Press Freedom Upside Down!

BIA Media Monitoring Report October-November-December 2013: Press Freedom Upside Down! 

Despite all appeals from journalists, journalism organizations and human rights activists, no policemen stood trial for charges related to assaulting more than 150 media representatives across the country including Istanbul and Ankara. 

From the beginning of Gezi Resistance protests on May 27 to September 30, at least 153 journalists were injured while reporting and 39 were detained by the police. 

On the other hand, authorities have already launched investigations against Lorreine Klein (a journalism student from France) and Mattia Cacciatori (a photographer from Italy) for “attending an illegal demonstration” and “resisting to police officers”. 

Regarding the protests as a part of an international plot, prosecutors accused international media organizations to distort the nature of events in their indictments. 

Oppressive laws toppled by instability 

BIA Media Monitoring Report October-November-December 2013 revealed how press freedom and freedom of expression have been compromised in a period when tension arose between the government and bureaucratic institutions in Turkey. 

The report observed that press accreditations became a powerful weapon which could be interpreted as “declaration of war” and result in pressuring the judicial system during the process.  

Media structures harshly targeted each other as a result of tensions between ruling AKP and Fethullah Gülen Movement. 

Previously, republican/secular journalists were laid off for their criticism. Now journalists are laid off due to their position in the AKP and Fethullah Gülen Movement conflict. PM Erdoğan, government officials and their spokespeople targeted pro-Gülen newspapers Zaman, Today’s Zaman and Bugün. 

AKP - Fethullah Gülen Movement tensions could lead  to delays not only regarding the EU accession negotiations but also Kurdish Question, domestic peace, press freedom and other social problems. 

Right violations against journalist still continue: Even though no officials stood trial for illegal phone tappings, journalists are still being charged for recording phone conversations. 

Even though the protection of top secret government information and personal confidentiality may cause violations, journalists’ right to preserve their news sources remains only on the paper. In addition, Article 301 is still being applied in various cases. 

While PM Erdoğan has been on the hot spot during the Gezi Resistance, he countersued social media users, journalists and other dissidents. 

Convictions

13 defendants including 4 journalists have been convicted of “terrorism” charges according to Turkish Penal Code and Anti-Terror Act with 2 life sentences and a total of 1,609 years and 4 months of prison and 2,526,640 lira fine. 

Highlights from Media Monitoring

Topics from BIA Media Monitoring Report include "jailed journalists", "attacks, threats and impediments", "prosecutions, new-ongoing trials, verdicts", "Turkish Penal Code Articles 285-288”, "defamation, personal rights and non-pecuniary damage demands", "banned, closed, seized publications", "ECHR", "Turkish Radio and Television High Council" and “Gezi Resistance”. 

Jailed Journalists: Majority from Kurdish media 

Prosecutions and arrests on Turkey’s journalists due to Turkish Penal Code and Anti-Terror Act resumed between October and December 2013. Some of the charges on journalists and publishers / media representatives included: “Being a member of an illegal and armed organization”, “Committing a crime for an illegal organization without being a member”, “Aiding an illegal organization willingly and knowingly without being a part of its hierarchy” and “founding, managing and commanding an illegal organization”.

59 journalists and 23 publishers entered 2014 behind bars in Turkey for charges related to “terrorism” according to Turkish Penal Code and Anti-Terror Act. 

In addition to that, 34 of 59 jailed journalists and all 23 publishers are from Kurdish media.

Turkey’s 59 jailed journalists have been standing trial for the following cases: KCK, PKK and DYG (34), DHKP-C (9), Ergenekon (6), MLKP (4), OdaTV (1), IBDA-C (1), Direniş Hareket (1) and unknown organization case (2). While 2 journalists have been jailed due to sentences related to Gezi Resistance protests, another journalist is behind bars for “espionage”. 

The current judicial situation of jailed journalists are as follows: convicted (25), pending trial (24) and awaiting first trial day due to incomplete indictment (10). In the same period, 9 journalists have been detained while reporting. 

Trials of Kurdish politicians 

Various prosecutors across Turkey have launched investigations on 3 Kurdish deputies from Peace and Democracy Party (BDP) and non-affiliated. 

Attacks, threats and impediments

In the period of October - December 2013, Turkey’s journalists and media representatives faced at least 27 attacks, threats, impediments through physical attacks.

While 12 verbal attacks have been reported, 3 journalists received threats and 12 censor cases happened. The total number of attacks in the same period was 46. 

“Defamation”

Between October and December 2013, 1 journalist received a total of 1 year 2 months and 17 days of prison for defamation. The sentence was suspended to judiciary control.  

1 newspaper (Birgün) was ordered to pay 10,000 liras to PM Erdoğan for insult and attacking his individual rights. 3 journalists have been sued for similar charges. 

Bans, seized publications!

Between October and December 2013, censor has been issued on the following publications: websites (6), Facebook ban, accreditation bans (3). 

 Journalists have been barred from entering police stations across the country. 2 academicians complaint that their works have been censored. Some journalist were not allowed to cover the opening ceremony of Marmaray Metro Tunnel. 1 newspaper banned have been torn. In addition to that, 1 journalist from the Netherlands have reportedly faced difficulties during the admission to the country. 1 municipality official has been dismissed and 1 concert was canceled due to a banner in Kurdish. Turkey’s Official TV-Network TRT replaced PM’s “Kürdistan” expression with “Kurdish Region”. Journalists’ phones have reportedly been tapped by judge-police coordination. 

ECHR verdicts skyrocketted!

For the past three months, the European Court of Human Rights found Turkey guilty in dozens of cases for violating Article 10 on freedom expression as well as lack of fair trial. 24 applicants and 2 media outlet was awarded with 113,885 euros as pecuniary and non-pecuniary damages. 

Around the same time, the total fines were 78,581 euros in 2012 and 105,000 liras in 2011. 

RTÜK

Between October and December 2013, the Radio and Television Higher Board handed 31 warnings, 24 monetary fines to TV networks; and 1 warnings and 5 monetary fines on radios. (EÖ/BM)