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The spring 2018 issue The Abuse of History focuses on governments and powers alike manipulating history across the globe.
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[streamquiz id=”1″] Click on the square button.[/vc_column_text][vc_separator][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”The Abuse of History” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2017%2F12%2Fwhat-price-protest%2F|||”][vc_column_text]The spring 2018 issue of Index on Censorship magazine takes a special look at how governments and other powers across the globe are manipulating history for their own ends
With: Simon Callow, David Anderson, Omar Mohammed [/vc_column_text][/vc_column][vc_column width=”1/3″][vc_single_image image=”99085″ img_size=”medium” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/12/what-price-protest/”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1481888488328{padding-bottom: 50px !important;}”][vc_custom_heading text=”Subscribe” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fsubscribe%2F|||”][vc_column_text]In print, online. In your mailbox, on your iPad.
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[vc_row][vc_column][vc_custom_heading text=”With contributions from Omar Mohammed, Mahvash Sabet, Simon Callow and Lucy Worsley, as well as interviews with Neil Oliver, Barry Humphries and Abbad Yahya”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
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[/vc_column_text][/vc_column][vc_column][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special report: The abuse of history “][vc_column_text]
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[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In focus”][vc_column_text]
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[/vc_column_text][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”The Abuse of History” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2017%2F12%2Fwhat-price-protest%2F%20|||”][vc_column_text]The spring 2018 issue of Index on Censorship magazine takes a special look at how governments and other powers across the globe are manipulating history for their own ends
With: Simon Callow, Louisa Lim, Omar Mohammed [/vc_column_text][/vc_column][vc_column width=”1/3″][vc_single_image image=”99222″ img_size=”medium” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/12/what-price-protest/”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1481888488328{padding-bottom: 50px !important;}”][vc_custom_heading text=”Subscribe” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fsubscribe%2F|||”][vc_column_text]In print, online. In your mailbox, on your iPad.
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[vc_row][vc_column][vc_column_text]The undersigned international press freedom groups call on Turkish authorities to immediately release the 12 printworkers and staff arrested on 28 March at the premises and print works of the newspaper Özgürlükçü Demokrasi and the further 15 staff taken into custody after home raids on the morning of 29 March 2018. Authorities must also restore control over the paper and its premises to the rightful owners.
The below-named organizations also denounce the fact that lawyers acting for those arrested have been denied contact with prosecutors or access to any written documentation in relation to the raids.
Two officials purporting to be from the Savings Deposit Insurance Fund (TMSF) are in place at the print works and premises of Özgürlükçü Demokrasi, a pro-Kurdish daily, and claim to be holding the sites until they receive further instructions. For its part, the TMSF, now part of the Ministry of Finance’s Directorate of National Estates and formerly an independent banking watchdog under the auspices of the Central Bank of the Republic of Turkey, has denied having received instructions to seize the newspaper’s assets.
According to lawyers acting for the detained printworkers and Özgürlükçü Demokrasi’s principal signatory İhsan Yaşar and Kasım Zengin the owner of Gün Printing Advertising Film and Publishing Inc, where the newspaper is printed, a press crimes investigation into the paper was opened on February 7. This was followed by a separate counter-terrorism investigation that began on March 23. It is believed that both investigations, of which no written notification has been made to the paper, are in relation to Özgürlükçü Demokrasi’s coverage of Turkey’s incursion into Afrin, northern Syria.
As the sole remaining Kurdish daily newspaper in Istanbul, Özgürlükçü Demokrasi is vital in maintaining the extremely fragile access to information that is not controlled by the state. Following the closure of other pro-Kurdish newspapers and television stations such as Azadiya Welat, IMC TV and Hayatın Sesi in 2016, Özgürlükçü Demokrasi is one of the last sources of pro-Kurdish daily printed news in Turkey.
“The Turkish authorities must halt their sustained repression of Kurdish culture and language. We are highly alarmed by the onslaught on Kurdish and pro-Kurdish media outlets and journalists that has intensified dramatically since the crackdown on freedom of expression since the attempted coup of July 2016, and now reached a new low point with this takeover of Özgürlükçü Demokrasi,” said Carles Torner, Executive Director of Pen International.
We, the signatories of this statement, strongly condemn the takeover of Özgürlükçü Demokrasi, which has taken place without any legal justification or documentation. We reject the denial of information and prosecutorial access to lawyers acting for Özgürlükçü Demokrasi’s arrested staff members.
“The government’s takeover of Özgürlükçü Demokrasi is extremely concerning,” said Joy Hyvarinen, head of advocacy at Index on Censorship, “We urge European and other governments to condemn the obliteration of free media in Turkey.”
We call for the release of the arrested staff members and printworkers and official confirmation from the TMSF of the legal status of the alleged acquisition of Engin Publishing Print Inc. — and the Gün Printing Advertising Film and Publishing Inc.
Katie Morris, Head of Europe and Central Asia Programme at Article 19 said: “The takeover of Özgürlükçü Demokrasi restricts the space for freedom of expression even further in Turkey and curtails the right of the public to access information on issues of public interest, particularly in relation to the on-going conflict in the South East of the country. We call for the authorities to cease harassing this newspaper and restore much-needed media freedom in Turkey.”
The takeover of one of the last remaining opposition newspapers follows the acquisition last week of Turkey’s largest media organization and newspaper distributor, Doğan Group, by Turkish conglomerate Demirören, whose media outlets are known for taking a pro-government stance. In the week prior to the purchase, an internet streaming bill was passed granting the Radio and Television Supreme Council (RTÜK) sweeping powers to monitor, license and block online streaming channels and news providers.
“This latest act against freedom press confirms that Erdogan wants to repress any free voice in Turkey. A firm position in Europe is needed to make pressure the Turkish government to restore the rule of law as soon as possible with the cessation of the state of emergency,” said Antonella Napoli member of Articolo 21 and coordinator of Free Turkey Media in Italy.
International Press Institute (IPI)’s Turkey Advocacy Coordinator Caroline Stockford said, “IPI strongly condemns yesterday’s raid and the government’s tactic of shutting down Özgürlükçü Demokrasi in an apparently illegal manner in order to silence dissenting voices in the run-up to the presidential elections. Despite the opportunity presenting itself at this week’s Varna summit, Europe failed again to strongly condemn Turkey’s repression of free media and free speech.”
The peoples of Turkey have a right to access informative opposition reporting in order to form a balanced opinion, especially in the lead up to an election. We call on Turkey to respect the human right to freedom of expression and to refrain from its practice of stifling all opposition media and to release the Özgürlükçü Demokrasi workers from detention.
We, the undersigned, call on European newspapers and governments to make clear statements to Turkey that access to balanced, critical reporting is essential to democracy and that the freedom of the press must be respected and maintained.
International Press Institute (IPI)
Pen International
European Centre for Press and Media Freedom (ECPMF)
The European Federation of Journalists (EFJ)
Association of European Journalists (AEJ)
Reporters Sans Frontières (RSF)
Article 19
Norwegian Pen
Index on Censorship
English Pen
Articolo 21
Committee to Protect Journalists (CPJ)
Pen Belgium/Flanders
Wales Pen Cymru
Pen Germany
Pen Club Français
Pen Suisse Romand[/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:1522334755757-294591af-d9eb-2″ taxonomies=”1743″][/vc_column][/vc_row]
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Şahin Alpay and Mehmet Altan
Turkey should immediately implement the judgments of the European Court of Human Rights (ECtHR) and release the veteran journalists Mehmet Altan and Şahin Alpay without delay, a coalition of nongovernmental groups said on 23 March 2018. Furthermore, Turkey must ensure that domestic remedies for human rights violations are effective, in particular by ensuring the urgent review of all cases of journalists and writers currently pending before its Constitutional Court.
The organizations, which had intervened as third parties in the cases before the court, included PEN International, ARTICLE 19, Committee to Protect Journalists, European Centre for Press and Media Freedom, European Federation of Journalists, Human Rights Watch, Index on Censorship, International Press Institute, International Senior Lawyers Project and Reporters Without Borders. The coalition welcomed the judgments announced on March 20, 2018. The rulings are the first by the court in the cases of journalists arrested and detained on charges in relation to the failed 2016 coup attempt in Turkey. They set an important precedent for the other cases of 154 detained journalists in Turkey.
“The Turkish government must take action to implement the European Court of Human Rights’ judgement. The ongoing trials are a serious breach of human rights and freedom of expression by the government. Turkey must cease its judicial harassment of journalists, academics and lawyers,” said Joy Hyvarinen, head of advocacy of Index on Censorship said.
In its two judgments, the European Court found violations of Article 10 of the European Convention on Human Rights, which protects the right to freedom of expression. The court made clear that criticism of governments should not attract criminal charges since, in addition to pre-trial detention, this would inevitably have a chilling effect on freedom of expression and would silence dissenting voices.
“We welcome these rulings, in particular the European Court’s recognition that a state of emergency must not be abused as a pretext for limiting freedom of expression,” said Carles Torner, executive director of PEN International.
While acknowledging the threat posed to Turkey by the attempted coup, the court crucially noted that “the existence of a ‘public emergency threatening the life of the nation’ must not serve as a pretext for limiting freedom of political debate, which is at the very core of the concept of a democratic society.”
The European Court has also found that the journalists’ detention was unlawful under the right to liberty protected by Article 5 (1) of the European Convention. The European Court endorsed the January 2018 ruling of Turkey’s Constitutional Court, which held that there was not sufficient evidence to keep the defendants in detention and ordered their release.
The judgment further sharply criticized the lower courts for refusing to carry out the Constitutional Court’s decision. In particular, the applicants’ continued pre-trial detention raised serious doubts as to the ability of the domestic legal system in providing an effective remedy for human rights violations, stating: “For another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications runs counter to the fundamental principles of the rule of law and legal certainty.”
“We welcome the court’s finding that the right to liberty of the applicants was violated,” said Caroline Stockford, Turkey Advocacy Coordinator for the International Press Institute. “The Court rightly criticised the refusal by the lower domestic courts to implement the Turkish Constitutional Court’s decisions and to release Mehmet Altan and Şahin Alpay.”
The European Court decided not to examine the applicants’ complaint that the detention of the applicants was politically motivated, under Article 18 of the convention.
“In deciding not to rule on Article 18, the European Court dodges an important question at the core of this litigation, which is whether Turkey’s prosecutions of journalists just for doing their work is part of a larger campaign to crack down on independent journalism?”, said Torner.
“The decision stated that ‘the investigating authorities had been unable to demonstrate any factual basis’that indicate that both journalists had committed the offenses with which he was charged’. The Court repeats what we have been saying with our affiliates for years to Turkish authorities that journalism is not a crime and journalists, like writers or academicians in the country, must not be prosecuted for their work or opinions,” said Ricardo Gutiérrez, EFJ General Secretary.
What the judgments mean for other cases
The judgments contain some important statements of principle on unlawful detention and freedom of expression. In particular, the European Court emphasised that it is not permissible to prosecute individuals on the basis of expression that is critical of the government.
However, in practice, the judgments also imply that the European Court will wait for the Constitutional Court to rule on the other pending cases of Turkish journalists before proceeding to its own review. This is because the European Court still considers the Constitutional Court an effective remedy in general.
Although the European Court was prepared to accept the length of time the Constitutional Court took to review these cases, the judgment is effectively putting the Constitutional Court on notice, saying that it will keep the situation under review and that it cannot continue taking this long to decide on cases.
The coalition repeats its call for the immediate implementation of these two judgments and for the release of Mehmet Altan from prison and Şahin Alpay from house arrest.
“These judgments are an important affirmation of the right to free expression and clearly state that the state of emergency is not a good enough reason to hold journalists and writers in detention for what they say,” said Gabrielle Guillemin, Senior Legal Officer at ARTICLE 19. “The Turkish authorities must now immediately release them both and the Turkish courts should apply these principles to the many other cases of detained journalists in Turkey,” she added.
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