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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Ahmet Altan: I am not your defendant

[vc_row][vc_column][vc_column_text]Journalist Ahmet AltanAhmet Altan is one of over 150 journalists who is in detention in Turkey. Altan 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 presiding judge. The next hearing in his case will take place on 13 November.

The belief that makes people gather around a religion is rooted in their trust in the honesty of God.

God cannot tell lies.

Lying would deprive God of his divinity.

In ancient times, even a pagan tribe that worshipped a pear tree believed in the tree’s honesty; that it would bear the promised fruit at the promised time.

Ever since people were created they have gathered around authority, worshipped it and entrusted themselves to it.

People who don’t trust each other, who divide into groups, tribes, and clans, can only come together around an authority which they trust to be honest.

In the same way that a person needs an honest authority in order to become religious, there is need for an honest authority in order for millions of people to become a nation and establish a state.

The honest authority which enables the millions to turn into a nation and establish a state is not one of politicians, soldiers, executives, or political parties.

That honest authority, that great source of trust, resides in the judges.

The magical link that turns millions of dispersed pearls into a necklace is the honesty of those judges.

Without judges, there cannot be a nation. Without judges, there cannot be a state.

What makes a nation and what makes a state is its judges.

In the same way that removing the oxygen atom from a water molecule turns the very source of life into one of death, removing the judges from the state turns it into an armed gang.

If there are no judges then there is no state.

When you remove the oxygen atom from a water molecule it no longer qualifies as water. Similarly, when you remove the judges from the state, the state no longer qualifies as a state.

What distinguishes a state from an armed gang is the presence of judges.

Well, then what makes this ever so vitally important judge a judge?

It is not his or her diploma, his or her cloak, his or her podium.

What makes a judge a judge is their possession of an almost godly honesty and the people’s undoubting belief in that honesty.

In the same way that there cannot be a lying God there cannot be a lying judge.

A judge would lose their qualification as judge the moment they were to lie in court.

If a state were to allow a judge who no longer qualifies as a judge to continue, that state would no longer qualify as a state.

A judge demolishes the state as they demolish their qualification as a judge by lying in court.

A year ago, Mehmet Altan and I were arrested on the charges of “giving subliminal messages to the putschists.”

Later on, this ridiculous allegation disappeared and we were sent to prison on the charges of staging the coup on 15 July and attempting to overthrow the government with weapons.

We are said to have staged an armed coup d’état.

This is the crime we are charged with.

This is a case in which the absurdity of the allegation overwhelms even the gravity of the charges.

Now, I’ll say something loud and clear to this court, to this country and to those around the world who have taken an interest in this trial:

Show us even a single piece of concrete evidence of the strange allegations against us, and I will not defend myself anymore. Even if I am sentenced to the gravest penalty I will not appeal the ruling.

I am saying this loud and clear.

Show me a single piece of evidence and I will waive my right to appeal.

I will submit to spending the rest of my life in a prison cell.

During this past year, which we spent in prison, a judge ruled each month for the continuation of our imprisonment by claiming that “there was solid evidence” against us.

In the previous hearing, you, too, said there was “concrete evidence” against us.

Now, for you to be able to preserve your integrity and your qualification as a judge and for the state to be able to preserve its qualification as a state, you need to show us what those pieces of “solid evidence” are.

Since you declared with such ease that there was solid evidence, that evidence needs to be in our case files.

Come on, show that solid evidence to us and to the rest of the world – the evidence which proves that we staged a coup on 15 July.

You won’t be able to show it.

Both you and I know that there is no such evidence.

Because these allegations are utter lies.

Go ahead, disprove what I have been saying, pull out that piece of evidence and show it to us.

There are some difficult aspects to arresting people on nonsensical allegations, Your Honour, and now you are confronted with those difficulties.

Either you will end this nonsense by saying “there is no solid evidence” or you will show us some “solid evidence.”

Or, you will insist on saying “there is solid evidence” while there is no solid evidence and thus lose your integrity and your qualification as a judge?

And with you, the state will lose its qualification as a state.

Thereby we will cease to be defendants.

We will become hostages of the judges, who have lied and therefore lost their qualification as judges, and to an armed gang, which has lost its qualification as a state.

Because in a real state with real judges there can be no allegation without evidence, there can be no trial without evidence, there can be no arrest without evidence.

Because a state, if it is to be a state, needs evidence to put a person on trial.

Only armed despots lock people away without evidence.

If you continue trying and incarcerating us without evidence you will demolish the judiciary and the state.

You will be committing a serious crime.

Turkey will turn into a jungle of thuggery and despotism, where the guilty try the innocent.

Now, you need to decide whether you are an honest judge or a criminal.

If you accept an indictment that makes such absurd allegations and declare “there is solid evidence” while there isn’t even a single piece of evidence, you’ll discover life’s capriciousness and will put yourself on trial while thinking you are trying us.

I wait for your decision.

As an aged writer, one much more experienced than you are, my advice to you is to save yourself, save your profession, and save your state.[/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:1507033820060-8b45a65c-3de0-8″ taxonomies=”8607″][/vc_column][/vc_row]

Mapping Media Freedom: Turkey continues to use judicial harassment as a means to silence journalists

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Brothers Ahmet Altan and Mehmet Altan

Brothers Ahmet Altan and Mehmet Altan. Credit: CEFTUS


Throughout June, Index on Censorship’s Mapping Media Freedom project has recorded a number of violations in Turkey, which is now the 
biggest jailer of journalists in the world.

Turkish journalists charged with sending “subliminal messages”

The first hearing of the ongoing trial of Turkish journalists for involvement in last year’s coup took place on Monday 19 June. Political commentators and brothers Ahmet Altan and Mehmet Altan are accused of offences against Turkish President Recep Tayyip Erdogan and the Turkish government including “attempting to overthrow the Government of Turkey” and using “subliminal messaging” to encourage the coup.

The Altan brothers have been in pretrial detention for 11 months. Ahmet is a well-known journalist in Turkey and has worked as a reporter and editor at several newspapers. He has previously been charged with “denigrating Turkishness” after writing about the Armenian genocide. Mehmet is a professor at Istanbul University who has called on Turkey to improve its human rights record.

The hearing was delayed, and the judge spent several hours reading a long summary of the indictment, according to Index’s head of advocacy Melody Patry, who formed part of an international delegation of observers to the trial.

In his defence statement, Ahmet called the indictment against him “untruthful and nonsensical”. He described the charges and refuted them, explaining his lack of connection to instigating the coup. “I take you through all these things in such detail because I want everyone to see the recklessness with which this prosecutor and his like have darkened people’s lives, how they have abused their power,” he said. “I want all this to be documented for the day the law wakes up.”

Ahmet quoted portions of the indictment against him, including an excerpt in which he questioned the case of Can Dundar, another Turkish journalist who was convicted of espionage for publishing evidence of Turkey sending arms to Syria. Ahmet maintains that Turkish people had a right to know about these events. “Perhaps the prosecutor is giving a not at all ‘subliminal’ message to Turkey that whoever defends the rule of law will be thrown in jail,” he said.

According to Patry, this case is significant because of the potential three life sentences the journalists face as the first instance of journalists prosecuted for being complicit in the coup.

Former bureau chief of shuttered news agency held by police

On 1 June, Turkish police detained eight people for using the chat software ByLock, the software the authorities in Turkey suspect was used by the group that plotted the 15 July coup attempt.

Former regional bureau chief of the Cihan news agency, referred to only as KA in news reports, was among those arrested.

Journalist arrested for failure to publish correction

İlker Yücel, the editor-in-chief of Aydınlık newspaper, was taken into custody and arrested on 2 June. The arrest was related to a 2014 story in Aydınlık which was found insulting to Berat Albayrak, Turkey’s Energy Minister and the son-in-law of President Recep Tayyip Erdoğan. The newspaper failed to print a correction or pay a TL 100,000 fine,

He was released on 4 June.

Prosecutor demands two life sentences for 13 journalists in attempted coup trial

A court received an indictment for two consecutive life sentences without the possibility of parole for 13 journalists on 6 June. The charge from Istanbul’s Chief Prosecutor lists Gökçe Fırat Çulhaoğlu, Yakup Çetin, Bünyamin Köseli, Cihan Acar, Abdullah Kılıç, Oğuz Usluer, Atilla Taş, Hüseyin Aydın, Murat Aksoy, Mustafa Erkan, Seyit Kılıç, Yetkin Yıldız and Ali Akkuş as suspects.  

The 13 journalists are charged with “attempting to overthrow the constitutional order” and “attempting to overthrow the government of the Republic of Turkey,” in connection with the 15 July coup attempt. They previously stood trial for “membership of a terrorist organisation” but were released 31 March. All but one of them were rearrested on the new charges.

Evrensel executives convicted for “insult” crime

The managing editor of the newspaper Evrensel, Çağrı Sarı, and former copyrights owner of the newspaper Arif Koşar each received five-month prison sentences on 6 June. They were convicted of “Denigrating the Turkish Nation, the State of the Republic of Turkey, the Agencies and Institutions of the State.” The charges were regarding a story published in Evrensel on Nusaybin.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”91878″][/vc_column][/vc_row]

Turkey: Rights groups to monitor criminal trial against journalists accused of participating in coup

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Journalist Ahmet Altan is charged with inserting subliminal messages in support of the failed 15 July coup in Turkey.

Journalist Ahmet Altan is charged with inserting subliminal messages in support of the failed 15 July coup in Turkey.

On 19 June, the first hearing will take place in a trial concerning 17 defendants, including a number of journalists. Among the defendants are prominent novelists and political commentators, Ahmet Altan, Mehmet Altan and Nazlı Ilıcak. The case is the first trial of journalists accused of taking part in last year’s failed coup

The case is the first trial of journalists accused of taking part in last year’s failed coup attempt and may shed light on how the courts will approach numerous cases concerning the right to freedom of expression and the right to a fair trial under the state of emergency.

Representatives of Article 19, Amnesty International, Index on Censorship, Norwegian PEN and PEN International will be attending the hearing in order to demonstrate solidarity with the defendants, and with media freedom more broadly in Turkey. The Bar Human Rights Committee of England and Wales and the International Senior Lawyers Project are also sending observers to the hearing.

The charges against the accused are detailed in a 247-page long indictment which identifies President Erdogan and the Turkish government as the victims. Defendants Ahmet Altan, Mehmet Altan and Nazlı Ilıcak are charged with “attempting to overthrow the Turkish Grand National Assembly”, “attempting to overthrow the Government of Turkey”, “attempting to abolish the Constitutional order” and “Committing crimes on behalf of an armed terrorist organisation without being a member”. The remaining defendants are additionally charged with “membership of a terrorist organisation”, in reference to the Gülen movement who the Turkish government accuses of having orchestrated the coup attempt.

The majority of those on trial are either currently in exile or have been held in pre-trial detention for almost 10 months.  On 14 June, the European Court of Human Rights wrote to the Turkish government requesting its response to a number of questions to determine whether the human rights of seven detained journalists, including the Altans and Nazlı Ilıcak, have been violated due to the long pre-trial detention.

We believe the trial to be politically motivated and call on the authorities to drop all charges against the accused unless they can provide concrete evidence of commission of internationally recognisable criminal offences and to immediately and unconditionally release those held in pre-trial detention.

Article 19 has prepared an expert opinion examining the charges against the Altan brothers, at the request of their defence lawyers, which will be submitted to the court on Monday morning. The opinion argues that the charges levelled against the Altans amount to unlawful restrictions on the exercise of the right to freedom of expression. 

For more detailed information regarding the context for free expression in Turkey, please see a joint statement submitted to the UN Human Rights Council in May 2017.

For further information please contact:

Sarah Clarke, International Policy and Advocacy Manager, PEN International, sarah.clarke@pen-international.org
Georgia Nash,Programme Officer – Middle East & North Africa / Europe & Central Asia, ARTICLE 19, [email protected]
Melody Patry, Head of Advocacy, Index on Censorship, [email protected]

For more information about the trial, please contact Tobias Garnett: +90 (0) 541 827 0000

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