Letter: EU must not ignore collapse of media freedom in Turkey

The President of the European Council
Donald Tusk
General Secretariat of the Council of the European Union
Rue de la Loi/Wetstraat 175
B-1048 Bruxelles/Brussel
Belgique/België

CC:
Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy
Stavros Lambrinidis, EU Special Representative for Human Rights
Elmar Brok, Chair of the European Parliament Committee on Foreign Affairs
Johannes Hahn, Commissioner for European Neighbourhood Policy and Enlargement Negotiations
Martin Schulz, President of the European Parliament

Dear President Tusk,

We, the undersigned press freedom and media organisations, are writing ahead of the upcoming meeting between EU leaders and Ahmet Davutoğlu, Prime Minister of Turkey, to express our concern over the collapse of media freedom in Turkey.

In the past six months, we have recorded 50 incidents in clear breach of international standards with regards to media freedom and pluralism in the country.[1] These violations include the recent government takeovers of the Feza media group and the Koza İpek Group; the prosecution and jailing of daily Cumhuriyet editor-in-chief Can Dündar and Ankara bureau chief Erdem Gül on politically motivated charges of terrorism, espionage and revealing classified information; the police raids of Bugün TV; the assault of journalist Ahmet Hakan; and the blocking of Dicle News Agency’s website.

Many of these violations took place against the backdrop of the migration and refugee crisis or are related to reporting on sensitive issues such as the banned Kurdistan Workers’ Party (PKK) or Turkey’s security operations in the south. Hence we believe the Council has the mandate to address these violations during the specific working session on EU-Turkey cooperation.

This mandate stems from the Council’s commitment to the rights to freedom of expression including freedom of the press, which was reaffirmed when adopting the EU Human Rights Guidelines on “freedom of expression online and offline” on 12 May 2014.[2] By doing so, the Council pledged that “through its external policy instruments, the EU intends to help address and prevent violations of these rights in a timely, consistent and coherent manner.”

The guidelines also state that “all appropriate EU external financial instruments should be used to further protect and promote freedom of opinion and expression online as well as offline.”

While we welcome the fact that you discussed the situation of the media in Turkey with Prime Minister Davutoğlu last week, we believe the EU must not reach a deal without a specific conditionality clause that requires Turkey to improve the environment for freedom of expression and freedom of the media.

When meeting Prime Minister Davutoğlu on 18 March 2016, you have the unique opportunity to not only discuss the press freedom situation in Turkey, but to bring forth concrete measures that Turkey ought to take in order to start reversing its unrelenting crackdown on the media. Without taking these measures Ankara cannot and must not be considered a trustful strategic partner for the European Union. Specifically, we ask that you make any EU-Turkey agreement conditional on the release of the more than dozen journalists currently jailed for their work;[3] the immediate return of the media outlets belonging to the Feza and Koza İpek groups to their rightful owners and editorial boards; and the abandonment of Turkey’s official practice of using vague anti-terror laws to equate press coverage with criminal activity.

At a time when the very essence of the European Union is questioned, it is critical to show unity and coherence over one of its core foundations: human rights, and in particular freedom of opinion and expression, which are fundamental elements of democracy.

Yours sincerely,

Jodie Ginsberg, Chief Executive, Index on Censorship
David Diaz-Jogeix, Director of Programmes, Article 19
William Horsley, Vice President and Media Freedom Representative, Association of European Journalists
Nina Ognianova, Europe and Central Asia Program Coordinator, Committee to Protect Journalists
Jo Glanville, Director, English Pen
Mogens Blicher Bjerregård, President, European Federation of Journalists
Barbara Trionfi, Executive Director, International Press Institute
Carles Torner, Executive Director, PEN International
Christophe Deloire, Executive Director, Reporters Without Borders
Deborah Bonetti, President, Foreign Press Association in London

[1] www.mappingmediafreedom.org (verified reports from 1 October 2015 to 14 March 2016)

[2] EU Human Rights Guidelines on Freedom of Expression Online and Offline, adopted by the Council on 12 May 2014 (Foreign Affairs Council meeting)

[3] At least 28 journalists jailed in Turkey (last update: 26 February 2016). Source: European Federation of Journalists and affiliates, http://europeanjournalists.org/journalists-in-jail-europe/

Turkey must allow supporters to meet with imprisoned journalists Can Dündar and Erdem Gül

Journalists Erdem Gül and Can Dündar (Photo: Bianet)

Journalists Erdem Gül and Can Dündar (Photo: Bianet)

A coalition of leading international free expression and press freedom groups condemns the Turkish government’s refusal to allow supporters to visit journalists Can Dündar and Erdem Gül, who are behind bars for reports claiming that Turkey’s intelligence agency secretly armed Islamist rebel groups in Syria, and calls for their immediate release.

Dündar, editor-in-chief of Cumhuriyet, and Gül, the newspaper’s Ankara bureau chief, are being held at the high-security Silivri Prison, west of Istanbul, reportedly awaiting trial on charges of aiding a terrorist organisation, espionage and disclosure of classified documents.

The charges remain unclear, as the defendants have not been allowed to review indictments against them. However, the case is believed to stem from a May 29, 2015 report published in Cumhuriyet that included a video purportedly showing Turkish security forces searching intelligence agency trucks en route to Syria containing crates of ammunition and weapons.

In recent years, when nearly 100 journalists were held in Turkish prisons, journalists in Turkey were often allowed to visit their imprisoned colleagues. However, in recent months, Turkey’s Justice Ministry has effectively barred most visits for both Dündar and Gül; the only visitors allowed to see them are close family members, lawyers or members of Turkey’s Parliament.

Following the Ministry’s recent refusals to respond to visitation requests put forward by journalists’ groups in Turkey and others, a coalition of 11 international free expression and press freedom defenders submitted a joint request on Jan. 8, 2016 seeking permission to visit Dündar and Gül on Wednesday, Jan. 27.

The coalition includes the International Press Institute (IPI), the Committee to Protect Journalists (CPJ), Reporters Without Borders (RSF), the International Federation of Journalists (IFJ), the European Federation of Journalists (EFJ), ARTICLE 19, Index on Censorship, the Ethical Journalism Network (EJN), PEN International, the World Association of Newspaper Publishers and News Publishers (WAN-IFRA) and the South East Europe Media Organisation.

On Jan. 22, however, Turkey’s Justice Ministry denied the request. In a response, the Ministry cited articles of statute and regulation requiring the Ministry’s permission for such a visit and indicated that the request was denied because permission to visit was not given.

The coalition condemns Turkey’s refusal to allow supporters to visit Dündar and Gül, who were held in solitary confinement for 40 days before finally being allowed to share a cell together early this month, as well as the charges against them.

The persecution of these journalists in retaliation for having reported on a matter of urgent and undeniable public interest, and the refusal to permit visitation in the manner that any other prisoner would be allowed, represent a violation of their rights and a gross abuse of authority. This wrong is compounded by the fact that neither Dündar nor Gül have been convicted of any crime, much less informed of the allegations against them.

The misuse of anti-terror law against these journalists is only the latest in a litany of such cases in Turkey, and joins a list of developments that illustrate growing authoritarianism and a blatant erosion of human rights. They include politicisation of the judiciary, the similar abuse of other criminal laws, the imposition of outright bans on disseminating certain content, the use of state agencies and economic levers to silence media outlets, verbal and – in some cases – physical attacks on critical journalists, and the orchestration of online hate campaigns targeting government critics, among others.

The coalition accordingly calls on Turkish authorities to free Dündar and Gül without delay, to drop all charges against them, and to free all other journalists currently detained in connection with their journalism or the opinions they have expressed. It further urges lawmakers in Turkey to take steps to reverse the country’s trend toward authoritarianism and urges the governments of democratic countries to pressure the Turkish government to meet its human rights commitments under domestic and international law.

-The International Press Institute (IPI)
-The Committee to Protect Journalists (CPJ)
-Reporters Without Borders (RSF)
-The International Federation of Journalists (IFJ)
-The European Federation of Journalists (EFJ)
-ARTICLE 19
-Index on Censorship
-The Ethical Journalism Network (EJN)
-PEN International
-The World Association of Newspaper Publishers and News Publishers (WAN-IFRA)
-The South East Europe Media Organisation (SEEMO)

Malaysia: Drop charges against Lena Hendry

Lena Hendry letter

Dear Attorney General Mohamed Apandi Ali,

We write to you as organisations that are deeply concerned by the decision of the Malaysian authorities to prosecute Lena Hendry for her involvement in the screening of the award-winning human rights documentary, “No Fire Zone: The Killing Fields of Sri Lanka,” in Kuala Lumpur on July 9, 2013. The charges against her violate Malaysia’s obligations to respect the rights to freedom of opinion and expression, notably to receive and impart information. We respectfully urge you to drop the charges against Hendry. Her trial in Magistrate Court 6 in Kuala Lumpur is slated to begin on December 14, 2015.

As you know, Hendry is being charged under section 6 of the Film Censorship Act 2002, which imposes a mandatory prior censorship or licensing scheme on all films before they can be screened at any event, except films sponsored by the federal government or any state government. If convicted, she faces up to three years in prison and a fine up to RM 30,000.

The prosecution appears intended to restrict the activities of Hendry and members of the KOMAS, the human rights education and promotion organisation with which she works, by hindering their efforts to provide information and share their perspectives on human rights issues.

International human rights law and standards, such as found in article 19 of the Universal Declaration of Human Rights, states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”

Malaysia has committed to ensuring that all human rights defenders are able to carry out their activities without any hindrance or fear of reprisals from the government. In November, Malaysia voted in favor of a resolution on “Recognizing the role of human rights defenders and the need for their protection” in the 3rd Committee of the United Nations General Assembly. The resolution set out the urgent need for governments to protect human rights defenders worldwide. Article 1 of the UN Declaration on Human Rights Defenders, adopted unanimously by the UN General Assembly on December 9, 1998, states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.” Article 12(2) provides that the government shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights.”

In addition to dropping the charges against Hendry, we also urge you, as attorney general, to seek to repeal provisions of the Film Censorship Act 2002 that allow unnecessary and arbitrary government interference in the showing of films in Malaysia. This policy denies Malaysians the opportunity to benefit from a range of viewpoints on issues of importance to Malaysian society and that affect Malaysia’s role in the world.

Sincerely,

Brad Adams
Director, Asia Division
Human Rights Watch

Gail Davidson
Executive Director
Lawyers’ Rights Watch Canada

Jodie Ginsberg
Chief Executive
Index on Censorship

Karim Lahidji
President
International Federation for Human Rights (FIDH)

Mary Lawlor
Director
Front Line Defenders

Edgardo Legaspi
Executive Director
Southeast Asian Press Alliance (SEAPA)

Marie Manson
Program Director for Human Rights Defenders at Risk
Civil Rights Defenders

Champa Patel
Interim Director, South East Asia and Pacific Regional Office
Amnesty International

Amy Smith
Executive Director
Fortify Rights

Oliver Spencer
Head of Asia
Article 19

Gerald Staberock
Secretary General
World Organization Against Torture (OMCT)

Sam Zarifi
Regional Director for Asia and the Pacific
International Commission of Jurists

 

Cc:

Ahmad Zahid Hamidi, Minister of Home Affairs
Joseph Y. Yun, Ambassador of the United States of America to Malaysia
Luc Vandebon, Ambassador of the European Union to Malaysia
Victoria Treadell, British High Commissioner to Malaysia
Christophe Penot, Ambassador of France to Malaysia
Holger Michael, Ambassador of Germany to Malaysia
Rod Smith, Australian High Commissioner to Malaysia
Judith St. George Canadian High Commissioner to Malaysia
Dr John Subritzky, New Zealand High Commissioner to Malaysia
Ibrahim Sahib, Sri Lanka High Commissioner to Malaysia

Turkey: Increased pressure on journalists jeopardises public interest

The International Press Institute (IPI) released a report on the Joint International Emergency Press Freedom Mission to Turkey undertaken last week by a broad coalition of international free expression and press freedom groups.

The report builds on mission participants’ finding that escalating pressure on media in the period between parliamentary elections in June and repeat polls set for Sunday has significantly impacted journalists’ ability to report on matters of public interest and is likely to “have a significant, negative impact on the ability of voters in Turkey to share and receive necessary information, with a corresponding effect on Turkey’s democracy”.

It does so through 10 brief chapters by mission participants that set forth details on main areas of concern that the participants identified in a joint declaration last week following the close of the mission. The report also contains an evaluation of the degree to which authorities in Turkey have heeded recommendations that IPI set forth six months ago in its report, “Democracy at Risk, IPI Special Report on Turkey, 2015”, concluding that authorities have largely failed to take necessary steps to remedy ongoing threats to media freedom.

“Pressure on media has continued to increase following our mission and we remain extremely concerned about the deteriorating state of press freedom in Turkey and its impact both on the Nov. 1 elections and beyond,” IPI Director of Advocacy and Communications Steven M. Ellis said. “We again call for an immediate end to all efforts to hinder or prevent journalists from giving voters in Turkey the information they need to make an informed decision about their future.”

From Oct. 19 to 21, mission participants met in Istanbul and Ankara with journalists, political representatives and foreign diplomats to demonstrate solidarity with their colleagues in the news media in Turkey and to focus attention in Turkey and abroad on the impact the growing pressure on independent media is likely to have on the Nov. 1 election.

The unprecedented mission brought together representatives from eight leading international press freedom and free expression groups, including IPI, the Committee to Protect Journalists (CPJ), Reporters Without Borders (RSF), the International Federation of Journalists (IFJ), the European Federation of Journalists (EFJ), Article 19, Index on Censorship and the Ethical Journalism Network. Delegates were also joined by members of the Journalists Union of Turkey (TGS) and IPI’s National Committee in Turkey.

The full report can be read here.