi%C4%9Fi-i%C3%A7in-fet%C3%B6-soru%C5%9Fturmas%C4%B1

https://www.birgun.net/haber/t24-ve-diken-e-fuat-avni-sorusturmasi-263707

Categories: Criminal Charges / Fines / Sentences

Source of violation: Court / Judicial[/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:1568735643507-01eb7ae9-5ff4-2″ taxonomies=”35195″][/vc_column][/vc_row]

Contents: Border forces: how barriers to free thought got tough

[vc_row][vc_column][vc_custom_heading text=”With contributions from Kerry Hudson, Chen Xiwo, Elif Shafak, Meera Selva, Steven Borowiec, Brian Patten and Dean Atta”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Border Forces cover

Border forces – how barriers to free thought got tough

The autumn 2019 Index on Censorship magazine looks at how borders are getting tougher, journalists are being stopped, visas refused and border officials are snooping into our social media profiles and personal messages. Nations are looking to surveil our thoughts before allowing us to come into their countries and so limiting freedom of expression and the free flow of ideas.

In this issue Steven Borowiec reports from South Korea about how the law means that you can be prosecuted for contacting your relatives in the north without permission; Meera Selva looks at how internet shutdowns are being used round the world to prevent people communicating, most recently in Kashmir; Mark Frary gives tips for LGBT people on how to protect themselves when crossing borders into countries where they might face discrimination.  Charlotte Bailey and Jan Fox look at how it is getting tougher in the UK and USA for artists, writers and academics to get visas; and Kaya Genç digs into Turkey’s censorship of the internet. In the rest of the magazine, writers Emilie Pine, Elif Shafak and Kerry Hudson, and theatre director Nicholas Hytner reflect on past famous Index contributors, Václav Havel, Nadine Gordimer, Samuel Beckett and Arthur Miller. We have an extract of the script of the 1977 film Le Camion by Marguerite Duras which has never appeared in English before, and poems by taboo-breaking poet Dean Atta and the Liverpool Poet Brian Patten. We also have an extract of a story by censored Chinese writer Chen Xiwo about a mother and her daughter and their abusive relationship. Plus Index magazine’s first ever crossword by Herbashe.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special Report: Border forces: how barriers to free thought got tough”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Big brother at the border by Rachael Jolley

Switch off, we’re landing! by Kaya Genç Be prepared that if you visit Turkey online access is restricted

Culture can “challenge” disinformation by Irene Caselli  Migrants trying to cross the Mediterranean to Europe are often seen as statistics, but artists are trying to tell stories to change that

Lines of duty by Laura Silvia Battaglia It’s tough for journalists to visit Yemen, our reporter talks about how she does it

Locking the gates by Jan Fox Writers, artists, academics and musicians are self-censoring as they worry about getting visas to go to the USA

Reaching for the off switch by Meera Selva Internet shutdowns are growing as nations seek to control public access to information

Hiding your true self by Mark Frary LGBT people face particular discrimination at some international borders

They shall not pass by Stephen Woodman Journalists and activists crossing between Mexico and the USA are being systematically targeted, sometimes sent back by officials using people trafficking laws

“UK border policy damages credibility” by Charlotte Bailey Festival directors say the UK border policy is forcing artists to stop visiting

Ten tips for a safe crossing by Ela Stapley Our digital security expert gives advice on how to keep your information secure at borders

Export laws by Ryan Gallagher China is selling on surveillance technology to the rest of the world

At the world’s toughest border by Steven Borowiec South Koreans face prison for keeping in touch with their North Korean family

Stripsearch by Martin Rowson Bees and herbaceous borders

Inside the silent zone by Silvia Nortes Journalists are being stopped from reporting the disputed north African Western Sahara region

The great news wall of China by Karoline Kan China is spinning its version of the Hong Kong protests to control the news

Kenya: who is watching you? by Wana Udobang Kenyan journalist Catherine Gicheru is worried her country knows everything about her

Top ten states closing their doors to ideas by Mark Frary We look at countries which seek to stop ideas circulating[/vc_column_text][/vc_column][/vc_row][vc_row disable_element=”yes”][vc_column][vc_custom_heading text=”Global View”][vc_column_text]Small victories do count by Jodie Ginsberg The kind of individual support Index gives people living under oppressive regimes is a vital step towards wider change[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In Focus”][vc_column_text]Germany’s surveillance fears by Cathrin Schaer Thirty years on from the fall of the Berlin wall and the disbanding of the Stasi, Germans worry about who is watching them

Freestyle portraits by Rachael Jolley Cartoonists Kanika Mishra from India, Pedro X Molina from Nicaragua and China’s Badiucao put threats to free expression into pictures

Tackling news stories that journalists aren’t writing by Alison Flood Crime writers Scott Turow, Val McDermid, Massimo Carlotto and Ahmet Altan talk about how the inspiration for their fiction comes from real life stories

Mosul’s new chapter by Omar Mohammed What do students think about the new books arriving at Mosul library, after Isis destroyed the previous building and collection?

The [REDACTED] crossword by Herbashe The first ever Index crossword based on a theme central to the magazine

Cries from the last century and lessons for today by Sally Gimson Nadine Gordimer, Václav Havel, Samuel Beckett and Arthur Miller all wrote for Index. We asked modern day writers Elif Shafak, Kerry Hudson and Emilie Pine plus theatre director Nicholas Hytner why the writing is still relevant

In memory of Andrew Graham-Yooll by Rachael Jolley Remembering the former Index editor who risked his life to report from Argentina during the worst years of the dictatorship[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][vc_column_text]Backed into a corner by love by Chen Xiwo A newly translated story by censored Chinese writer about the abusive relationship between a mother and daughter plus an interview with the author

On the road by Marguerite Duras The first English translation of an extract from the screenplay of the 1977 film Le Camion by one of the greatest French writers of the 20th century

Muting young voices by Brian Patten  Two poems, one written exclusively for Index, about how the exam culture in schools can destroy creativity by the Liverpool Poet

Finding poetry in trauma by Dean Atta Male rape is still a taboo subject, but very little is off-limits for this award-winning writer from London who has written an exclusive poem for Index[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Column”][vc_column_text]Index around the world: Tales of the unexpected by Sally Gimson and Lewis Jennings Index has started a new media monitoring project and has been telling folk stories at this summer’s festivals[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Endnote”][vc_column_text]Endnote: Macho politics drive academic closures by Sally Gimson Academics who teach gender studies are losing their jobs and their funding as populist leaders attack “gender ideology”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”Subscribe”][vc_column_text]In print, online, in your mailbox, on your iPad.

Subscription options from £18 or just £1.49 in the App Store for a digital issue.

Every subscriber helps support Index on Censorship’s projects around the world.

SUBSCRIBE NOW[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Read”][vc_column_text]The playwright Arthur Miller wrote an essay for Index in 1978 entitled The Sin of Power. We reproduce it for the first time on our website and theatre director Nicholas Hytner responds to it in the magazine

READ HERE[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Listen”][vc_column_text]In the Index on Censorship autumn 2019 podcast, we focus on how travel restrictions at borders are limiting the flow of free thought and ideas. Lewis Jennings and Sally Gimson talk to trans woman and activist Peppermint; San Diego photojournalist Ariana Drehsler and Index’s South Korean correspondent Steven Borowiec

LISTEN HERE[/vc_column_text][/vc_column][/vc_row]