Journalists Under Threat Around the World: Turkey

Iran is a dangerous place to be a journalist, particularly when it comes to reporting on sensitive topics, from religion and politics to gender and society. Dozens of journalists are in prison, and many others face intimidation, harassment and threats. Media freedom in Iran is in a poor state, ranking 165 out of 180 in this year’s Reporters Sans Frontiers’ World Press Freedom Index, which assesses media freedom around the world.

But how does Iran compare to other countries, in the region and further afield?

In this series, we look at four countries where press freedom is under threat, where journalists are targeted and silenced, and the rights of ordinary citizens are undermined. 

 

 

 

 

REPORT ON FREEDOM OF PRESS & EXPRESSION: TURKEY
Freedom in the World score, 2017 (Freedom House)	147th (out of 211 countries: "partly free")
Freedom of Information ranking, 2016 (RSF)	151st (out of 180 countries: -2 from 2015)
Journalists in prison in Dec 2016 (CPJ)	81 (highest in world)
Journalists killed since 1992 (CPJ)	25 (13th highest in world)

 

Turkey has experienced a sharp decline in freedom of the press and expression over recent years. State harassment and persecution of reporters continues to grow, alongside attempts to pressure media outlets through censorship and financial leverage.

President Recep Tayyip Erdoğan’s Justice and Development Party (AKP) – the ruling party since 2002 – wields significant political and economic power over the press, and has increasingly pursued journalists through the courts using criminal defamation laws, anti-terrorism legislation and the penal code. The government also frequently blocks websites and social media accounts, and bans certain “sensitive” topics from public discussion. These include: insulting the president and public officials, anti-Islamic sentiment, Kurdish issues, LGBT rights and the Armenian genocide.

The Syrian conflict and clashes with the Kurdistan Workers’ Party (PKK) militant group provided the original pretext for the crackdown, while an attempted coup on July 15, 2016 supplied the catalyst for further media suppression. Following the latter, President Erdoğan declared a three-month state of emergency – later extended – and implemented the mass arrest, detention and dismissal of journalists, activists and other perceived opponents.

Self-censorship is common across traditional media due to fear of harassment, legal reprisal and/or loss of employment. The prospect of detention is a strong deterrent: jail conditions rarely live up to international standards, and beatings and sexual assault are widespread. Despite these pressures, however, the Turkish blogosphere remains relatively free and diverse. Many leading commentators now write for smaller online outlets, which are less susceptible to political pressure.

Following a two-year hiatus, Turkey once again holds the dubious honour of being the world's largest jailer of journalists: 81 were in prison in December 2016, according to the Committee to Protect Journalists (CPJ), and 143 according to the Turkish Journalists' Association (TGC).

 

Economic Climate

 

Approximately 3,100 newspapers operate in Turkey, including 180 nationals, according to recent government statistics. There are also hundreds of private television channels and more than 1,000 commercial radio stations. The state news agency Anadolu Agency (AA) and public broadcaster Turkish Radio and Tele-vision (TRT) are controlled by the government through the appointment of party-affiliated personnel. Several major media outlets have also been brought under de facto government control over recent years, while independent organizations that fail to toe the party line have been shut down.

A small number of large, private holding companies dominate media ownership. The majority of their assets are non-media-related, including energy, construction, mining and financial services. The government's control over public procurement contracts worth tens of billions of dollars allows it to wield considerable influence over these conglomerates. The sizeable advertising budgets of state-controlled industries, such as banks and telecoms companies, are also used to incentivize loyalty, with pro-government outlets receiving significantly more ad revenue than independent competitors.

One example of the AKP's powerful leverage over the media is Albayrak Yayın Holding, which runs a daily newspaper, seven magazines and two TV channels. The conglomerate has close personal ties to President Erdoğan and has won dozens of public tenders over the past 20 years, including a €190 million contract to deliver tanks for the Ministry of National Defence.

 

Legal Climate

 

The vigor with which the state pursues journalists and media organizations through the courts is highly damaging to freedom of the press and free expression. Gagging orders are frequently used to block the publication of information deemed critical or hostile to state interests, while lawsuits unfairly criminalize independent truth-seekers and encourage widespread self-censorship.

While the Turkish Constitution includes overarching protections for freedom of speech, provisions of the penal code, criminal defamation laws and anti-terrorist legislation are applied with broad discretion. The judiciary lacks impartiality and independence, and trials against journalists are rarely fair and balanced.

Prominent officials, including President Erdoğan, frequently initiate criminal defamation cases against journalists, cartoonists, artists and academics, resulting in heavy fines and prison terms. The anti-terrorism law has been widely criticised for its broad definition of terrorism, which is regularly exploited by courts. The European Court of Human Rights (ECtHR) has found in multiple rulings that specific provisions of the law amount to censorship and violations of free expression.

Likewise, Article 301 of the penal code, which prescribes prison terms of six months to two years for “denigration of the Turkish nation,” can be used to punish journalists who discuss the division of Cyprus, criticize the security forces or state that genocide was committed against the Armenians. Few people are convicted under this law, but the time-consuming, expensive trials exert a chilling effect on freedom of speech.

Other penal code provisions used against journalists include Article 216, which bans incitement of hatred or violence based on ethnicity, class or religion, and Article 314, which pertains to membership of an armed organization and is regularly cited in cases against Kurds and leftists. Other articles penalize “terrorist propaganda” and the publication of statements from illegal groups.

Amendments made in 2014 to Law No. 5651, Turkey's internet law, created a further obstacle to free expression by expanding powers to block websites on vaguely defined grounds and without prior court approval – though a court must uphold the order within 48 hours for a block to remain. In December 2015, the ECtHR ruled that the blocking of YouTube in 2008 violated the right to freedom of expression.

The Supreme Council of Radio and Television (RTÜK), which is dominated by AKP-affiliated members, has the authority to sanction broadcasters if they break the law or violate council guidelines. Between January 7 and  November 18 2015, RTÜK issued 168 fines to TV channels, according to Turkish press freedom monitor Bianet.

The Directorate General of Press and Information, overseen by the prime minister’s office, has long used a discriminatory accreditation system to screen out unfavorable journalists and limit access to government offices. Further restrictions introduced in August 2015 prompted the withdrawal of the Turkish Journalists’ Association (TGC) and Turkish Journalists’ Union (TGS) from the Press Card Commission. According to the TGS, only 1.5 percent of journalists currently belong to a union.

 

Key Events

– 2015 –

In 2015, the government attempted to strengthen its hold over the media through censorship, intimidation, prosecutions and financial leverage. At least 348 journalists and media workers lost their jobs, and 104 faced physical attacks or threats, according to Bianet.

Social media platforms were temporarily blocked on several occasions during the year, usually following terrorist attacks, while mobile and internet connections were repeatedly suspended. Turkey accounted for almost 90 percent of all requests to restrict Twitter content in the second half of 2015, according to Freedom House. The number of blocked websites surpassed 100,000 by the end of the year, according to internet censorship monitor Engelli Web.

In March, the law was amended to permit intelligence-related wiretapping for 48 hours (increased from 24) in urgent situations without a judge’s permission. Despite constitutional guarantees, most forms of telecommunication continue to be tapped and intercepted.

General elections in June and November, and a series of deadly terror attacks, heightened tensions in the country. Following the bombings, authorities blocked hundreds of URLs and social media sites related to the attack sites, while 3G networks were frequently restricted in the south-east.

Shortly before the November election, an Ankara court ordered that Koza İpek Holding and its companies be placed under the control of government-appointed trustees. The move was part of an investigation into the conglomerate’s alleged ties to Fethullah Gülen, an Islamic preacher living in self-imposed exile in the US, who enjoys widespread influence in Turkey. Dozens of journalists were subsequently dismissed and coverage became more favourable to the AKP.

In November, Cumhuriyet's editor-in-chief, Can Dündar, and Ankara bureau chief, Erdem Gül, were charged with terrorism-related offences and publicly threatened by the president after publishing information about Turkey's alleged supply of weapons to jihadists in Syria. Cumhuriyet is one of the last remaining independent newspapers in Turkey and is the target of regular state harassment.

 

– 2016 –

 

The government's crackdown on freedom of the press and expression continued throughout 2016. During the first half of the year, Twitter reported nearly 2,500 requests from Turkish state authorities to remove content: by far the most for any country in the world. However, repressive measures hit new heights following an attempted coup on July 15, which saw more than 150,000 people dismissed or detained, and the closure of thousands of allegedly anti-government educational establishments and media outlets.

Approximately 10,000 people were under investigation on suspicion of terrorist propaganda and insulting senior state officials on social media at the end of the year, according to the Turkish Ministry of Interior Affairs. Statistics produced by Engelli Web stated that more than 115,000 websites were blocked in 2016, up from 105,958 in 2015.

In January, more than 1,400 academics were accused of treason after signing a petition calling for an end to the military campaign against Kurdish population centers. More than two dozen were detained by police and several were fired from their jobs.

On February 2, journalist Hayri Tunç was arrested – and later jailed for two years –  on terrorism-related charges for social media posts about a Kurdish militant. Later in February, 23-year-old university student Gizem Yerik was detained for defaming the president and spreading PKK propaganda through social media. Following her trial, she was jailed for nearly five years.

In March, all pictures and footage of two terrorist attacks were banned, and 214 URLs were blocked. On March 4, Gülen-linked newspapers Zaman and Today’s Zaman, as well as Cihan News Agency, were seized and new pro-government editorial boards put in place.

In May, former “Miss Turkey” Merve Büyüksaraç (below) was given a 14-month suspended sentence for sharing a satirical poem on Instagram relating to President Erdoğan and a corruption scandal. In the same month, Cumhuriyet editor Can Dündar was jailed for nearly six years for revealing state secrets.

 

In June, the Turkish representative of Reporters sans Frontieres and the president of the Human Rights Foundation of Turkey were arrested for publishing “terrorist propaganda” during their editorship of the pro-Kurdish newspaper Özgür Gündem. They were participating in a solidarity campaign in which personalities acted as one-day honorary editors to protest state harassment of the paper.

In July, President Erdoğan used the unsuccessful coup to justify a renewed attack on the media and civil society. He claimed the operation was masterminded by Gülen, an Erdoğan ally-turned-dissident frequently used as a scapegoat for social and political unrest. Following the declaration of a state of emergency, more than 150,000 alleged Gülen allies, Kurdish militants, opposition forces and civil servants were dismissed or detained.

Within two weeks of the coup, 131 media outlets had been closed and arrest warrants issued for 89 journalists. In August, the Telecommunication and Communication Presidency (TİB) was shut down over suspicions it was used by Gülenists as a “headquarters for illegal wiretapping.” In addition, the government suspended nearly 4,000 academics, closed more than 1,000 private schools and 15 universities, and dismissed more than 11,000 teachers.

By the end of October, 170 outlets had been closed and more than 700 journalists had had their credentials revoked. Ownership of many remaining media outlets was transferred to AKP supporters. On October 31, police raided the office of Cumhuriyet and arrested 13 executives, including editor-in-chief Murat Sabuncu, due to alleged crimes committed in the name of Gülen and PKK organizations.

In November, 13 HDP parliamentarians, including the party’s two leaders, were arrested for refusing to give testimony in an investigation of alleged “terrorist propaganda”. The government also shut down the Kurdish all-female news agency JINHA, along with several other media outlets.

Journalist Ahmet Şık was arrested in December
 

On 18 November, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye, expressed concern at the situation in Turkey. He stated: “The press, individuals online, artists, opposition voices and many others face unprecedented pressure, from censorship to outright detention.”

In December, the International Press Institute launched an online database to record harassment of journalists: www.onthelinedb.ipi.media. On December 19, Cumhuriyet investigative journalist Ahmet Şık was detained on terrorism charges due to coverage critical of the government.

 

– 2017 –

 

In just the first three months of 2017, dozens of journalists have been detained, prosecuted and convicted on spurious legal charges. The vast majority incarcerated in the aftermath of the attempted coup are still awaiting trial, and requests for release are generally rejected.

Detailed analysis by independent press censorship monitor Turkey Purge, updated on April 10, states that 134,194 people have been sacked and 97,845 detained (including 231 journalists) following the attempted coup. In addition, 2,099 schools and universities have been shut down, 7,317 academics fired, 4,317 judges and prosecutors dismissed and 149 media outlets closed.

On January 14, human rights defender Şanar Yurdatapan and publisher İbrahim Aydın Bodur were jailed for 15 months for terrorism offences related to their solidarity campaign with Özgür Gündem. They were the first two convictions of 36 cases associated with the campaign.

In February, ARTICLE 19, PEN International and Reporters Without Borders monitored the hearings of several criminal cases against journalists and human rights defenders, and voiced “deep concern” about the lack of due process.

On February 13, Aslı Ceren Aslan, news editor for the pro-Kurdish newspaper Özgür Gelecek, was charged with terrorism-related offences. Security forces strip-searched Aslan twice and beat her, according to the newspaper. On  February 17, Turkish-German dual national Deniz Yücel, Turkey correspondent for Die Welt, was charged with terrorism-related offences after publishing reports about leaked emails between Turkey's energy minister and President Erdoğan's son-in-law.

On February 22, the International Press Institute unveiled a new website, www.freeturkeyjournalists.com, to provide information on media freedom issues. The following day, Turkish Deputy Prime Minister Numan Kurtulmuş threatened the press: “I am saying very clearly that the media will have to watch [their] step [...].,” he announced.

On February 24, the ECtHR agreed to accept an application filed on behalf of writers and journalists Ahmet and Mehmed Altan. Both are accused of participating in the failed July 2016 military coup by sending “subliminal messages” in a televised debate the night before.

On February 25, a story in the daily newspaper Hürriyet that quoted unnamed military officers criticizing government decisions prompted a criminal investigation and the replacement of the editor. Shares in Hürriyet's publisher, Doğan Holding, subsequently fell 12 percent.

In March, official figures showed that more than 40,000 people detained after the coup attempt remained in pre-trial detention. In the same month, suspended sentences and fines were issued for several participants who took part in the solidarity campaign with Özgür Gündem.

On March 2, JİNHA journalist Zehra Doğan (above) was jailed for nearly three years for terrorism-related offences. On  March 8, Turkish Economy Minister Nihat Zeybekçi announced plans to sue Die Welt for insulting him and President Erdoğan. On March 14, former Özgür Gündem news editor İnan Kızılkaya and publisher Kemal Sancılı were refused bail pending the conclusion of their trial on terrorism-related charges. Kızılkaya faces more than 100 criminal cases relating to coverage in the paper.

On March 15, PEN International, Index on Censorship, ARTICLE 19 and 65 other organisations released a statement of concern regarding the continued deterioration of media freedoms in Turkey. They stated that more than 180 news outlets had been shut down during the state of emergency, and that at least 148 writers, journalists and media workers remained in prison.

On March 17, the former news editor for the closed Kurdish daily Azadiya Welat, Aydın Atar, was sentenced to more than nine years for terrorism-related offences. On  March 28, the trial of 29 journalists and media workers accused of links to Gülen began in Istanbul; most had already spent eight months in pre-trial detention.

On April 1, wire reporter Ömer Gül was sentenced to six years’ imprisonment for terrorism-related offences. On  April 3, Turkey's judicial oversight board, chaired by the Minister of Justice, suspended three judges after they ordered the release of detained journalists. On April 4, 19 journalists and other employees of Cumhuriyet were charged with terrorist offences relating to support for Gülen, the PKK and the far-left group DHKP/C. Some face up to 43 years in prison.

On April 10, former Bianet editor Yunus Önal was jailed for more than six years for “being a member of an illegal organization.” In a statement to Bianet, Önal said: “What I did was journalism. I worked with the Kurdish, which has been banned for decades and is despised by the state.”

On April 12, 13 writers and journalists accused of working for the media arm of an alleged terrorist organization were acquitted of all charges following a landmark six-year trial. One of the defendants, Kaşif Kozinoğlu, died while in prison.

On April 16, the country voted yes in a referendum to introduce constitutional amendments to change Turkey's governance structure from a parliamentary to a presidential system. The changes will significantly increase President Erdoğan's powers and could allow him to remain in power until 2029.