Turkish journalist, author and filmmaker Can Dündar spoke at the House of Commons last week about the state of politics and media freedom in Turkey. The event was hosted by the Centre for Turkey Studies and chaired by Scottish Liberal Democrat peer Lord Jeremy Purvis of Tweed.
Dündar, the editor-in-chief of Cumhuriyet, was sentenced to five years and 10 months in prison on 6 May 2016, just hours after a failed attempt on his life by a gunman. Along with Cumhuriyet journalist Erdem Gül, he was convicted of “leaking secret state information” for the paper’s reports claiming that Turkey was sending weapons to Islamists in Syria.
The pair were arrested and detained in November 2015, just days before a meeting of the EU heads of state with Turkey, the first meeting of its kind in almost six decades. “Turkey was not on the agenda because it was a democratic country, but because of the need for Turkey regarding the migrant issue,” Dündar explained.
Although he has been out of prison since February 2016, when he returns to Turkey — which he defiantly said he will — he risks serving his sentence.
Watching from his TV in solitary confinement during his stint in prison, Dündar learned of the deal that Turkey would keep asylum seekers from crossing into Europe, and in return the country would receive €3bn and visa exemptions.
Asylum seekers were “held hostage” by Turkey, Dündar said. “I was waiting until the end of the conference hoping there would be some mention of the free press, but there was nothing.”
He has been a journalist for 35 years, working in television and in print. “Throughout all these years working in the media, it has never been a paradise, but I don’t think it’s ever been quite as hellish as it is at the moment,” Dündar added. “We face oppression and censorship.”
The EU was due to release a report on Turkey’s lack of press freedom just weeks before the summit and in time for the Turkish general election. Dündar told the audience that following a meeting between Turkish President Recep Tayyip Erdoğan and EU officials, the report was delayed until after the general election.
Erdoğan’s Justice and Development Party achieved electoral victory and a week later, the report was published. “The human rights record of Turkey was condemned in strong terms,” Dündar said.
“For those of us who grew up in Turkey, in view of the Western, democratic ideals, this was very disappointing,” Dündar told the audience. “Europe is a great ideal, something to aim for.”
Dündar has lived through three military coups in Turkey. “Back then there was serious censorship,” he said. “But Erdoğan has succeeded in doing something the military couldn’t: he has instructed the media moguls close to him to buy up newspapers and TV stations, establishing a coup of friendly media.”
Dündar explains that these Erdoğan-friendly groups — mainly rich civil engineering companies receiving favours from the president — control 60% of the media, while opposition media make up only about 5-10% of the market.
Critics of Erdogan face further financial difficulty in the form of harsh fines for “insulting” Erdogan — of which there have been over 3,000 cases. “The president takes any criticism as an insult,” Dündar explained, joking: “He is the most insulted president in the world.”
Critical media outlets also find it difficult to generate revenue through advertising because “any company advertising with us will also face sanction”. The media faces further pressures in the form of “severe tax bills” and the intimidation of journalists to “toe the line”.
When journalists like Dündar aren’t visiting colleagues in prison and attending court cases in support of friends, they are preparing for their own hearings. And while they often win international awards for their work, “we can’t eat those so we have to create resources”.
Although the situation in Turkey looks unpromising, Dündar told the audience to remember that “there is another Turkey that believes in democracy and secularism”. There exists a “great existential struggle” and the aim for those like him “is to overcome this fear, but we have to be brave and we have to unite”.
In this struggle, Dündar asked the people of Europe for “support and solidarity” before Turkey “becomes a fascist regime”. He called on the Western media to do more to draw attention to the crimes of Erdoğan.
Ryan McChrystal is the assistant online editor at Index on Censorship
Nothing could illustrate the course of developments in Turkey better than the case of prosecutor Murat Aydın.
In what was described as a “judicial coup” in critical media, Aydin was one of 3,746 judges and prosecutors, who were reassigned in recent days, an unprecedented move that has shaken the basis of the justice system. Some were demoted by being sent into internal “exile”, some were promoted.
Aydin’s transgression was to challenge the Turkish Penal Code’s Article 299 — the basis of “insulting the president” cases — in the country’s constitutional court. He argued that Article 299 was unconstitutional and conflicted with the European Convention on Human Rights. He had asked the top court to void the article.
After the reshuffle, he was told he would now be handling cases in Trabzon on the Black Sea coast, clear across the country from İzmir on the Aegean, where he had been working.
“I was exiled because of the decisions I have made and my expressed views,” he told Cumhuriyet. ”The worst part is, there is no authority any longer where we seek these type of sanctions to be checked, where we can challenge unjust acts.”
Meanwhile, another prosecutor, Cevat İslek, who made his name filing charges against journalists on the basis of “insulting the president” was promoted, Cumhuriyet noted, to the position as the deputy chief prosecutor in Ankara.
One wonders how such transfers are perceived by the public. Do Turks notice that the how the president, Recep Tayyip Erdoğan, and his AKP government are seizing control over the domain of expression through the imposition of large-scale punitive measures? Do they notice that this is taking place in defiance of the constitution, which defines the office of the president as being “impartial”?
The accelerated authoritarianism in Turkey — chiefly targeting media, academia and civil dissent — leaves nothing to chance. Though the media sector and its professionals remain top of the list for the president’s persecution, those who are seen as instrumental in filing and judging the court cases against them are also targets.
The issue has raised the alarm levels to new heights. In a recent report a global body of legal experts issued an “orange level” of concern on the state of the judiciary in Turkey, warning, after scrutinising the rising problems, that it is falling into total subordination of the executive.
”The ICJ remains concerned that transfers are being applied as a hidden form of disciplinary sanction and as a means to marginalize judges and prosecutors seen as unsupportive of government interests or objectives,” the Geneva-based International Commission of Jurists (ICJ) wrote in its report, Turkey: the Judicial System in Peril, which was prepared after a long series of talks with anonymous judges and prosecutors, among others.
“Many of those with whom the mission met noted that there are now unprecedented levels of pressure, division, distrust and fear in the Turkish judiciary. There are alarming signs that this has already led to manipulation of the judicial system on political grounds, including to target government opponents or to criminalize and prosecute criticism of the government. Of particular concern, is the high number of prosecutions for offences restricting freedom of expression, in particular for the offence of ‘insulting the president’.”
With the backbone of justice highly infected by partisanship, a “total eclipse” is looming and it becomes much easier to grasp the magnitude of oppression. “Insulting” cases may have risen above 2,000 since last year, but what is happening today is a multifaceted assault on freedom of speech and journalism as a whole.
The remnant segment of independent journalism operates, under great legal and financial strain, with dailies such as secular Cumhuriyet, liberal Özgür Düşünce, leftist Birgün and Evrensel, and Kurdish Özgür Gündem. On the TV side, the “capture” is even more severe: there are only three channels — Kurdish IMC TV, liberal CanErzincan and secular Halk TV — airing critical content.
But even such a weakened media segment seems to worry the authorities. The most recent meeting of the National Security Council, a powerful body symbolising state authority, ended with the endorsement that the battle against what the AKP sees as the “domestic enemies”, namely the Kurdish Political Movement and what Erdoğan depicts as “parallel structure” Gülenists, will be escalated.
Everybody knows what this refreshed announcement means: the remaining independent outlets will be criminalised by any means necessary. The latest developments indicate that the special office of prosecution on crimes against the constitution is preparing to launch inquiries against a number of outlets, chiefly targeting the Kurdish media. In other words, further closures may be expected to appear on the government’s agenda.
Along with the systematic arrests of more than 12 reporters of Dicle News Agency, which is almost the only source of news on what takes place during “scorched earth” operations in the mainly Kurdish southeastern provinces, the strongest sign on the media clampdown is the legal investigation filed against more than 15 well-known journalists — most of them non-Kurdish — who took part in an act of solidarity, “Chief Editors Vigil”, with the pro-Kurdish daily, Özgür Gündem.
The journalists are expected to be charged with “terrorist propaganda” under Turkey’s anti-terror law, which Erdoğan and the AKP government refuses to revise despite EU demands – a key criteria for visa liberalisation for Turkish citizens.
Nothing, it seems, will suffice to alter the authoritarian course Turkey has been taking and the price journalists and peaceful dissidents are forced to pay rises geometrically.
But nothing seems to stop the tiny-but-tough core of resistant journalists who continue to confront the Orwellian state as it consolidates itself under the nose of the pro-government and subservient media.
Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.
February 4, 2013. Recep Tayyip Erdogan during a press conference in Prague.
With conditions worsening on a daily basis, Turkey now risks total blackout on public debate.
Punitive measures and harsh restrictions have diminished the domain for free and independent journalism, and media pluralism is showing strong signs of total collapse.
As Index on Censorship’s Mapping Media Freedom project highlights in its latest quarterly report, the country experienced a large number of media freedom violations.
“Over half of the arrests [in the first quarter of 2016] occurred in Turkey when journalists were reporting on violence or protests in the country,” the report said. “The data indicates a pattern where arrests are launched on terror charges or taking place during anti-terror operations.”
In its latest World Press Freedom Index, scrutinising media in 180 countries, Reporters Without Borders (RSF) ranked Turkey as #151, marking yet another fall, this time by two positions.
“President Recep Tayyip Erdogan has embarked on an offensive against Turkey’s media. Journalists are harassed, many have been accused of ‘insulting the president’ and the internet is systematically censored,” RSF said in its findings.
The decline was even more dramatic in the annual Freedom of the Press 2016 survey by Freedom House. Its survey over the past year marked a fall by six points, placing Turkey as 156th among 199 countries, again among those as “not free”.
“The government, controlled by Erdoğan’s Justice and Development Party (AKP), aggressively used the penal code, criminal defamation legislation, and the country’s antiterrorism law to punish critical reporting, and journalists faced growing violence, harassment, and intimidation from both state and non-state actors during the year. The authorities continued to use financial and administrative leverage over media owners to influence coverage and silence dissent,” it concluded.
This downfall is unprecedented in intensity. The country’s remnant core of brave, free and independent journalists, regardless of their political views, now agree that free journalism will soon cease to exist in Turkey. With full-frontal attacks on the media, the sector may become subservient to the political and bureaucratic power, with content rife with stenography and propaganda.
Legal inquiries and charges against journalists are continually on the rise. According to the ministry of justice, the number of “insulting the president” cases passed 1,800 since mid-2014.
In other cases, such as the charges brought against Cumhuriyet daily, its editors Can Dündar and Erdem Gül are accused of spying and treason, for printing news stories about lorries carrying weapons, allegedly to Syrian jihadist groups, by the government’s orders.
In another notorious case, investigative journalist Mehmet Baransu has been detained for over 13 months over his inquiries into the alleged abuses of power within the military.
In a fresh case, two senior journalists from Cumhuriyet, Ceyda Karan and Hikmet Çetinkaya, were sentenced to two years each in prison for “inciting hatred”. Their “crime” was to reprint the Charlie Hebdo front page cartoon in their column, which they said was an act of professional solidarity.
According to Bianet, a monitoring site, there are now 28 journalists in Turkish prisons, many of whom are affiliated with the Kurdish media, based on charges brought under anti-terror laws.
The draconian nature of charges and prison sentences leave little doubt about AKP government’s intent to criminalise journalism as a whole.
Punitive measures against journalism go far beyond court cases. The most efficient method has proven to be firing journalists who insist on exercising basic standards of the profession.
Since mid-2013, following Gezi Park protests, 3,500 journalists have lost their jobs. Media moguls have come under increasing pressure from the government, which demands action or threatens to cancel lucrative public contracts. Taking advantage of the low influence of trade unions (fewer than 4% of journalists are members), employers axe staff arbitrarily.
As a result of this widespread exercise in conglomerate-dominated “mainstream media”, with newsrooms turned into “open-air prisons”, self-censorship in Turkey has become a deeply rooted culture. Blacklists have been drawn up of TV pundits and columnists in the press, who are known for critical stands, no matter their political leaning.
What apparently weighed heavy in the gloomy figures by Index on Censorship, RSF and FH is the fact that, from early last year, authorities started also targeting large, private media institutions, known for critical journalism.
Hürriyet, an influential newspaper belonging to Doğan Media was attacked by a mob two nights in a row last summer, after which its owners felt they had to “tone down” critical content.
In even more dramatic cases, Koza-Ipek Media outlets were raided by the police last autumn, followed some months later by a similar large-scale operation against Zaman Media, second largest group in the sector, and the largest independent news agency, CHA.
These seizures, along with some other critical channels yanked off satellite and digital platforms in recent months, left a huge vacuum, threatening to terminate the diversity of the media.
Now, with around 90% of the sector under direct or indirect editorial control of the AKP government, including the state broadcaster TRT, there are only three critical TV channels and no more than five small-scale independent newspapers left.
As a result of these assaults, two things are apparent: firstly, investigative journalism is blocked and news is severely filtered; secondly, with diversity fading out, public debate, a key aspect of any democracy, is severely limited.
Along with routine bans on reporting on specific events such as terror attacks, severe accreditation restrictions and a newly emerging pattern of deporting international media correspondents, the conclusion is inevitable.
A profession faces extinction and along with its exit, and a thick wall between the truth and the public, both domestic and international, is emerging. This total collapse will have far deeper consequences than anyone can imagine.
Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.
Turkish President Recep Tayyip Erdogan speaks at a rally in Istanbul, 20 September 2015. Credit: Orlok / Shutterstock
Turkey’s government and courts have demonstrated their unwillingness to adhere to basic values on press freedom and media pluralism. From judicial harassment and seizing media companies to silencing Kurdish and critical media, Turkey’s government has been used by President Recep Tayyip Erdogan to silence critical voices in the country.
The European Charter on Freedom of the Press is a non-binding guideline on press freedom, signed on 25 May 2009 in Hamburg by 48 editors-in-chief and leading journalists from 19 European countries. It consists of 10 articles on media freedom, and if we take it as an ideal for which countries should operate, we see no country in the EU is perfect. However, Turkey finds itself in a unique position of being consistently in breach of every single one on an almost weekly basis.
Article 1 Freedom of the press is essential to a democratic society. To uphold and protect it, and to respect its diversity and its political, social and cultural missions, is the mandate of all governments.
Index on Censorship’s Mapping Media Freedom has verified over 200 violations of media freedom in Turkey since the project began in May 2014. The seizure of the Zaman Media Group, which owns Zaman and Today’s Zaman, on 4 March was just the latest in a long line of assaults against media diversity in the country. Any respect for diversity seemed to be dispersed like the crowds of supporters who gathered at Zaman’s headquarters, who were then set upon by police with water cannons and tear gas.
Article 2 Censorship is impermissible. Independent journalism in all media is free of persecution and repression, without a guarantee of political or regulatory interference by government. Press and online media shall not be subject to state licensing.
A day after the takeover of Zaman, trustees were appointed by the authorities to Cihan News Agency in another bid to silence criticism of Erdogan. Cihan said on its website late on Monday 7 March that an Istanbul court would appoint an administrator to run the agency on a request from a state prosecutor. Interference by the government is now systemic in the Turkish media.
Article 3 The right of journalists and media to gather and disseminate information and opinions must not be threatened, restricted or made subject to punishment.
Opposition journalists are routinely punished in Turkey. Barış İnce, a former editor of Birgün who still writes for the leftist daily, was sentenced on 8 March to 21 months in prison for “insulting” Turkish President Recep Tayyip Erdoğan. A week previously, on 2 March, journalist Arzu Yıldız attended a hearing at Ankara criminal court for “insulting” Erdogan, former Justice Minister Kenan İpek and Justice Minister Undersecretary Basri Bağcı. Yıldız explained that she is being tried for a retweet, and not for something that she personally wrote.
Article 4 The protection of journalistic sources shall be strictly upheld. Surveillance of, electronic eavesdropping on or searches of newsrooms, private rooms or journalists’ computers with the aim of identifying sources of information or infringing on editorial confidentiality are unacceptable.
On 9 February, Claus Blok Thomsen, a Danish journalist working for daily newspaper Politiken, was detained by Turkish authorities at the Istanbul airport and then barred from entering Turkey. He was travelling to the country to report on refugees at the Turkish-Syrian border. At the airport, Thomsen allegedly identified himself as a journalist and then the police forced him to open his phone and computer, undermining the confidentiality of his sources.
Article 5 All states must ensure that the media have the full protection of the law and the authorities while carrying out their role. This applies in particular to defending journalists and their employees from harassment and/or physical attack. Threats to or violations of these rights must be carefully investigated and punished by the judiciary.
Rather than having the full protection of the law, Turkish journalists often find themselves at its mercy. Nineteen journalists have so far been arrested or detained in the country this year alone, many of them on terror-related charges. This includes Nazım Daştan, a reporter for Dicle News Agency (DİHA), which reports in Kurdish, who was charged with spreading terrorist propaganda on Facebook in February.
Article 6 The economic livelihood of the media must not be endangered by the state or by state-controlled institutions. The threat of economic sanctions is also unacceptable. Private-sector companies must respect the journalistic freedom of the media. They shall neither exert pressure on journalistic content nor attempt to mix commercial content with journalistic content.
Threats to the economic livelihood of the media are commonplace in Turkey. On 3 November 2015, 58 journalists were dismissed from İpek Media Group when it was unlawfully seized in a government-led police operation in late October. Sound familiar? When Zaman was taken over, editor-in-chief Abdülhamit Bilici was fired without remuneration by the new trustees. Many other members of staff were let go also.
Article 7 State or state-controlled institutions shall not hinder the freedom of access of the media and journalists to information. They have a duty to support them in their mandate to provide information.
Article 8 Media and journalists have a right to unimpeded access to all news and information sources, including those from abroad. For their reporting, foreign journalists should be provided with visas, accreditation and other required documents without delay.
Turkish authorities rejected a permanent press accreditation application filed by Norwegian daily Aftenposten’s correspondent Silje Rønning Kampesæter, on 9 February 2016. Turkish authorities have not issued any written statement on the reason for the rejection. The application also affects her residence permit in Turkey.
Article 9 The public of any state shall be granted free access to all national and foreign media and sources of information.
Over the past two decades, right to know laws have become commonplace in the European Union. In Turkey, the principle has yet to catch on. In the wake of the bomb that ripped through Ankara killing 37 people on Monday, Erdogan’s government moved to block Facebook and Twitter as part of a media ban. Domestically, blanket media bans are becoming more common in Turkish media. On 17 February, the government rushed out a temporary broadcast ban after another deadly blast in Ankara. Similar measures were taken the month previously as well.
Article 10 The government shall not restrict entry into the profession of journalism.
This week, Erdogan has claimed the definition of a terrorist should be changed to include terrorist “supporters”. It was clear who the president had in mind: “Their titles as an MP, an academic, an author, a journalist do not change the fact they are actually terrorists.” By treating critical journalists like terrorists, Erdogan is effectively redefining their profession.
