Expression Interrupted

Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.

Freedom of Expression and the Press in Turkey – 444

Freedom of Expression and the Press in Turkey – 444

ECtHR to prioritize Kavala’s second application; CHP MP Utku Çakırözer releases press freedom report; Mesopotamia Women Journalists Association releases violations report

ECtHR to prioritize examining Osman Kavala’s second application

 

The European Court of Human Rights (ECtHR) has decided to prioritize examining the second application by businessperson and philanthropist Osman Kavala, who was arrested and sentenced to life imprisonment in the Gezi trial. The ECtHR has announced that it had conveyed questions to the government of Turkey to examine the application.

 

According to the statement, the ECtHR conveyed the application dated 18 January 2024 to the government of Turkey on 21 March 2024 and requested the government to present its defense to the court by 16 July 2024.

Kavala’s second application includes the following complaints:

- Osman Kavala’s imprisonment since 10 December 2019 until the present is wholly unlawful (article 5 of the European Convention on Human Rights);

- Local courts have not examined the lawfulness of Osman Kavala’s imprisonment with sufficient speed (article 5.4 of the ECHR);

- Osman Kavala’s right to a fair trial has been gravely violated (articles 6.1, 6.2 and 6.3(d) of the ECHR);

- Osman Kavala’s conviction over article 312 of the Turkish Penal Code (attempt to overthrow the government) does not comply with the criterion of predictability (article 7 of the ECHR);

- Osman Kavala’s arrest, prosecution and imprisonment are aimed at silencing and punishing him for being a human rights advocate and constitute a severe restriction of the freedom of expression and the freedom of association (articles 10 and 11 of the ECHR);

- Osman Kavala’s arrest, the verdict and aggravated life imprisonment sentence were politically motivated. The political motive in question is to silence and punish him (article 18, along with article 5, 6, 7, 10 and 11 of the ECHR);

- The excessively long, arbitrary, politically motivated and unlawful arrest of an innocent person and the lack of possibility of access to revision for the life imprisonment sentence constitute a violation of article 3 of the ECHR.

In its judgment dated 10 December 2019, the ECtHR established that Osman Kavala’s arrest was arbitrary and politically motivated and ordered Kavala’s immediate release. As Osman Kavala was not released as per this judgment, the Committee of Ministers of the Council of Europe had launched an “infringement procedure” against Turkey. In its judgment regarding the “infringement procedure” dated 11 July 2022, the Grand Chamber of the ECtHR stated that “the Court’s finding [on 10 December 2019] of a violation of Article 5 § 1, read separately and in conjunction with Article 18, had vitiated any action resulting from the charges relating to the 2013 mass protests and the attempted coup.” However, courts in Turkey ignored these two binding judgments and in 2022, Osman Kavala was convicted of “attempting to overthrow the government” and sentenced to life imprisonment.

Click here for details of the case and its background.

CHP MP Utku Çakırözer releases press freedom report

Former journalist and Republican People’s Party (CHP) MP for Eskişehir Utku Çakırözer has made the March 2024 Press Freedom Report publicly available.

Violations of the freedom of the press included in the report are as follows:

- In 42 instances in March, journalists had to appear before a court to defend their news items and posts.

- BirGün Managing Editor Uğur Koç and journalist Levent Gültekin were sentenced to 11 months and 20 days of imprisonment for insulting the president.

- Journalist Dilan Esen was ordered to pay an administrative fine worth TL 7,080 following a complaint about her news item filed by Culture and Tourism Minister Tourism Mehmet Nuri Ersoy.

- Birgün reporter İsmail Arı, who was already facing five investigations over complaints by current and former ministers now faces another investigation over his news item concerning the relationship between the Turkish Red Crescent management and the Menzil congregation.

- An investigation has been launched against BirGün editor Kayhan Ayhan, who reported on allegations of violent treatment of villagers by law enforcement in Bursa.

- Journalists who were obtaining images were removed from areas containing ballot boxes by the police, despite there being no legal prohibition on obtaining images.

- Eskişehir Mayoral Candidate for the Cumhur Alliance Nebi Hatipoğlu censored some journalists who tried to take photos of him on the day of the election. Hatipoğlu would not let some journalists take photos or images, telling them “You are the CHP’s press organization.”

- Journalist Mahmut Bozarslan was denied accreditation to follow President Erdoğan’s Diyarbakır rally on 27 March 2024.

- State-run TRT Haber (TRT News), which featured only governing Justice and Development Party (AKP) candidates and no CHP candidates during its broadcasts on electoral campaign which began on 1 January 2024, also broadcast the AKP publicity films featuring President Recep Tayyip Erdoğan and AKP candidates for İstanbul, İzmir and Kepez throughout the election day on 31 March.

- Many journalists were prevented from reporting on societal events in March and journalists who were following Newroz activities in İstanbul were assaulted. AFP reporter Eylül Deniz Yaşar was assaulted and detained. Bianet news site editors Tuğçe Yılmaz, Ali Dinç and Aren Yıldırım were obstructed by the police.

- BirGün contributor Attila Aşut was detained and interrogated over his phone conversations with journalists Güray Öz and Erdem Gül and poet Abdülkadir Paksoy.

- Members of the AKP Youth Contingent attacked journalist Bilal Güldem, who was accompanying his father for treatment at the Batman State Hospital.

Mesopotamia Women Journalists Association releases violations report

 

The Mesopotamia Women Journalists Association (MKG) has released its report on violations faced by woman journalists in March 2024.

 

According to the report, which emphasizes that attacks against the freedom of the press not only limit the rights and freedoms of journalists but all members of society, in March 2024 two women journalists were detained; three women journalists experienced maltreatment; one woman journalist was threatened; one woman journalist was obstructed from reporting; an investigation was launched against one woman journalist, and seven women journalists remained in remand.

 

At least 28 journalists and media workers in prison

 

As of 12 April 2024, there are at least 28 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a sentence.

The full list can be accessed here

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