Robert McCrum: Bringing out Havel and Kundera (Radio Prague)

Robert McCrum is an acclaimed writer and journalist in Britain. Currently an associate editor of the Observer, he has six novels to his name, and is co-author of the international bestseller, The Story of English. He is also a lifelong campaigner for freedom of speech, and this was what drew his attention to the plight of writers in Czechoslovakia during the period of “normalisation” in the 1970s and 80s. Read the full article

#IndexAwards2017 fellows: “Governments don’t care about the human rights argument”

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From left: Cartoonist Martin Rowson accepting the Arts Award on behalf of Chinese cartoonist Rebel Pepper; Alp Toker of Digital Activism Award-winner Turkey Blocks; Isik Mater of Digital Activism Award-winner Turkey Blocks; Anastasia Zotova, wife and campaign partner of Campaigning Award-winner Ildar Dadin; Ahemd Naish, editor of Journalism Award-winning Maldives Independent; Zaheena Rasheed, former editor of Journalism Award-winning Maldives Independent. (Photo: Elina Kansikas for Index on Censorship)

From left: Cartoonist Martin Rowson accepting the Arts Award on behalf of Chinese cartoonist Rebel Pepper; Alp Toker of Digital Activism Award-winner Turkey Blocks; Isik Mater of Digital Activism Award-winner Turkey Blocks; Anastasia Zotova, wife and campaign partner of Campaigning Award-winner Ildar Dadin; Ahmed Naish, deputy editor of Journalism Award-winning Maldives Independent; Zaheena Rasheed, former editor of Journalism Award-winning Maldives Independent. (Photo: Elina Kansikas for Index on Censorship)

 

Since the Index on Censorship Awards, the 2017 fellows have been busy doing important work in their respective fields to further their cause and for stronger freedom of expression around the world.

Rebel Pepper / Arts

Baby Pepper

Rebel Pepper, the Chinese cartoonist critical of the country’s government, now lives in exile in the USA where he works for Radio Free Asia. “Everything is going well, and I have a lot of friendly colleagues who like my work,” he told Index on Censorship.

He also continues to write his column in the Japanese version of Newsweek and worries about many recent developments in his home country. “The CCP’s control of society is becoming more and more severe, people are exposed to less and less real news from the outside world, and vice versa,” he says. “It’s hard to sum up because there are so many problems right now.”

The artist is still getting cartoons published and says the Index on Censorship award gave him the energy to “keep walking on the creative road”.

There is a new addition to the Rebel Pepper family, with baby Kitano. “Every day I have to change a lot of diapers, which has had a big influence on my sleeping patterns, so I have to find some fun from him,” Rebel Pepper tells Index, brandishing a cartoon to illustrate his point.

Idler Dadin / Campaigning

Campaigning fellow Ildar Dadin has returned to activism since his release from prison in February. “Along with friends or on single pickets, we are openly showing that we aren’t in agreement with what’s happening in the country,” Dadin tells Index.

Last month he was detained in St Petersburg while trying to film a woman being assaulted by police. “The situation in this country now is really bad,” Dadin says. “There’s a new kind of police force which can attack and humiliate people, which is very serious.”

Ildar Dadin

He describes the arrests of more than 260 people during anti-Putin protests across Russia — including St Petersburg — in October as “pretty much normal for any activist in the country”.

Dadin believes that pressure from civil society both in Russia and abroad were partially responsible for his release. He hopes for “justice for all people, not just Russians”.

Moving forward, Index is helping Dadin with his transition to life outside of prison and prioritising his health and also helping him to gain additional international exposure.

Turkey Blocks / Digital Activism

“We are now going to be the NetBlocks project and expand our work,” director of research at Turkey Blocks Isik Mater tells Index. The team are taking steps to formalise some of their tools and methodologies, expand into new regions that have similar needs and now cover several countries experimentally.

The Turkey Blocks team have also developed a new tool called Cost, which calculates the financial impact of mass-censorship. “Governments don’t tend to care about the human rights argument, so they don’t listen to it,” says Alp Toker, founder of Turkey Blocks. “But if you tell them ‘this will cost x million dollars of harm to GDP’ then they perk up because that can become a political issue, which is a very powerful method of convincing governments not to censor content.”

Turkey, however, has been quite quiet recently in terms of internet shutdowns, after a barrage of such incidents in the year following the attempted coup in July 2016. In fact, the Turkish government have been using Turkey Blocks data on internet shutdowns as a kind of audit, Toker explains. “We ran our first panel with the Turkish government just a few weeks ago, which is kind of historic,” he says. “We are seeing really positive things, and although they have a long way to go it should be noted that they’ve been willing to have a dialogue with civil society and with a human rights group.”

Index on Censorship is helping Turkey Blocks through the process of forming a board and incorporating public speaking training skills for Mater so that she too can begin to make more public appearances.

Maldives Independent / Journalism

Staff at the Maldives Independent taking part in self-defence training.

Staff at the Maldives Independent taking part in self-defence training.

Journalism fellows at Maldives Independent are going through a period of change. Former editor Zaheena Rasheed left the publication soon after awards week in London to take up a position on the online team at Al Jazeera, where she has recently been doing a lot of work covering the Rohingya refugee crisis from Bangladesh.

For personal reasons, Rasheed finds it difficult to be involved with the Maldives on top of this. “A friend of ours in the Maldives, Yameen Rasheed, was murdered at the end of the Index awards week in London and that was a big blow — it was very hard for me.”

Yameen Rasheed was a prominent blogger and internet activist who died from multiple stab wounds after an attack in the stairway of his apartment building in Malé on Sunday 23 April 2017. Index on Censorship has been involved in helping the Maldives Independent better secure their personal and office safety since Yameen Rasheed’s murder, including a recent self-defence training session.

A new editor took over at the Maldives Independent in mid-September and since then the publication has seen a noticeable spike in readership, and reporters are encouraged to get out and meet people, build relationships and contacts.

“It’s fairly calm at the moment — there have been no coups, for example — so I see this period as a time to hone the team’s reporting and feature writing skills,” a staff member tells Index. “We’re doing a broad mix of news and features: politics, tourism, mental health, rave culture, the hipster coffee scene, rural development, sex abuse cover-ups.”

Staff at the Maldives Independent hope that the publication continues to be a forum for debate and free speech, that it holds power to account, exposes wrongdoing and corruption and most of all give insight into a country that many people have only one image of.

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Jodie Ginsberg: How censorship stifles debate

[vc_row][vc_column][vc_video link=”https://youtu.be/Gy4ZfnnTOKM”][vc_column_text]A speech given by Index on Censorship CEO Jodie Ginsberg at St Mary’s Cathedral, Limerick, Ireland for the Limerick Civic Trust in association with Banned Books Week.

In 1634, the English lawyer and author William Prynne was sentenced to life imprisonment, fined £5,000 (more than £1 million in today’s money) and had both his ears cut off. His crime? The publication of Histriomastix – a thousand-page Puritanical tome dedicated to showing that plays were unlawful and incentives to immorality. He didn’t have many good things to say about women either.

It is a dreadful irony that this work, which in effect advocates censorship, resulted in some of the most gruesome punishments you can inflict on an author for their writing. Nor did his punishment end there – accused of publishing”seditious libels” again in 1637, Prynne had the letter SL branded on both his cheeks.

I mention the example of Prynne because it is the first cited in an exhibition of book covers currently on display at Pembroke College, Cambridge, where this week my organisation kicked off a series of talks and discussions for Banned Books Week, of which this lecture is the final event.

And I mention it because while it reminds us of how far we in the UK and Ireland have come in the past 350 years, the exhibition was also a powerful reminder of the fact that censorship is still alive and well – albeit in different forms – in our democracies. The exhibition ran along two sides of the library. On one side were the cases from the 1630s to 1800s. The entire other side reflected instances of censorship in the UK just in the past 100 years. This included – in 1946 – the burning of copies of insipid love story Forever Amber by Kathleen Winsor – not by the state but by public libraries no less.

Stop to think of that for a moment. In 1946, barely a decade after the perhaps some of the most infamous book brings in history – those of Nazi Germany, public libraries in the UK thought it fit and proper to burn a historical romance that one judge in the States described as “soporific rather than aphrodisiac”.

That was 1946. A bygone era perhaps? Sadly not. Sixty-four years later in 2000, a New York-based Limerick man took out a $800 half-page advertisement in Irish-American newspaper, the Irish Echo, inviting people to bring copies of Angela’s Ashes to a book-burning ceremony to protest this way this city was treated in the novel and the film of the same name.

The Angela’s Ashes incident shows us the urge to censor, to limit the publication or promotion of ideas we find offensive – whether on grounds of obscenity, of religion, or politics, remains strong.

This talk will examine the new sources of censorship – not just in the context of literature – and posit some ways we can resist the urge to silence others.

First, a little about myself and why I care about these issues and about the organisation I run. I am a journalist and have wanted to be a journalist for as long as I can remember. As a child, I would make my friends play ‘the news’ which we then performed to our long-suffering parents and I dreamed of being BBC foreign correspondent Kate Adie. When I finally got to cover a war – civil conflict in Ivory Coast – I discovered I did not after all want to become a war correspondent and ended up as London Bureau Chief for Reuters news agency. Whereupon I found myself in charge of coverage for the UK riots of 2011.

I became a journalist because I wanted to tell stories that were not being heard. I love literature because I believe in the power of the written word to convey and transport us to a world beyond our own imagining and that my own world is enriched as a result.

So it seemed a natural fit when I was asked if I was interested in running Index on Censorship, one of the world’s leading organisations in the defence of free expression. Index on Censorship was founded 45 years ago by the poet Stephen Spender in response to what seemed like a simple request: what could the artists and intellectuals of the West do to support their counterparts behind the Iron Curtain and those under the thumb of oppressive regimes elsewhere? Organisations like Amnesty and PEN already existed, doing then – as now – a formidable job of petitioning and campaigning, particularly on the cases of the imprisoned. What more could be done? The answer – those who established Index decided – was to publish the works of these censored writers and artists and stories about them. Index on Censorship magazine was born and we have continued to produce the magazine – this magazine – on at least a quarterly basis ever since. Writers for the magazine have included the likes of Arthur Miller, Nadine Gordimer, Hilary Mantel, Vaclav Havel – and Samuel Beckett.

One of the t-shirts featured in the Index on Censorship archive reads: “If Samuel Beckett had been born in Czechoslovakia we’d still be waiting for Godot”.

It was part of a campaign that Beckett supported to bring attention to the plight of writers in then Czechoslovakia. Beckett’s play was banned in the east European country at the same time as the communist government was persecuting its own writers. Beckett became drawn to the case of Czech playwright Havel, and committed to bringing world attention to the way writers were being banned.

Beckett was so incensed by what was happening to Havel that he wrote the short play Catastrophe, dedicated it to Havel, and allowed Index the exclusive, to publish it first in its pages.

Beckett’s action encapsulates the motivation of those who first established Index. This motivation, as Stephen Spender wrote in the first edition of the magazine, was to act always with concern for those not free, responding to the appeals from Soviet writers to their Western counterparts. “The Russian writers,” Spender wrote, “seem to take it for granted that in spite of the ideological conditioning of the society in which they live, there is nevertheless an international community of scientists, writers and scholars thinking about the same problems and applying to them the same human values. These intellectuals regard certain guarantees of freedom as essential if they are to develop their ideas fruitfully… Freedom, for them, consists primarily of conditions which make exchange of ideas and truthfully recorded experiences possible.”

I will ask in my talk this evening – given the debates about no-platforming in universities, the controversy over kneeling for the US flag, the fact that the BBC’s political correspondent needs a bodyguard to cover a political conference, whether we currently have the ‘conditions which make exchange of ideas possible’.

Why is it important to tackle censorship? Sometimes we forget to ask ourselves this question because we take it for granted that freedom is a good thing. Consider all those who were quick to shout ‘Je Suis Charlie’ following the attacks on French satirical magazine Charlie Hebdo – the knee-jerk reaction in Western liberal democracies is often to say you are for free speech, without ever really stopping to consider why you might be for it. Or why free speech is and of itself a good thing.

I would argue this failure to understand the value of free speech lies at the heart of one of the dilemmas we face in modern democracies where free speech is being gradually eroded – where ‘Je Suis Charlie’ quickly became ‘Je Suis Charlie, but…’.

It is vital to understand the value inherent in free expression to understand why some of the current tensions surrounding free speech exist. It is also crucial for understanding ways to tackle the dangerous trade-offs that are increasingly being made in which free expression is seen as a right that must be pitted against safety, security, and privacy.

John Stuart Mill talks of free expression being fundamental to the “permanent interests of man as a progressive being.” “The particular evil of silencing the expression of an opinion,” he argues in On Liberty, “is that it is robbing the human race… If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth produced by its collision with error.”

This latter argument is particularly powerful when we consider, for example, the introduction of Holocaust denial laws. Such laws suggest that there are some truths so precious that they have to be protected by laws, rather than having their truth reinforced by repeated “collision with error.” You can imagine authoritarian regimes everywhere looking at such laws and rubbing their hands with glee at the prospect of being able to impose a single view of history on the populace, without any kind of challenge.

The free exchange of ideas, opinions, and information is in Mill’s doctrine a kind of positive cacophony from which clear sounds emerge. In this doctrine, it is not just the having of ideas, but the expressing of them that becomes vital.

Which brings us back to the question of whether we have the conditions for the exchange of ideas possible in 2017 across the world. I want to focus on four key areas on which Index campaigns for free expression: the arts, academia, media and online, and look at what I consider to be some of the main sources of censorship, by which I mean the attempt to silence and stifle ideas and debate, in democratic countries and further afield.

Let us begin with the arts. A number of recent cases I think highlight the contemporary censorious impulses in democracies: the first is the case of Exhibit B, a theatrical installation meant to highlight the horrors of so-called human zoos of the 19th century. Created by white artist Brett Bailey, Exhibit B was described by London’s Barbican as a “human installation that charts the colonial histories of various European countries during the nineteenth and twentieth centuries when scientists formulated pseudo-scientific racial theories that continue to warp perceptions with horrific consequences.” Exhibit B involved black actors often chained or in masks, sitting silently while viewers to the installation filed past.

In 2014, Exhibit B – which received five-star reviews elsewhere and was successfully shown just weeks before at the Edinburgh Festival – was pulled from a planned staging at the Barbican on the advice of police following a sustained campaign against the work online and off, including a very vocal protest outside the theatre.

Those who objected to the artwork – many of whom had not seen it – described it as racist. Now, I am not objecting to people’s right to protest against works or ideas they find offensive. Indeed, that is a fundamental tenet of freedom of expression. But what is salient, I think, about Exhibit B is that it demonstrates a growing belief that the opinions of one set of people should be allowed to infringe the legal rights of others to express themselves. Exhibit B was not closed down by police for hate speech or inciting violence, it was closed down because the police and the venue itself did not believe they could protect the audience or actors from any potential spillover from the protests about the work. In this case, one group of self-appointed spokespeople for a community infringed the rights of others to express themselves. As Stella Odunlami, an actor who took part in the Barbican Exhibit B, wrote in The Guardian: “I chose to take part in Exhibit B because I was inspired by the premise of the work… It forces us to examine the darkest corners of our mind. It is brutal, unforgiving and unapologetic. I decided, as an educated black artist, that it told a story that should be shared with the world, but sadly that will no longer be the case. My freedom of expression was taken the moment the protesters decided to attempt to storm the venue, causing it to be evacuated and deemed unsafe. It was at that moment that the protesters retained their right to free speech and I had mine taken away.”

Offence and hurt are in the eye of the beholder. Once we let a mob decide what can and cannot be expressed, we are in dangerous territory indeed.

We see this mob mentality most often reflected in the hysteria that whips up at speed when an individual or group of individuals takes offence on social media about something and how that fireball of fury can intimidate artists and others to self-censor as result. Irish author Claire Hennessy spoke eloquently about this at an event Index hosted in London last night.

Such campaigns do not just force self-censorship, they can prevent works from getting an audience at all. Consider a young adult novel called The Black Witch about a girl named Elloren who has been raised in a stratified society where other races (including selkies, fae, wolfmen, etc.) are considered inferior at best and enemies at worst. When she goes off to college, she begins to question her beliefs. The book was subjected to a sustained campaign of online abuse ahead of publication after one blogger wrote that the fantasy novel was “the most dangerous, offensive book I have ever read.” Its Goodreads rating dropped to an abysmal 1.71 thanks to a mass coordinated campaign of one-star reviews, mostly from people who admitted to not having read it.

Nervousness about offence is not restricted to concerns about the reaction it might generate in the online world. Salman Rushdie has said he does not think the Satanic Verses would be published today. And in the wake of the killing of those associated with Charlie Hebdo, the killings at the Bataclan nightclub in Paris, the shooting at a free speech event in Copenhagen it is not difficult to see why.

This mob as censor dynamic is something we shall see rearing its head again when we come to talk about media and academia and is one of the pincer movements I identify at being at the heart of modern censorship in democracies.

The second pincer movement is led primarily by governments and relates to a privileging of national security over almost all other values in modern societies. The crackdowns justified in the name of national security are widespread and increasingly misused. Take, for example, the current situation in Turkey. It is not just journalists who face the ire of President Erdogan as he seeks to weed out his enemies. Artists face his wrath too. Cartoonist Musa Kart, for example, has been in detention for the past 10 months and faces 29 years in jail for his cartoons satirising the government.

Jailing is one way to silence your enemies. Another is travel bans. In Malaysia, another cartoonist, Zunar, is currently subject to a travel ban – and faces 43 years in jail for his work satirising the Prime Minister and his wife.

In these democracies, those in power behave increasingly like despots. And one thing autocrats seem to hate more than anything is being laughed at. if you don’t believe me, consider the fact that President Erdogan tried to have the German government prosecute a German comedian for reciting – on German television – a poem that lampooned him. Even worse, German Chancellor Angela Merkel paved the way for his possible prosecution of Jan Böhmermann by leaving it up to prosecutors to decide whether to take the case forward.

If free speech cannot be defended by Germany within its own borders, what hope is there for its global defence?

I want to say something here about the importance of a robust defence of fundamental, universal rights and freedoms within democracies as standard bearers for these rights globally. Autocratic and repressive regimes look to justify their own behaviour by pointing to comparable actions in democracies.

That is why we at Index welcome the fact that Ireland’s blasphemy law will be considered in the upcoming referendum. Ireland is the only country in the western developed world to have introduced a blasphemy law in the 21st century and that has given succour to those countries who wield their own blasphemy laws to punish apostates.

For instance, the Organisation of Islamic Cooperation – which has 57 member states – cites Ireland’s law as best practice and has even proposed adopting its precise wording to limit human rights on freedom of conscience. It gives strength to the likes of OIC member Pakistan where a woman – Asia Bibi – is currently in jail awaiting execution for having drunk the same water as her Muslim neighbours.

Freedom to express one’s religious belief is on the barometer of the state of free expression.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Stay up to date on freedom of expression” 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 the our mailing list 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_column_text]A second important indicator by which freedom of expression can be measured is the state of its media. And on this measure, the picture is also far from rosy. Index has been running a project since 2014 on threats to media freedom in Europe and neighbouring countries. The picture that the Mapping Media Freedom project paints is alarming. Journalists in our region have been killed, arrested and systematically harassed for doing their jobs. And the harassment isn’t taking place only in countries where you might expect it: Turkey, Russia, Belarus, Ukraine, but much closer to home.

Only this week, we learned the BBC’s political correspondent has been assigned a bodyguard because of threats against her. Think about that for a moment. One of the most senior journalists at Britain’s public broadcaster requires a security detail to cover the conference of the country’s leading opposition party.

Online harassment, intimidation by the state, and legal measures are all ways in which attempts to silence the media are made. In some countries, the stakes for journalists are impossibly high. In Mexico, more than eight journalists have been killed this year alone as the cartels, vigilante groups and security forces wrestle for power. Few of these killings are ever solved, encouraging an atmosphere of impunity. In Turkey, hundreds of journalists are in jail. And at the far end of the spectrum, countries like Eritrea have no independent media whatsoever. In between are countries like Ireland, which a report in 2016 by human rights lawyers Doughty Street Chambers found had one of the most concentrated media markets of any democracy. The report said accumulation of what has been described as “communicative power” within the news markets was at endemic levels, and this, combined with the dominance of one private individual media owner in the State, created “conditions in which wealthy individuals and organisations can amass huge political and economic power and distort the media landscape to suit their interests and personal views.

And in discrediting and dismissing all journalism he doesn’t like as “fake news”, the President of the United States creates an environment in which attacks on journalists feel like fair game. Everywhere.

The President’s preferred communications milieu is, of course, social media and the internet is currently the battleground for some of the most important debates on free speech in the 21st century.

On the one hand, the internet offers an incredible tool for democratising speech: a relatively cheap platform that allows anyone with the access the means to make their voice heard. However, it also provides a tool for the nasty, cruel – and often just frankly the bored – to harass and bully others into silence. That is a challenge that we as free speech advocates would be wrong to ignore but for which censorship is the wrong answer.

Nor is the answer effectively abolishing privacy on the internet. This is the particularly pervasive argument used in Western liberal democracies to justify surveillance in the name of national security. If you have nothing to hide, you have nothing to fear, the mantra goes: in liberal democracies, we’re not interested in your ideas, we’re just out to get the bad guys committing crimes. It shouldn’t stop you expressing yourself.

Except that it does. Knowledge of mass surveillance by governments is already changing the way in which writers work. A report from PEN American Center, Global Chilling, shows an astonishing one-third of writers – 34 percent – living in countries deemed “free” have avoided writing or speaking on a particular topic, or have seriously considered it, due to fear of government surveillance. Some 42 percent of writers in “free countries” have curtailed or avoided activities on social media, or seriously considered it, due to fear of government surveillance, the survey found. In countries that are not free, the consequence of a lack of privacy is acute. Colleagues in Azerbaijan, for example, note that authorities are quick to demonstrate the country’s openness by arguing a lack of curbs on social media. They don’t need a curb – as soon as you express yourself openly, the crackdown begins.

But it is not just in countries like Azerbaijan that we have to worry about surveillance or the misuse of national security laws. In 2014, British police used legislation introduced explicitly to tackle terrorism to obtain the phone records of The Sun newspaper’s Tom Newton Dunn for an investigation into whether one of its officers had leaked information about a political scandal, an action that seriously comprising the basic tenet of a free and independent media: the confidentiality of sources.

Even the hardware being used to quash free expression in authoritarian regimes comes from supposed democracies. Journalist Iona Craig, a regular reporter from Yemen, describes the phone tapping and other surveillance methods – using hardware and software bought from the West – that put her and her sources at risk. She and her colleagues now resort to traditional methods of reporting – meeting contacts in person, using pen and paper, to evade surveillance.

Privacy, then, is the natural corollary of freedom of expression. It allows reporters to protect their sources in pursuit of truth and advocacy organisations like ours to protect those whom governments seek to silence. But privacy rights should not trump freedom of expression in such a way that they prevent us coming closer to the truth.

It is for this reason that Index on Censorship opposed the so-called ‘Right to be Forgotten’ ruling that allows ‘private’ individuals the ability to remove links to information they considered irrelevant or outmoded. In theory, this sounds appealing. Which one of us would not want to massage the way in which we are represented to the outside world? Certainly, anyone who has had malicious smears spread about them in false articles, or embarrassing pictures posted of their teenage exploits, or even criminals whose convictions are spent and have the legal right to rehabilitation. In practice, though, the ruling is far too blunt, far too broad brush, and gives far too much power to the search engines.

This handing off of responsibility to internet companies to police and censor content is something we need to be far more alive to.

Increasingly, the protection of the individual, using notions of harm defined by the individual themselves – is used as an argument for censorship. I want to use the remainder of my talk to discuss ways in which this drive to shield from potential and perceived harm, is having an impact, with a particular focus on academia.

It is clear that something is going wrong at universities. Institutions that should be crucibles for new thinking, at the forefront of challenges to established thought and practice, are instead actively shutting down debate, and shying away from intellectual confrontation.

Driven by the notion that students should not be exposed to ideas they find – or might find – offensive or troubling, student groups and authorities are increasingly squeezing out free speech – by banning controversial speakers, denying individuals or groups platforms to speak, and eliminating the possibility of “accidental” exposure to new ideas through devices such as trigger warnings.

In recent years a number of invited speakers have withdrawn from university engagements – or had their invitations rescinded – following protests from students and faculty members. Former US Secretary of State Condoleezza Rice withdrew from a planned address at Rutgers University in New Jersey after opposition from those who cited her involvement in the Iraq war and the Bush administration’s torture of terrorism suspects; Brandeis University in Massachusetts cancelled plans to award an honorary degree to Islam critic Ayaan Hirsi Ali; and Christine Lagarde backed out of a speech at Smith College following objections by students over the acts of the International Monetary Fund, which Lagarde runs. In the UK, the University of East London banned an Islamic preacher for his views on homosexuality.

Registering your objection to something or someone is one thing. Indeed, the ability to do that is fundamental to free expression. Actively seeking to prevent that person from speaking or being heard is quite another. As I alluded to earlier, it is a trend increasingly visible in social media – and its appearance within universities is deeply troubling.

It is seen not just in the way invited speakers are treated, but it stretches to the academic fraternity itself. The University of Illinois at Urbana-Champaign withdrew a job offer to academic Steven Salaita following critical posts he made on Twitter about Israel.

In an open letter, Phyllis Wise, University of Illinois at Urbana-Champaign chancellor, wrote: “A pre-eminent university must always be a home for difficult discussions and for the teaching of diverse ideas… What we cannot and will not tolerate at the University of Illinois are personal and disrespectful words or actions that demean and abuse either viewpoints themselves or those who express them. We have a particular duty to our students to ensure that they live in a community of scholarship that challenges their assumptions about the world but that also respects their rights as individuals.”

These incidents matter because, as education lecturer Joanna Williams wrote in The Telegraph newspaper: “If academic freedom is to be in anyway meaningful it must be about far more than the liberty to be surrounded by an inoffensive and bland consensus. Suppressing rather than confronting controversial arguments prevents criticality and the advance of knowledge, surely the antithesis of what a university should be about?”

Yet, increasingly, universities seem to want to shut down controversy, sheltering behind the dangerous notion that protecting people from anything but the blandest and least contentious ideas is the means to keep them “safe”, rather than encouraging students to have a wide base of knowledge. In the US, some universities are considering advising students that they don’t have to read material they may find upsetting, and if they don’t their course mark would not suffer. The introduction of “trigger warnings” at a number of universities is a serious cause for concern.

In the UK, increasing intolerance for free expression is manifest in the “no platform” movement – which no longer targets speakers or groups that incite violence against others, but a whole host of individuals and organisations that other groups simply find distasteful, or in some way disqualified from speaking on other grounds.

The decision to cancel an abortion debate at Oxford in late 2014, which would have been held between two men – and noted free speech advocates – came after a slew of objections, including a statement from the students’ union that decried the organisers for having the temerity to invite people without uteruses to discuss the issue. More recently, a human rights campaigner was barred from speaking at Warwick University – a decision that was subsequently overturned – after organisers were told she was “highly inflammatory and could incite hatred” and a feminist was banned from speaking at the University of Manchester because her presence was deemed to violate the student union’s “safe space” policy.

Encountering views that make us feel uncomfortable, that challenge our worldview are fundamental to a free society. Universities are places where that encounter should be encouraged and celebrated. They should not be places where ideas are wrapped in cotton wool, where academic freedom comes to mean having a single kind of approved thinking, or where only certain “approved” individuals are allowed to speak on a given topic.

Index on Censorship knows well the importance of the scholar in freedom of expression. Though we have come to be known as Index, the charity itself is officially called Writers and Scholars Educational Trust, an effort to capture as simply as possible the individuals whom we intended to support from the outset. The title was never intended to be exclusive, but the inclusion of “scholar” signals the importance our founders attached to the role of the academic as a defender and promoter of free speech. In 2017, as we watch the spaces for free expression narrow, I hope that together we can work doubly hard to ensure that traditional bastions for free speech — and indeed institutions like the church in which we stand that were not always its greatest advocates — remain arena for the clash of ideas, not the closure of minds.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1508139239119-b59a9835-c70f-3″ taxonomies=”6323″][/vc_column][/vc_row]

Mehmet Altan: The law or law of the enemy?

Mehmet AltanMehmet Altan is an academic economist, journalist, and author of over 25 books. Altan, who is in detention, stands accused of “attempting to overthrow the government” and “attempting to eradicate the parliament” and they face three counts of life sentences without the possibility of parole.

Altan, who testified on 19 September through the judicial teleconferencing system from Silivri Prison, mainly addressed the court. The next hearing in his case will take place on 13 November.

Honourable Judges,

The fact that I was arrested on the basis of a charge that is not described in the Turkish Criminal Code – i.e., is not a crime – and that such a legal scandal was then supported by a Criminal Judgeship of Peace, demonstrate from the outset that my imprisonment for over a year has nothing to do with the law.

My imprisonment pending trial on 22 September 2016 — after 12 days in police custody — based on a sentence in an unfounded, untrue news report published as part of an effort to manipulate
public opinion, and the fact that the Criminal Judge of Peace took that same sentence and made it a ground for ordering my pre-trial detention solidified, confirmed and documented this scandalous
process.

And the indictment that finally came out after eight months of imprisonment is a shameful document, which is, contrary to the clear and explicit decision of the Supreme Court of Appeals’ Assembly of Criminal Chamber, based on “presumption” and built on an unattested, one-sentence claim.

It was not just the fact that the court accepted this indictment that surprised me. It was also the interim ruling of the court issued after I presented my four-hour defence statement at the first hearing, and numerous sloppily written, rubber stamp decisions of the Criminal Judgeships of Peace that are against the Criminal Procedure Law, which have been handed down as a result of reviews of the case to order the continuation of my imprisonment and subsequent similar decisions.

Even though I have personally witnessed and seen that the law is nowhere to be found, I still wish, as if the law still exists, to underline once again a few points involving violations, which are too grave to be acceptable from the viewpoint of the law and of which I was a victim.

I am on trial facing three aggravated life sentences on the charges of attempting to overthrow the government, the constitutional order and Parliament over three sentences written in the indictment in bold capital letters that I uttered during a television program airing every Thursday in which we used to discuss and comment on the major developments of the week as
journalists and political commentators, as part of our freedom of expression. Unbelievable. But unfortunately, this is the case.

The long and poorly constructed sentence at the end of page 189 of the indictment constitutes the basis for the illogical and unlawful narrative of this whole accusation. Looking closely at this sentence, one can instantly see how the law is slaughtered.

I would like to emphasize the following before moving to that sentence: There were three topics for discussion on the television program that aired on 14 July 2016. The first was Meral Akşener’s attempt to convene a congress of the opposition Nationalist Movement Party (MHP) and its likely effects on politics and parliamentary dynamics in the run-up to the 2019 elections; the second one was Law No. 6722 on changes on the Turkish Armed Forces Personnel Law and Some Other Laws that had just been published in the Official Gazette; and, the third topic was Ahmet Altan’s newly published novel on the Committee of Union and Progress era, “Dying is Easier than Loving.”

The law that was published in the Official Gazette that morning gave the military powers that were once provided in the abolished Protocol on Cooperation for Security and Public Order (EMASYA). Discussions during the program focused on the risks that would result from moving away from the constitutional order by creating “fait accompli” situations, within the context of the three said topics.

What is more, the 2019 elections are repeatedly emphasized during discussions in the program. Anyone who takes a look at page 187 of the indictment can and does easily see this.

Again, on page 185, there is this quote: “If 50 AKP deputies say, ‘we are joining Meral Akşener in creating a new political party…’” Where is the “coup” here? What coup?

But the prosecutor reaches unlawful and untrue conclusions from that program that would baffle any jurist, or, honestly, anyone with a decent ability to reason. To be more precise, he thinks he reaches those conclusions. As far as the law is concerned, this is a document that will
go down in history as scandalous.

This is the beginning of that fabulous sentence: “… the coup attempt that they knew about …”

How do we know about the coup? There is no proof, no evidence provided.

In addition, is it a crime to know about a coup attempt? It is not.

The very recent decision of the 16th Criminal Chamber of the Supreme Court of Appeals, handed down in a 15 July coup case, answers this question.

With the Supreme Court’s conclusion stated in the decision with register number 2017/1443 and judgment number 2017/4758 that: “Knowledge that an act is to be committed has no bearing on participation… The doctrine endorses the same view. The subject’s knowledge about the act is not sufficient to conclude presence of the will to participate. At the most,
offences in relation to liability stemming from not reporting what he/she knows or participation in preparatory acts may transpire,” the poor, unsubstantiated, feeble indictment has entirely collapsed.

Because the starting point of the indictment is that, based on discussions during the television program, we knew about the coup beforehand. According to the prosecutor, if we say there could be a coup, then we must have jointly participated in the coup attempt with the putschists. Because how else can we say there might be a coup?

So, an academic for 40 years, a writer and a journalist who has been writing about the coups since 1990 cannot anticipate or foresee that there would be severe consequences for abandoning the law, right? Assuming that decision of the Supreme Court of Appeals 16th Criminal Chamber is also ignored, just like the law has been, why is [columnist] Fuat Uğur, who insistently wrote way before the coup attempt on 2 April 2016 that a coup was to take place, not subject to any investigation, if it is a crime to know about the coup beforehand?

Why does the prosecutor not prove that “we knew about the coup,” by offering concrete evidence or documents? He cannot, because it does not exist. The claim that we were talking about the coming coup attempt is nothing but a big lie, an effort to create a false public perception about us.

The falsehood that “they knew about the coup” is a flawed, invalid, shaky ground on which the prosecutor attempts to build the whole narrative and unlawfulness of the indictment.

Can people be oppressed and their lives be messed around with by throwing around presumptive guesses, lying, making up accusations? Of course not.

The Supreme Court of Appeals’ Assembly of Criminal Chamber decision dated 19 April 1993 states that “reaching a conclusion on the basis of assumptions, estimates is certainly against the purpose of criminal procedure.”

Is the case law of the supreme courts binding on the judicial system or not?

I wish to believe that it is.

The prosecutor’s opinionated sentences continue: “That there is a system of political and societal chaos which allegedly constituted the reason for the act of the perpetrators who participated through use of violence…”

Let’s stop here for a minute. The opposite is stated in discussions during the program. The discussions are out there for everyone to see and hear. It is stated persistently and repeatedly that creating “fait accompli” situations and departures from fundamental principles of the rule of law, as in the case of EMASYA, would disrupt the legitimate order and the
politicians are warned along these lines.

Let me cite the following remarks I made during the program so as to prove my point more clearly: “…believing that you will take over a state by committing a crime with a mentality not abiding by the law… If that state is going to continue to exist, then this is recklessness… Because when you want to take over the state, you want to destroy a metabolism. And that metabolism has its own [defensive] reflex… You cannot destroy these. If you do, then the state and society would be destroyed in the process, too.”

How can such an empathic rejection of both military and civilian putschism be seen as putschism?

It is very difficult, even in circumstances where there is a strong malicious intent and even for people who are not bound by the law, to make such a claim.

I would like to ask you, too, Honourable Panel, isn’t that so? And I get to the last part of that long, incomprehensible sentence: “… it has been understood that they are principal perpetrators of the acts of rebellion committed with the aim of creating such an atmosphere in line with goals of the organization, that they participated through speech and propaganda, which are the precursor and an inseparable part of the term “use of force” that is the sub-element of the element of the movement.”

Excuse me, but I’d like to say “well, well, well.”

Getting to putschism involving “use of force” from “exercise of freedom of expression” during a television program could be quite challenging even for skilful and talented magicians. And yet, it comes true in our indictment.

But I would like to continue this sad comedy from the legal perspective. The only way to victimize people with disliked opinions and critical views as “terrorism suspects” is this art of magic. Because the prosecutor concludes this unsubstantiated, unlawful and strange scenario with a demand for my punishment under articles 309, 311 and 312 of the Turkish Criminal Code (TCK).

And what are these articles about?

Attempting to overthrow the constitutional order, Parliament, and the government “by the use of force and violence.”

Yes, “by the use of force and violence.” The law clearly and undisputedly requires the condition of the use of force and violence, leaving no room for any interpretation or legal maneuvering.

Is that all?

It also requires an “attempt” having been made.

Being charged with offences stipulated in articles 309, 311 and 312 requires “the use of force and violence” and “making an attempt.” The law does not talk about television programs.

Where is the use of force?

Where is the use of violence?

Where is the attempt?

Isn’t this an extremely exaggerated, extremely unlawful and even extremely ill-considered situation?

What is more, the term “threat” that existed in the earlier version of the articles 309, 311 and 312 was replaced with “violence” in 2007 “in order to emphasize more clearly that the exercise of constitutionally protected rights of freedom of expression and freedom of assembly cannot be deemed to be acts in violation of the Constitution and to remove any doubts that could arise in that regard.”

The proposal for the amendment was tabled by then Justice Minister Cemil Çiçek, while it was enacted by across-the-board support from the AKP and the CHP.

And the part in quotations is from the justification of the proposed amendment. Then how is it that I have been unbelievably deprived of my liberty for over a year?

The indictment in a case involving the raid by putschists on the Istanbul Greater Municipality, use of weapons and people being martyred has also been accepted by your court. Don’t you think it is odd that armed putschists standing trial in a case involving the murdering of people — those who “take lives” — and I are accused of the same crime?

That “the use of force and violence” is an element of the crime of putschism is stated once again in the very recent decision of the Supreme Court of Appeals’ 16th Criminal Chamber, in addition to the already very clear articles of the TCK.

Isn’t the meaning sufficiently clear when the decision states, “It is obvious that what is meant by the use of force as required by the law is [the use of] physical/material force”?

Isn’t this clear enough when it says, “In terms of the referenced law, the term immaterial force is a legacy of Fascism, and, in terms of the Turkish Criminal Justice, it is a legacy of the Supreme Council of Justice, which was established in the aftermath of the 27 May 1960 coup for the purpose of putting those who were in power on trial and was looking for excuses to try members of the legitimate political government”?

Isn’t the following conclusion clear enough? “In this respect, protection of the state’s existence from dangers and physical hostile movements is required by a necessity and the element of the government, which gives the state its state qualities, constitutes the most important portion of this protection. But in democracies, this protection never allows punishment of opinions.”

As a person who was made a putschist over two columns and a television speech and whose liberty has been seized for more than a year, I would like to ask the panel of judges trying me; I know you will object, but it’s my right to ask:

Are the laws and the case law of supreme courts, which set out a oadmap for 15 July coup offences, binding or not?

If they are, then you have to give my freedom back to me at once. The decision is up to you, esteemed panel. The decision will be yours. The elements of “hierarchical loyalty and a chain of command within an organizational structure” are lacking, and no one can even claim
they exist. There is no evidence, but there is a fantastical assumption, a fictitious narrative, and the coup charges.

Besides, it is also beyond comprehension that, while all these legal facts are out there, I am being associated under Article 314/2 of the TCK with a terrorist organization which seeks to establish a theocratic state, with which I have no “unity in terms of actions and opinions,” and of which I am not a member, based on my televised comments.

While it is evident that the “element of continuity” is lacking, and this is stated even in the indictment, how can TCK articles 220/6 and 314 and, from there, 309, 311 and 312 be applied? Is this legally possible? I would have wished that these were acknowledged and fixed during the process by which the court accepted the indictment or by the esteemed prosecutor at the courtroom during the first hearing.

But the interim ruling dated June 23 and the monthly reviews of detention have produced the opposite of what I had expected.

Wouldn’t it be more fair to examine whether or not “aggravated life sentence,” which requires the presence of “the use of force and violence” and “physical attempt,” can be sought for three short sentences that have been uttered during a television program and do not constitute a crime, instead of the cliché excuses that we now have memorized, such as: “The quality and nature of the attributed offences”

“That the offences attributed to the suspects are deemed to be the ground for incarceration…”

“That the crimes attributed are among the catalogue crimes stipulated in Article 100/3-a.11…”

“That the lower and upper limits of punishment envisaged by the law for the crime attributed to the suspects raise the suspicion that they might
flee…”?

Provided that the law does exist, isn’t it too risky that a person is deprived of his or her liberty with such ease, while all the laws are out there and the views of legal authorities and justifications for the laws are that clear?

Besides, who will be responsible for unpleasant, irremediable consequences, say, about health, that could arise after a summer spent in prison since 23 June?

Will it be those members of the judiciary who levelled charges of perpetrating a coup by “using force and violence” out of comments made during a television program and those who remained silent in the face of it?

Will it be those who destroy the law by spreading fear?

Who?

Esteemed panel, I would also like to briefly touch upon two points that have been persistently stated in the interim ruling and in decisions
handed down after regular reviews of the case file. One of them is the claim that “tangible evidence indicating strong suspicion that the crime has been committed” exists. The second one is “suspicion that the suspects might flee.”

Esteemed judges,

At first, I, as a person who was imprisoned and now faces three aggravated life sentences because of a few sentences uttered during a television program, got very curious about what those pieces of “tangible evidence” might be when I saw the phrase, which has been written on identical documents and is responsible for my continued incarceration for over a year and for which no legal explanation has been offered, on the Court’s interim ruling and the subsequent decisions issued after regular monthly reviews.

Still, I would like to respond to, and, in the meantime, briefly recall and refute once again, the “allegations,” which are presented as “evidence”
in the indictment and none of which constitutes a crime.

The 247-page indictment devotes two pages to me, one of which consists of an article of mine.

The lie included in Nurettin Veren’s statement dated 24 October 2016 and cited on page 215 of the indictment that I had “frequent” contacts with Fethullah Gülen via Alaeddin Kaya is refuted a few pages back, to be more precise, three pages back, on page 212, by the prosecutor himself.
That I met with Alaeddin Kaya only once, on 28 September 2008, is indicated on a diagram included in the indictment. This tangible evidence also shows how reliable the witness, Nurettin Veren, is.

Besides, Alaeddin Kaya states that at that time he was the owner of Star daily newspaper, of which I was then the chief columnist, and 24 TV. The claim about the six one-dollar bills found in my home similarly becomes meaningless within the same sentence that lays out the claim.

The indictment emphasized that five one-dollar bills were found in the drawer of the desk in my study together with other foreign bills that I
used during my travels.

There is a vain effort to attribute significance to a torn, out-of-circulation one-dollar bill of F-series, forgotten from past travels in a worn-out
women’s wallet inside a wardrobe in the hallway, as you can also see here today. But this is what this indictment is about anyway.

The bill was not kept in a separate, special place; it is obvious that it is nothing but old, torn and phased-out leftover currency, like the other foreign changes found in my room.

In addition, this effort to incriminate me and to create misperceptions is also debunked in previous pages of the indictment itself.

First, why and for what purpose would I keep the F-series one-dollar bill, given that I am not a member of the organization? What would its meaning be?

Honestly, shouldn’t an indictment be more serious?

Secondly, keeping a one-dollar bill had become more dangerous that keeping a murder weapon in the aftermath of the 15 July coup attempt. Why would I keep my one-dollar bills if I had anything to hide? I have explained these at length in my defence statement.

In fact, looking at the indictment’s own assessments, the inclusion of this one-dollar bill claim as if it has a significance looks pointless as well. Because, according to the indictment’s own account, F-series one-dollar bills are handed to FETÖ member students.

So, isn’t it an exercise in futility to talk of a torn one-dollar bill leftover from an old trip as evidence despite this assessment?

The most unpleasant thing about being wronged is having to respond to irrelevant, meaningless, insignificant accusations that do not constitute a crime.

I will file a complaint over this one-dollar bill. This torn, out-of-circulation banknote leftover from a past trip has been disclosed to the media in violation of the principle of the confidentiality of investigation.

In addition, a video record of it was made with a police officer covering the rip by placing his finger on it.

I would like to file a complaint on this matter.

Is the purpose to find the truth, to manipulate public perceptions about those who hold critical views, or to hurt the reputation of people by disseminating dubious news about them?

Esteemed Court,

A third allegation concerns the fact that I was not subject to any criminal investigation even though I gave a conference at AKABE Education and Cultural Centre.

Have you seen an accusation like this before?

But I still would like to expose its senselessness by responding to it, just like all the other irrational, senseless and unlawful allegations. I have learnt that the AKABE Foundation had a rivalry, if not outright hostility, with the Gülen Movement thanks to this “allegation” in the indictment.

Therefore, the fact that I gave the said conference there is enough on its own to prove that I am an autonomous, independent intellectual. But I will not make do with this. The judges who oversaw the Quds Army Terrorist Organization case are the same judges who authorized the unlawful tapping of my phone. I sued them and this is all in the file. I then saw that they were put on trial on FETÖ charges.

The fourth allegation stems from an article that I wrote seven years ago, entitled “The Meaning of Sledgehammer.” The article emphasizes the significance of democracy and the rule of law. It has never been subject to any criminal investigation.

Besides, the Sledgehammer case is still ongoing. The indictment itself states this.

Prime Minister Binali Yıldırım talks about the Sledgehammer case at every opportunity as well. I am ready to send the prime minister’s most recent statement on this matter to the prosecutor who drafted the indictment.

A fifth matter concerns another article that I wrote on 20 July 2016. I have explained in my defence statement how the article was validated in many respects. And, again, there has been no criminal investigation into this article either.

That opinions, views and articles are being used to prop up criminal charges and presented as terrorism activities is saddening for Turkey.

It also demonstrates the true nature of the current period.

Oppressing intellectuals and presenting these people as terrorists and putschists in order to destroy freedom of expression and freedom of thought are shameful endeavours that will benefit no one.

Lastly, Historical Traffic Search (HTS) records have been used to support the accusations in the indictment.

Throughout the nine-year period between 26 July 2006 and 16 December 2015, records of phone communication with nine people selected out of thousands of conversations are presented as evidence of crime, disregarding the constitutional right to communicate.

Despite this, I would like to respond to this allegation, too, and show once again how hollow the indictment with which I have been deprived of my liberty is.

I would like to state that I twice texted one of these nine people (Halit Esender) in 2009, that I called another one (Muhammet Günay) once in 2010, and that I called a third one (Ali Bayram) three times in the years 2010 and 2012.

A fourth person (Hidayet Karaca) called me twice in 2009. The fifth one (Önder Aytaç) sent texts to notify me about the articles he wrote. When he stopped writing, he stopped texting as well after 2008.

The sixth (Alaeddin Kaya) called twice, in 2008 and 2009. The seventh (Cemal Uşak) called seven times in nine years. The date of the last recorded call is November 2013.

There are more calls and texts with the eighth and ninth people (Harun Tokalı and Mustafa Yeşil).

The last incoming call recorded took place in 28 January 2014. From then on, there has been no record of phone communication.

How can the prosecutor who drafted the indictment allege presence of “links with the putschists” based on legal phone conversations the most recent of which was made 2.5 years before the 15 July 2016 coup attempt? How can the courts take such illogical accounts seriously and how can I be in jail for over a year thanks to these incongruities?

Let me add this, too: All of these people were media executives working for legitimate institutions operating under legal supervision of the State of the Republic of Turkey. In addition, they were not subject to any criminal investigation during this period of infrequent phone contacts; on the contrary, they were quite respected, especially in government circles.

I would like to ask: is this the “tangible evidence” deemed to be the grounds for keeping me in prison?

Esteemed Court,

Finally, there is the following phrase included almost at will in every official document issued since I was first arrested by the police and used by the Court as well in its interim ruling and reviews of the case file: “That the lower and upper limits of punishment envisaged by the law for the crime attributed to the suspects raise the suspicion that they might flee.”

It seems the only reason for levelling unsubstantiated coup charges based on remarks made during a routine television program on political developments of the week, demanding aggravated life sentences under articles 309, 311 and 312 and invoking Article 220/6 is to keep us in prison, citing the risk we might flee given the “definition of the crime”.

Otherwise, how can an indictment which demonstrates no “continuity,” no “unity of opinion and action”, no “hierarchical loyalty”, no “chain of command within an organizational structure”, and which makes no attempt to substantiate its claims of the presence of these elements, level such charges?

Repeated references to “flight risk” as if there were a serious legal account, evidence and proof, and even though we are faced with an indictment that is legally scandalous, might be understandable as a part of the whole process that is transpiring; but aren’t they too incomprehensible for a serious trial?

Besides, as I have stated in my first defence statement, my arrest, pre-trial detention and imprisonment for more than a year now have happened after signals from non-judicial circles.

For instance, that I would be arrested was first reported on a Twitter account called “Başkentçi” on 17 July 2016.

I have never been involved in an illegitimate endeavour throughout my life. I would not even lift a finger, let alone flee.

As a victim of this process, I, too, have had my share of this unlawfulness because I am defending democracy.

I demand that the Court take action — file a complaint, at least — in order to expose the extra-judicial intervention targeting me and to find the people behind it by identifying the user of Başkentçi account and this report.

The same demand applies for the false story aimed at manipulating public perception that was published in Sabah daily newspaper on 23 August and alleged that we “talked about the coup attempt”.

This unfounded report, and the will behind it that wants to punish us, are still out there.

What is more, the Criminal Judge of Peace has ordered my imprisonment pending trial on the basis of a sentence in that report. The magnitude of the scandal that we went through becomes clearer as time passes.

Honourable Judges,

Lastly, I would like to remind you that many defendants facing charges similar to mine are being tried without being imprisoned, while some others have been released awaiting trial.

Do we, then, have an arbitrary situation?

If the purpose is to oppress, this is outside the law and there is nothing I would say.

But I still want to keep my faith in courts, the judiciary and the judicial bureaucracy.

I want to believe that they are fair, impartial, independent, objective and that they stand by the law.

The rest is up to those who sign decisions.