29 Oct 19 | Statements, Uncategorized
İdris Sayılgan’s father Ramazan, mother Sebiha and sisters Tuğba and İrem are waiting for İdris (Credit: Özgün Özçer)
Global press freedom groups, including Index on Censorship, argue Turkey no longer offers domestic remedy
A coalition of 10 international press freedom and journalism organisations has intervened at the European Court of Human Rights (ECtHR) in support of a case brought by İdris Sayılğan, a Turkish-Kurdish journalist jailed since 2016 on baseless anti-terror charges. The intervention focuses on the crucial question of domestic remedy, which has significant implications for the ECtHR’s handling of cases from Turkey.
Jessica Ní Mhainín, policy research and advocacy officer at Index on Censorship said: “Journalists and others in Turkey who have been criminalised and imprisoned for exercising their right to freedom of expression continue to be denied meaningful redress. We are hopeful that the ECtHR will recognise this lack of access to justice by accepting to take up İdris Sayılğan’s case. The situation in Turkey remains deeply concerning and journalists, such as Sayılğan, who speak out on issues relating to Turkey’s Kurdish minority remain particularly at risk.”
Sayılğan worked for the now-shuttered pro-Kurdish Dicle news agency (DİHA) before his arrest on October 7, 2016. Authorities did not inform him of the charge – membership of an armed terrorist organisation – until an indictment was produced nine months later. Typical of Turkey’s ongoing crackdown on the media, prosecutors’ evidence consists solely of Sayılğan’s journalistic work, indicating a politically driven effort to silence criticism.
His detention and trial have been marked by major violations of the right to a fair trial, described in documents filed by Sayılğan’s lawyers before the court. These violations include interference with Sayılğan’s right to legal counsel, denying him the right to appear personally in court, and preventing defence lawyers from calling witnesses. Sayılğan’s appeal to Turkey’s Constitutional Court, filed in July 2018, has gone unanswered. In January 2019, Sayılğan was sentenced to eight years and three months in prison.
The coalition’s intervention argues that the ECtHR should not require applicants from Turkey, such as Sayılğan, to first exhaust all “domestic remedies” – proceeding through all stages of the national-level appeals process – before applying to the Court. This argument is based on evidence that Turkey’s justice system, including the Constitutional Court, no longer offers an effective remedy. Judicial independence has been compromised and courts are unable to address cases in a fair, timely and consistent manner. The ECtHR’s current insistence on domestic remedy in Turkey largely prevents journalists and others from obtaining any meaningful redress to fundamental rights violations suffered.
“Idris Sayılğan’s case is but one of hundreds of examples of arbitrary detention and prosecution of Turkey’s journalists and the abject failure of a judicial system cowed by the political forces unleashed in 2016 to silence criticism,” said IPI Turkey Programmes Manager Oliver Money-Kyrle. “The European Court of Human Rights can offer a first step towards justice by recognising the absence of domestic remedy and accepting to take up Sayılğan’s case.”
A total of 130 journalists are behind bars in Turkey, and most are the victims of a wide-ranging crackdown on critics of the government of President Recep Tayyip Erdogan, which was set in motion following the July 2016 coup attempt and the subsequent enaction of a State of Emergency. Anti-terror laws have been Turkey’s main tool of choice to prosecute the press, though journalists have been frequently held for extended periods without official charges. Indictments invariably rely on journalists’ professional work, including articles, social media posts and conversations with sources. Trials are marked by violations of basic rights of defence.
Sayılğan is represented before the ECtHR by the Media Legal Defence Initiative (MLDI) and the Turkey-based Media and Law Studies Association (MLSA). The application argues violations of Article 5 (liberty and security), 6 (fair trial), 10 (freedom of expression), 13 (effective remedy) and 18 (limitation on rights).
The Intervention was submitted by the International Press Institute (IPI) on Friday, October 18, on behalf of a coalition of leading press and freedom of expression organisations including Article 19, the Association of European Journalists (AEJ), the Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF), English PEN, the European Federation of Journalists (EFJ), Index on Censorship, the International Federation of Journalists (IFJ) and PEN International. The intervention was drafted with the help of international law firm Freshfields Bruckhaus Deringer.
01 Oct 19 | Events
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The recent AFP raids in Australia highlighted that challenges to media freedom are not limited to authoritarian countries.
It has been reported that since 9/11, Australia has seen the introduction or amendment of more than 75 sets of legislation, many of which may impinge on press freedom. Simultaneously, the debate about journalist and whistleblower protection laws has gained momentum.
But where does the security issue fit into this? While a successful democracy is characterised by a free press, it remains true that there are often good reasons for secrecy and confidentiality. How can we reconcile the conflicting perspectives of press freedom and security?
As part of the Integrity 20 conference, Index chief executive and 2019 Freedom of Expression Award winner Mimi Mefo join a panel of experts to discuss challenges to media freedom worldwide.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
When: Friday 25 October, 12.15pm
Where: Conservatorium Theatre, South Bank Brisbane
Tickets: AUS $153
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12 Sep 19 | Magazine, Magazine Contents, Volume 48.03 Autumn 2019
[vc_row][vc_column][vc_custom_heading text=”With contributions from Kerry Hudson, Chen Xiwo, Elif Shafak, Meera Selva, Steven Borowiec, Brian Patten and Dean Atta”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Border forces – how barriers to free thought got tough
The autumn 2019 Index on Censorship magazine looks at how borders are getting tougher, journalists are being stopped, visas refused and border officials are snooping into our social media profiles and personal messages. Nations are looking to surveil our thoughts before allowing us to come into their countries and so limiting freedom of expression and the free flow of ideas.
In this issue Steven Borowiec reports from South Korea about how the law means that you can be prosecuted for contacting your relatives in the north without permission; Meera Selva looks at how internet shutdowns are being used round the world to prevent people communicating, most recently in Kashmir; Mark Frary gives tips for LGBT people on how to protect themselves when crossing borders into countries where they might face discrimination. Charlotte Bailey and Jan Fox look at how it is getting tougher in the UK and USA for artists, writers and academics to get visas; and Kaya Genç digs into Turkey’s censorship of the internet. In the rest of the magazine, writers Emilie Pine, Elif Shafak and Kerry Hudson, and theatre director Nicholas Hytner reflect on past famous Index contributors, Václav Havel, Nadine Gordimer, Samuel Beckett and Arthur Miller. We have an extract of the script of the 1977 film Le Camion by Marguerite Duras which has never appeared in English before, and poems by taboo-breaking poet Dean Atta and the Liverpool Poet Brian Patten. We also have an extract of a story by censored Chinese writer Chen Xiwo about a mother and her daughter and their abusive relationship. Plus Index magazine’s first ever crossword by Herbashe.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Special Report: Border forces: how barriers to free thought got tough”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Big brother at the border by Rachael Jolley
Switch off, we’re landing! by Kaya Genç Be prepared that if you visit Turkey online access is restricted
Culture can “challenge” disinformation by Irene Caselli Migrants trying to cross the Mediterranean to Europe are often seen as statistics, but artists are trying to tell stories to change that
Lines of duty by Laura Silvia Battaglia It’s tough for journalists to visit Yemen, our reporter talks about how she does it
Locking the gates by Jan Fox Writers, artists, academics and musicians are self-censoring as they worry about getting visas to go to the USA
Reaching for the off switch by Meera Selva Internet shutdowns are growing as nations seek to control public access to information
Hiding your true self by Mark Frary LGBT people face particular discrimination at some international borders
They shall not pass by Stephen Woodman Journalists and activists crossing between Mexico and the USA are being systematically targeted, sometimes sent back by officials using people trafficking laws
“UK border policy damages credibility” by Charlotte Bailey Festival directors say the UK border policy is forcing artists to stop visiting
Ten tips for a safe crossing by Ela Stapley Our digital security expert gives advice on how to keep your information secure at borders
Export laws by Ryan Gallagher China is selling on surveillance technology to the rest of the world
At the world’s toughest border by Steven Borowiec South Koreans face prison for keeping in touch with their North Korean family
Stripsearch by Martin Rowson Bees and herbaceous borders
Inside the silent zone by Silvia Nortes Journalists are being stopped from reporting the disputed north African Western Sahara region
The great news wall of China by Karoline Kan China is spinning its version of the Hong Kong protests to control the news
Kenya: who is watching you? by Wana Udobang Kenyan journalist Catherine Gicheru is worried her country knows everything about her
Top ten states closing their doors to ideas by Mark Frary We look at countries which seek to stop ideas circulating[/vc_column_text][/vc_column][/vc_row][vc_row disable_element=”yes”][vc_column][vc_custom_heading text=”Global View”][vc_column_text]Small victories do count by Jodie Ginsberg The kind of individual support Index gives people living under oppressive regimes is a vital step towards wider change[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In Focus”][vc_column_text]Germany’s surveillance fears by Cathrin Schaer Thirty years on from the fall of the Berlin wall and the disbanding of the Stasi, Germans worry about who is watching them
Freestyle portraits by Rachael Jolley Cartoonists Kanika Mishra from India, Pedro X Molina from Nicaragua and China’s Badiucao put threats to free expression into pictures
Tackling news stories that journalists aren’t writing by Alison Flood Crime writers Scott Turow, Val McDermid, Massimo Carlotto and Ahmet Altan talk about how the inspiration for their fiction comes from real life stories
Mosul’s new chapter by Omar Mohammed What do students think about the new books arriving at Mosul library, after Isis destroyed the previous building and collection?
The [REDACTED] crossword by Herbashe The first ever Index crossword based on a theme central to the magazine
Cries from the last century and lessons for today by Sally Gimson Nadine Gordimer, Václav Havel, Samuel Beckett and Arthur Miller all wrote for Index. We asked modern day writers Elif Shafak, Kerry Hudson and Emilie Pine plus theatre director Nicholas Hytner why the writing is still relevant
In memory of Andrew Graham-Yooll by Rachael Jolley Remembering the former Index editor who risked his life to report from Argentina during the worst years of the dictatorship[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][vc_column_text]Backed into a corner by love by Chen Xiwo A newly translated story by censored Chinese writer about the abusive relationship between a mother and daughter plus an interview with the author
On the road by Marguerite Duras The first English translation of an extract from the screenplay of the 1977 film Le Camion by one of the greatest French writers of the 20th century
Muting young voices by Brian Patten Two poems, one written exclusively for Index, about how the exam culture in schools can destroy creativity by the Liverpool Poet
Finding poetry in trauma by Dean Atta Male rape is still a taboo subject, but very little is off-limits for this award-winning writer from London who has written an exclusive poem for Index[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Column”][vc_column_text]Index around the world: Tales of the unexpected by Sally Gimson and Lewis Jennings Index has started a new media monitoring project and has been telling folk stories at this summer’s festivals[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Endnote”][vc_column_text]Endnote: Macho politics drive academic closures by Sally Gimson Academics who teach gender studies are losing their jobs and their funding as populist leaders attack “gender ideology”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”Subscribe”][vc_column_text]In print, online, in your mailbox, on your iPad.
Subscription options from £18 or just £1.49 in the App Store for a digital issue.
Every subscriber helps support Index on Censorship’s projects around the world.
SUBSCRIBE NOW[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Read”][vc_column_text]The playwright Arthur Miller wrote an essay for Index in 1978 entitled The Sin of Power. We reproduce it for the first time on our website and theatre director Nicholas Hytner responds to it in the magazine
READ HERE[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Listen”][vc_column_text]In the Index on Censorship autumn 2019 podcast, we focus on how travel restrictions at borders are limiting the flow of free thought and ideas. Lewis Jennings and Sally Gimson talk to trans woman and activist Peppermint; San Diego photojournalist Ariana Drehsler and Index’s South Korean correspondent Steven Borowiec
LISTEN HERE[/vc_column_text][/vc_column][/vc_row]
22 Jul 19 | Campaigns -- Featured, Media Freedom, media freedom featured, Statements
[vc_row][vc_column][vc_single_image image=”108086″ img_size=”full”][vc_column_text]European Commission President Ursula von der Leyen
European Commission
Rue de la Loi 200
1049 Brussels
Belgium
19 July 2019
Dear President von der Leyen,
We are writing as members of the press freedom community to congratulate you on your appointment as President of the European Commission, and to urge you to ensure that media freedom, the protection of journalists, and EU citizens’ access to information are top political priorities over the coming term of your Commission.
The last Commission took important steps to address media freedom. But given the rapidly changing media environment, increasingly severe threats and restrictions to press freedom, and the recent murders of journalists, more must be done. We, the undersigned organizations, strongly urge you to appoint a Vice-President of the new Commission with a clear and robust mandate to use all available EU mechanisms, including policy, legislation, and budget, to defend press freedom and the safety of journalists. In particular, we urge you to explicitly list this mandate in your mission letter to one of the Vice-Presidents establishing it as a political priority over the next five-year term.
We ask that the Vice-President have a sufficiently robust and far-ranging mandate to address the following areas of reform:
- Creating an enabling legal and regulatory environment for free, independent, pluralistic, and diverse media and the safety of journalists, whether staff, freelancers, or bloggers. Journalists need to be protected from judicial harassment, arbitrary surveillance, defamation, overly broad national security and anti-terrorist legislation, as well as SLAPP and tax laws.
- Protecting journalists, freelancers, and bloggers from physical, legal, psychological, and digital threats, and ensuring access to effective protection and prevention measures and mechanisms, with specific attention to the risks facing female journalists.
- Combating impunity for all attacks against journalists, freelancers, and bloggers, including support and capacity-building for law enforcement, prosecutors, and the judiciary and the development of specialized protocols for investigations.
- Continuing to combat disinformation through robust public defense of independent journalism and its critical importance in democracy. This should accompany efforts to increase public understanding of media freedoms, supporting social media self-regulation, and building media literacy.
- Supporting sustainable models for independent journalism in promoting media independence, pluralism, and diversity, as well as allowing for effective self-regulation, capacity building, and training.
Media freedom and pluralism are pillars of modern democracy. For the next Commission to guarantee European citizens their right to access to information, it must use the coming term to address the numerous threats to journalism. We hope you will take steps to ensure it does.
We would welcome the opportunity to meet with you and thank you in advance for taking our concerns into consideration. We look forward to receiving your response.
Sincerely,
Alliance Internationale de Journalistes
Article 19
Association of European Journalists
Committee to Protect Journalists
English PEN
European Federation of Journalists
European Journalism Centre
European Media Initiative
European Centre for Press and Media Freedom
Free Press Unlimited
Global Forum for Media Development
IFEX
Index on Censorship
International Press Institute
Media Diversity Institute
PEN International
Reporters Without Borders
Rory Peck Trust
South East Europe Media Organisation (SEEMO)
World Association of News Publishers (WAN-IFRA)[/vc_column_text][/vc_column][/vc_row]
