Turkey should drop criminal charges against journalists Can Dündar and Erdem Gül

Journalists Erdem Gül and Can Dündar (Photo: Bianet)

Journalists Erdem Gül and Can Dündar (Photo: Bianet)

On the eve of a trial scheduled to start on March 25, 2016, a coalition of leading international free expression and press freedom groups condemns the criminal case targeting Cumhuriyet journalists Can Dündar and Erdem Gül, and calls on authorities in Turkey to drop all charges against them.

Dündar, editor-in-chief of Cumhuriyet, and Gül, the newspaper’s Ankara representative, face accusations of aiding a terrorist organisation, espionage and disclosure of classified documents for reports in Cumhuriyet claiming that Turkey’s intelligence agency secretly armed Islamist rebel groups in Syria. Although those claims previously had been reported widely by other media outlets in Turkey, a criminal case against Dündar and Gül was initiated after Cumhuriyet published a report on May 29, 2015 that included a video purportedly showing Turkish security forces searching trucks owned by the country’s intelligence agency that were travelling to Syria containing crates of ammunition and weapons.

Dündar and Gül were detained in November 2015 and held for nearly 100 days in Turkey’s Silivri Prison until the country’s Constitutional Court ruled that the journalists’ pre-trial detention violated their human rights. Both journalists were subsequently released pending trial following a criminal court order. Nevertheless, Turkish President Recep Tayyip Erdoğan vowed that he would neither recognise nor obey the Constitutional Court’s ruling. Moreover, prominent supporters of the ruling Justice and Development Party (AKP) demanded that Dündar and Gül be returned to prison and they called for Turkey’s citizens’ right to turn to the Constitutional Court to redress violations of their human rights to be curtailed.

The persecution of these two journalists – a gross abuse of government authority in clear violation of the right to press freedom – is by no means an isolated case. At least 13 journalists languish behind bars in Turkey in direct retaliation for their work, and recent months have seen the state seizure of opposition media outlets – including the March 2016 takeover of the Zaman newspaper and Cihan News Agency. Recent months have also seen numerous violations of the right to press freedom in Turkey, including, among many others, the continued misuse of defamation and insult law, as well as anti-terrorism law, to target and silence those who publicly express their dissent from government policies.

Members of the coalition accordingly urge Turkish authorities to drop all charges against Dündar and Gül, and to free all other journalists currently detained in connection with their journalism or the opinions they have expressed. The coalition further renews its previous call on lawmakers in Turkey to take steps to reverse the country’s trend toward authoritarianism, and its call on governments of democratic countries to pressure the Turkish government to end its crackdown on independent media and to meet its human rights commitments under both domestic and international law.

– The International Press Institute (IPI)
– The Committee to Protect Journalists (CPJ)
– Reporters Without Borders (RSF)
– The European Federation of Journalists (EFJ)
– ARTICLE 19
– Index on Censorship
– The Ethical Journalism Network (EJN)
– PEN International
– The South East Europe Media Organisation (SEEMO)

Turkey: Media freedom in crisis

erdogan cropped

The increasingly autocratic government of Recep Tayyip Erdogan, president of Turkey, has clamped down on press freedom and opposing political viewpoints. Index on Censorship has condemned the ongoing attack on freedom of expression and, through its project Mapping Media Freedom, monitored the growing threats to the media. Below is a roundup of our recent reporting on media violations in Turkey.

Below is a roundup of our recent reporting on the ongoing media freedom crisis in Turkey.

Writers and artists condemn seizure of Zaman news group
Index joined with writers, journalists and artists around the world to condemn the seizure of Turkish independent media group, Zaman. Read the full letter

Letter: EU must not ignore collapse of media freedom in Turkey
Press freedom and media organisations wrote to Donald Tusk, president of the European Council ahead of the meeting between EU leaders and Ahmet Davutoğlu, prime minister of Turkey, to express their concern over the collapse of media freedom in Turkey. Read the full letter

Petition: End Turkey’s crackdown on press freedom
Join Index on Censorship, writers, journalists and artists from around the world to condemn the shocking seizure of Turkish independent media group, Zaman. Sign the petition

Turkish court orders seizure of Zaman news group
The seizure of Turkey’s biggest opposition newspaper is the latest move against press freedom in the country. Since the election of Turkey’s president Recep Tayyip Erdoğan in 2014, the increasingly autocratic politician has waged an ongoing war with voices critical of his government. Read the full article

Kaya Genç: On “coup plots”, journalism trials and Turkey’s need for a proper dissensus
The modern crisis in Turkey’s journalistic freedoms began in 2008. Index on Censorship magazine’s Kaya Genc revisits the “coup cases” that ended up turning Turkish journalism into a field of feuds and hostilities. Read the full article

Zaman: The murder of a newspaper
On Friday night, security forces stormed Zaman, the widest-circulating Turkish newspaper. Though many Turkish news outlets studiously avoided covering the raids, the screens of international news channels were full of images of Turkish police using tear gas and water cannon against protestors trying to protect their paper. Particularly striking were the injuries to young women wearing Islamic headgear, the very segment of the community, which the ruling Justice and Development Party (AKP) once vowed to defend. Read the full article

Turkey: A long line of press freedom violations
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. Read the full article

Turkey: War on journalists rages on
The ongoing deterioration in Turkey’s press freedom has been well documented by Index on Censorship’s Mapping Media Freedom project since its launch in 2014. Read the full article

tzZaman’s censored writers
The following columns were submitted to and rejected by the new management of the seized Zaman and Today’s Zaman.

Yavuz Baydar: Bid farewell to journalism, and lose Turkey
Following the presidential attacks on Turkey’s top judicial body, the Constitutional Court, stemming from its pro-freedom ruling over the case of Can Dündar and Erdem Gül of Cumhuriyet, and the unplugging two opposition channels from Türksat satellite, the dramatic seizure of Zaman and this newspaper, Today’s Zaman, both highly influential in their own ways, is one of the final nails in the coffin of journalism in Turkey. Read the full column

Nicole Pope: A lack of free media allows Turkish authorities to control the narrative
How do you write a column for a newspaper that still exists nominally but has been taken over by trustees appointed by an “independent” court? Such are the dilemmas in a country where democratic standards are slipping rapidly. No journalism school or manual of ethical journalism prepares one for such a situation. Read the full column

İhsan Yılmaz: No more genuine elections in Turkey
Just before I wrote my last piece for Today’s Zaman, there were rumors that the Zaman daily, written in Turkish, and Today’s Zaman, would be seized by the government. Read the full column

Suat Kınıklıoğlu: Europa Europa
Turks who are putting up a brave fight confronting the authoritarianism in this country every day are simply aghast at the show put on in Brussels. Turkey’s democrats have been thoroughly exposed to the crude pragmatism of the EU. Read the full column

Yaşar Yakış: Turkey’s bargain with the EU
An important step has been taken in Turkey’s painful negotiations with the EU. Turkey submitted to the Turkey-EU summit, held in Brussels on 7 March, several proposals. Read the full column

Doğu Ergil: Turkey, the humanitarian crisis and erratic responses
The numerical figures of the reality of Syrian refugees in Turkey are as follows: 2.2 million of the 4.3 million displaced Syrians who have been registered as persons of concern by the Office of the United Nations High Commissioner for Refugees (UNHCR) currently reside in Turkey. There is an estimated 400,000 who have settled in various parts of Turkey relying on their own financial resources. The total number of Syrian refugees in Turkey is higher than the entire population of six of the EU’s 28 member states. Read the full column

Doğu Ergil: Turkey, the humanitarian crisis and erratic responses

This column was originally submitted to Today’s Zaman, but was rejected by the new management. Doğu Ergil is a Turkish sociologist, political scientist and academic, and was a columnist for Today’s Zaman.

The numerical figures of the reality of Syrian refugees in Turkey is as follows: 2.2 million of the 4.3 million displaced Syrians who have been registered as persons of concern by the Office of the United Nations High Commissioner for Refugees (UNHCR) currently reside in Turkey. There is an estimated 0.4 million who have settled in various parts of Turkey relying on their own financial resources. The total number of Syrian refugees in Turkey is higher than the entire population of six of the EU’s 28 member states.

What truly scares Europe in terms a massive influx of “others” who can neither be assimilated nor accommodated is not sufficiently evaluated in Turkey. This is due to two factors. First the incumbent government wanted to win the hearts and minds of the Syrian asylum seekers fleeing from a tyrant who they believed would quickly wither away.

The return of the displaced people with gratitude and love for Turkey and its leadership would boost Ankara’s desire to shape the future of Syria and the Levant. Hence their warm welcome was accompanied by thoughts of temporary duress with large dividends to follow.

Secondly, the people of Turkey were influenced by the rekindled ideological rhetoric of Islamic brotherhood/solidarity and reclaiming the old territories of the Ottoman past. However, as years passed and the calculations over Syria changed, the permanence of Syrian refugees became apparent just as the realisation of the magnitude of humanitarian, social, economic and security challenges.

The big question is whether Turkey alone can bear the burden of hosting more than 2.5 million refugees without outside/international aid and support. Here comes the EU threatened by an unprecedented influx that it can neither accommodate nor assimilate. Neither Turkey’s capabilities nor Europe’s political stance have been amenable to a sustainable management of the current refugee crisis.

Consequently, this week necessity brought Turkish and EU leaderships to work out a sustainable process whereby Turkey will build the capacity to host most of the Syrian refugees and Europe will take in a limited number of them through a gradual filtering system. In return, the EU will help Turkey to carry the burden of hosting millions of refugees.

Another matter of bargaining was the lifting of visa requirement for Turkish citizens in the Schengen area. Indeed the Turkish leadership feel discriminated against on this issue when compared with other EU applicant countries (i.e., Western Balkan countries) or with third countries concerning the restrictive EU visa policy. They have concrete expectations from Brussels in this respect.

In fact, a political deal was reached in 2012 for the readmission into Turkey of third-country irregular migrants who enter the EU via Turkey in return for visa liberalisation for Turks traveling to the EU. This agreement is of great sentimentality in the overall EU-Turkey relationship given the fact that the latter’s membership seems to be farfetched.

These issues were the issues discussed by the Turkish prime minister and accompanying officials with EU representatives in Brussels this week. So far information obtained indicates that any passage of refugees further west from the Balkan countries they have reached will be obstructed. This means the so called “the Balkan corridor” will be closed.

Already a series of countries on the route have prevented the entry of migrants of Middle Eastern origin. Brussels does not want individual initiative by member states. Otherwise the crisis cannot be handled effectively. For example Macedonia allows only a limited number of refugees from Greece each day. This leads to a swelling of the number of refugees on the border towns of Greece like Idomeni, where nearly 10,000 wait on. The EU promised 700 million euros to Greece in relief.

What the EU wants is for Turkey to readmit those refugees who are not given legal rights of entry. As German Chancellor Angela Merkel has said, the 3 billion euros earmarked for Turkey can be used to build schools for refugee children and development of employment opportunities for the adults. But these piecemeal and incomplete initiatives are no panacea for either Turkey or the humanitarian crisis born out of the dismal conditions of the Middle East.

First of all given the conditions in the Middle East, namely Syria and Iraq, the return of the displaced people is not a possibility in the short term or even the medium term. Secondly, without peace and stability in the home countries, more asylum seekers will be knocking on the doors of Turkey and Europe.

So it is the mutual responsibility of mankind to end the root causes of the ongoing conflicts and stop the misery of their fellow men and women. We will see if humanity, especially “civilised countries,” will show this acumen and conscientious behavior.

Add your support to Index on Censorship’s petition to end Turkey’s crackdown on media freedom.


Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.

Turkey: A long line of press freedom violations

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.

Mapping Media Freedom routinely reports on instances where journalists have been denied access to information. Most recently, German reporter Frank Nordhausen, a correspondent for the Berlin-based Berliner Zeitung, was arrested while covering the takeover of Zaman. Other journalists exercising their right to report were set on by police.

  • 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. 

Recent examples include the holding of Cumhuriyet newspaper editor Can Dundar and Ankara bureau chief Erdem Gul in pre-trial detention on charges of revealing state secrets and attempting to overthrow the government. This was not an isolated incident.

Sign Index on end Turkey’s crackdown on press freedom.


 

Verified incidents against the media and journalists reported to Mapping Media Freedom between May 2014 and 9 March 2016:

March 2016

February 2016

January 2016

December 2015

November 2015

October 2015

September 2015

August 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

January 2015

December 2014

November 2014

October 2014

September 2014

August 2014

July 2014

June 2014

May 2014