Press freedom in Turkey is challenged by opaque court rulings

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Last Thursday, after nearly eight years of detention three journalists were among a group released from a prison near Istanbul. The journalists Füsün Erdoğan, Bayram Namaz and Arif Çelebi were arrested in 2006 and accused of belonging to the Marxist-Leninist Communist Party (MLKP), which is considered a terrorist organization in Turkey. For journalists and activists who had been closely following the case, the sudden release came as a surprise after months of resistance from local courts.

In November 2013, seven years after her arrest, Erdoğan was sentenced to life in prison for her alleged involvement with the MLKP. She has denied involvement with the group. In a letter Erdoğan wrote that was published by the CPJ last year, she explicitly rejected the charges: “In reality, there was only one real reason for our arrest: police were trying to intimidate members of the progressive, independent, democratic, and alternative media.” Erdoğan is a founder of the leftist radio station Özgür Radyo and began writing for the independent news website Bianet while in prison, mailing editors her regular dispatches, says Elif Akgül, Bianet’s freedom of speech editor.

Earlier this year, judicial reforms in Turkey brought down the maximum legal detention time for prisoners awaiting sentencing in terrorism cases from ten years to five. While Erdoğan had been sentenced in local court, she is still awaiting a verdict from an appeals judge. Following the new reform, Erdoğan’s lawyers applied for her release from prison, but the request was denied in March. Around the same time, eight journalists were released who had been detained in 2011 and were accused of belonging to the Kurdish KCK union, which is also considered a terrorist organisation in Turkey.

The turnarounds over the past months, from Erdoğan’s life prison sentence last year to her release from prison a few days ago, have exposed the Turkish judicial system’s capacity for dragging on a case in uncertainty. Erdoğan was not informed of the charges against her until two years into her detention, and served nearly eight years without receiving a final verdict. Now, after Erdoğan’s sudden and unexpected release from prison, the court’s decision also shows the opacity of court regulations in Turkey. The implications of a broken judicial system for press freedom are troubling—especially in a country with consistently high numbers of jailed journalists.

Füsün Erdoğan’s case has attracted the attention of advocacy organizations like the Turkish Journalists’ Union, the European Federation of Journalists, the Committee to Protect Journalists and Reporters without Borders. Because she’s a Turkish-Dutch dual citizen, last year the Dutch Association of Journalists (NVJ) also began campaigning for her release.

Thomas Bruning is general secretary of the NVJ and has started campaigns in the Netherlands to bring attention to Erdoğan’s case. What drew the most reactions, he says, was when the NVJ had 10,000 posters made featuring a picture of Erdoğan with the text “Füsün Erdoğan must be free” and “journalists are not terrorists” in Dutch. The association sent the posters out to subscribers of their magazine and asked them to share pictures of the posters on social media. Over the last few months, Bruning and the NVJ have also been in contact with Erdoğan’s son, and Bruning gave a speech outside the Dutch parliament when Erdoğan’s son went on a hunger strike there to draw attention to his mother’s case. Now that Erdoğan is out of prison, the NVJ is focused on having the charges against her dropped. “We always said that there are two problems left – one is that, although in the last few months journalists have been released, there are still a lot of journalists in prison in Turkey. The second is that Füsün is released but the charges haven’t been dropped yet. She’s not free to travel and she’s awaiting the appeal. She’s not a free citizen,” Bruning said.

Füsün Erdoğan’s surprise release from prison is not an indicator of lasting change in Turkey’s press freedom situation. During its  2013 prison census, the CPJ reported that 40 journalists were in Turkish prisons. Yesterday, five more journalists were released from prison who had been held in connection to the KCK case. Despite the release of multiple journalists this year, the CPJ estimates that at least 11 journalists are still imprisoned in Turkey.

At protests in Istanbul on May 1, journalists were detained and Bianet reported that at least 12 were injured. A few weeks ago, the journalist Önder Aytaç was sentenced to ten years in prison for a 2012 tweet that insulted Prime Minister Erdoğan. Akgül says freedom of speech is evolving but not improving in Turkey. “In the 1990s, you were killed for being a journalist, in the 2000s you were arrested for being a journalist. Right now, you become unemployed if you’re a journalist,” she said.

Erdoğan’s legal situation remains precarious as she awaits appeal trial, but while Akgül says her release is a positive development, the case is a warning sign for the media climate in Turkey. “It’s a threat not just for the journalists who are on trial, it’s a threat for the others too,” said Akgül. “Because a journalist now working in Turkey, writing critical stuff, knows they can be jailed for being a terrorist member, administrator, member, they can be jailed for lifetimes.”

This article was posted on 15 May 2014 at indexoncensorship.org

Yemen: The persecution of journalists continues unabated

American journalist Adam Baron who was deported from Yemen last week

American journalist Adam Baron in jail. He was deported from Yemen last week. (Image: @almuslimi/Twitter)

Working in Yemen as a journalist can often feel like being an involuntary character in a clichéd Hollywood drama — a hybrid of a John le Carré novel and a Johnny English-style parody.

In over three and half years living in Yemen I’ve gone on the run from government agencies on four occasions. Looking back months later you either laugh or shake your head in despair at the surreal madness of it all.

One occasion involved a more than six-hour drive across part of rural Yemen popular for US drone strikes, with a local journalist alongside me. Exhausted and relieved, our successful getaway ended just before dawn.

Another was, in hindsight, rather more comical. As Yemen’s uprising intensified in April 2011, district security chief came knocking on the door in the middle of the night. He was looking for journalists and demanded copies of foreigners’ passports. It was a few weeks after soldiers had stormed the house of three foreign journalists who were then deported. The young, clandestine-revolutionary who guarded the apartment block where American journalist Jeb Boone and I were temporarily staying, managed to put the official off until the next day.

Under the cover of darkness we each packed a small rucksack of essentials: cameras, notebooks, and a change of clothes, while planning our escape to a friend’s house which had been left empty following the evacuation of the majority of the ex-pat community due to deteriorating security in Sana’a. As we made our furtive escape, creeping out of the gate in the early hours of the morning we walked straight into a truck full of soldiers parked outside the next-door neighbour’s gate. George Smiley wept.

The third almost ended in disaster. After writing a piece in January last year for The Times on Saudi Arabia’s involvement in America’s covert war in Yemen, on advice, I once again temporarily relocated in Sana’a amid fear of reprisals for my reporting. A couple of weeks after returning to my Old City home the taxi I was travelling in was ambushed outside the Ministry of Defence. A bullet smashed through the window next to my head, hissed through the hair of my driver but miraculously left both of us unharmed. Since then I have probably become the only woman in the world to convert their United Nude shoe bag into a gunshot trauma kit which I’ve since carried with me at all times.

But, as foreign journalists we have little if anything to fear. The worst that’s likely to happen to us, as American journalist Adam Baron found out during his deportation last week, is a 10-hour spell in jail wondering if we’re going to be given a few minutes to pack before being kicked out of the country we call home, without the possibility to return.

While we — the handful of foreign journalists based in Yemen — might have anxious moments once or twice a year, our Yemeni colleagues are constantly under threat. Yemen remains amongst the bottom 15 countries out of 180 in the world for press freedom. A Human Rights Watch report last September concluded that freedom of expression since President Abd-Rabbu Mansour Hadi took power in February 2012 has increased, but along with it, intimidation and violence against journalists has also risen. Yemen’s Freedom Foundation recorded 282 attacks and threats against journalists and media workers in 2013.

While Adam waited anxiously in jail last Tuesday, passport and phone confiscated, unease spread. Officials indicated that “other foreign journalists were next” my name was also mentioned. Not knowing if they’re coming to get you today, tomorrow, or at all, means that despite the relatively benign consequences, you are gripped with an almost unbearable sense of apprehension. Preparing for the worst I informed my editor at The Times in London and started to pack.

Three days later, still waiting, the madness felt like it was closing in. As the sunset over Sana’a on Friday evening one friend called to tell of gunfire and explosions next to his house. Meanwhile I sat in the protective darkness of my stairwell whispering into my phone as I heard the distant voices of two men banging on my front gate. Was this it? Was this the moment I would be forced to leave? My phone — on silent in case it was heard by those outside — lit up. Another friend had just narrowly avoided driving straight into a running gun battle in the south of the city.  I tiptoed down the stairs in the dark and silently slid the two deadbolts across the large wooden door of the ancient Yemeni tower-house that is my home.

The irony is that while the ex-pat community goes into week two of lockdown in Sana’a and Western embassies close to the public due the increasing threat from al-Qaeda attacks, the most persistent threat to journalists on a daily basis is from the government and its intelligence agencies, not so-called militants.

After Adam was deported last week, for the first time, I decided not to run as I have too many times in the past. Without stopping and challenging what the government has done means the persecution of journalists will continue unabated.

There are just a small handful of foreign reporters based full-time in Yemen. Adam and I were the only ones accredited in a country where the government makes it almost impossible to live permanently as a foreign journalist with the correct paper work. Deporting unregistered journalists means no complaints can be made when individuals are thrown out.

As a legally operating reporter I had firm ground to stand on to support Adam and raise questions about why the government has chosen this moment to target him, and possibly me. Was this a personal vendetta against him? Or, was this a concerted effort by the state to remove witnesses? Those who may witness the consequences of a US-backed war currently being waged in the most significant military crackdown against al-Qaeda every carried out in Yemen.

The answers to those questions were partly answered by the manager of immigration who pulled me aside at Sana’a airport on Monday morning when I chose to leave Yemen of my own accord. I realised I’d had enough of the constant cycle of farcical drama, instigated by the state, that comes with living as a journalist in Yemen over three and a half years. I wanted it to stop. To take back control.

Despite the fact that my journalist visa is valid until February 2015, the immigration official began with “you can’t come back…” and ended with “it’s OK, you are allowed to leave now”. For the latter at least I was grateful.

The foreign media may not be welcome in Yemen, but if they are quietly trying to remove us then the greatest threat to be faced will be to domestic reporters. Over a snack of traditional sweet kataif pancakes and chilled apricot juice on my last day in Sana’a on Sunday, I sat with a Yemeni friend and fellow journalist. He acknowledge the need to step back from the madness. “The national security, they get to you,” he said tapping a finger against the side of his head. “You need to go home for some quiet time,” he added. “I got my quiet time…in prison.”

This article was posted on May 14, 2014 at indexoncensorship.org

Five things to remember about Azerbaijan

This week eight young Azerbaijani activists were sentenced to between six and eight years in jail. The members of the N!DA Youth Movement, which works for democracy and social change, were convicted for possession of drugs and explosives, and for intending to “cause public disorder”. The charges are widely believed to be trumped up, and the trials have been criticised by foreign observers over “irregularities” and “shortcomings”, including inconsistencies in testimonies and mishandling of evidence.

This is just the latest addition to a long list of human rights abuses by authorities in the oil rich country. As the repression has largely been allowed to take place away from international attention, this is a good moment to remember a few things about Azerbaijan, especially as the country prepares to take over a six month chairmanship of the Council of Europe’s Committee of Ministers.

1) The six are far from the only political prisoners in Azerbaijan

(Image: Aziz Karimov)

(Image: Aziz Karimov)

According to the latest figures, there are 142 political prisoners in Azerbaijan today. These include human rights defenders, youth activists, and a large number of religious activists, among others. There are currently 17 people serving life sentences. Ahead of the country’s presidential election last October, candidate Ilgar Mammadov was arrested. In March, he was sentenced to seven years in prison for “organizing mass disturbances” and “resisting the police”. Meanwhile, President Ilham Aliyev insists that there are no political prisoners in Azerbaijan.

2) You may escape imprisonment, but you could still face violence and intimidation

5--Azerbaijan-Aziz-Karimov-IMG_0913

(Image: Aziz Karimov)

Attacks, threats and intimidation are regular occurrences for political opponents, activists and press in Azerbaijan. Following protests in the capital Baku as Aliyev secured his third consecutive term in power last October, demonstrators were beaten and detained by police. Police also raided the offices of independent Election Monitoring and Democracy Studies Centre (EMDSC) which reported irregularities in the election. In 2012, reporter Idrak Abbasov was brutally beaten when filming the demolition of a house by the State Oil Company of Azerbaijan, allegedly by employees of the company and police. The same year, fellow journalist Khadija Ismayilova, known for covering corruption among the country’s powerful elite, was blackmailed with intimate images of her and her boyfriend. She continues to face intimidation today. These abuses are often allowed to happen with impunity

3) Independent and critical media are under threat

Rahim Haciyev, deputy editor-in-chief of Azerbaijani newspaper Azadliq (Photo: Alex Brenner for Index on Censorship)

(Image: Alex Brenner for Index on Censorship)

Azerbaijan’s critical press have long been subjected to an array of attacks. Independent news outlets face economic sanctions, and are often barred from distribution networks. Some 70% of distribution is controlled by the government. Most of the nine national TV channels are either directly owned by the state or controlled by the authorities. Journalists also fall victim to legal threats. In the first six months of 2013, 36 defamation suits were brought against media outlets or journalists, four of which were criminal defamation suits. One victim of this hugely restrictive media environment is leading independent paper and Index Award winner Azadliq. The paper has been hit with £52,000 worth of fines following defamation suits, state-owned press distribution company Gasid has not been transferring payments that reflect the paper’s sales. Azadliq claims Gasid owe them some £44,000. 

4) Authorities are on an ongoing PR mission

(Image: Zeljko Joksimovic/Wikimedia Commons)

(Image: Zeljko Joksimovic/Wikimedia Commons)

While the situation inside the country shifts between bad and worse, authorities have focused their attentions on a wide-reaching international PR campaign. Ahead of hosting the Eurovision Song Contest, authorities ordered urban renewal that saw houses demolished and families evicted. Vast sums have in recent years been poured into the radical regeneration and beautification of Baku, and there’s more to come. There is also the posh London bar Baku, owned by the Aliyevs; the glossy, internationally distributed Baku magazine, edited by first daughter Leyla and co-published by Conde Nast; and the sponsorship deal with Champions League finalists Atlético Madrid. Next year, Baku will again play host to a prestigious international event — the inaugural European Games

5) They are about to take charge of one of Europe’s most important human rights bodies

(Image: Sandro Weltin/Council of Europe)

(Image: Sandro Weltin/Council of Europe)

“The Committee of Ministers supervises the execution of judgments of the European Court of Human Rights the Council of Europe…The Committee of Ministers’ essential function is to ensure that member states comply with the judgments and certain decisions of the European Court of Human Rights,” the Council of Europe declare on their website. Next week Azerbaijan will assume the chairmanship of this very Committee of Ministers. But one could say that COE is only sticking to form in its relationship with the country. Only last year, a majority in its Parliamentary Assembly (PACE) voted down a resolution on the existence of political prisoners in Azerbaijan. 

This article was originally published on 8 May 2014 at indexoncensorship.org