Initiative for Freedom of Expression Releases November 2019 Report

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The Initiative for Freedom of Expression (Düşünce Suçu(!?)na Karşı Girişim) has shared the results of its November 2019 report with the public.

Entitled "What's goin' on?", it covers the violations of freedom of expression, free assembly and peaceful demonstrations in Turkey in November 2019.

Prepared in cooperation with the Human Rights Association (İHD) and with the help of Human Rights Foundation of Turkey (TİHV) documentation, the report was publicized as a video conference of four reporters from Ankara, Diyarbakır, İstanbul and İzmir on December 9, 2019.

The full text of the report is as follows:

Reports from the Regions

Ankara (by Osman İşçi - Secretary General of the İHD)

"Unfortunately, no great progress was made in freedom of expression and organisation around Ankara in November. Negativities continued with new lawsuits, interventions against those attempting to use their right to demonstration on the streets, house raids.

"For instance, protests in Yüksel Street, Ankara, organised by those dismissed with Statutory Decrees, continue to be intervened by the police without exception. The protests have been going on for 1,126 days so far and faced police intervention every day.

"There are other lawsuits against the use of freedom of expression. For instance, the lawsuit filed against researcher-writer and academic Fikret Başkaya on charge of "propagandizing for a terrorist organization" through his article published on his website [Free University] on November 7, 2016. The latest hearing of this case was held on November 22 and, fortunately, Başkaya was acquitted. Such prosecutions continue.

"Another hearing was held on November 12 in the lawsuit on the LGBTI march organised in May at METU (Middle East Technical University). 19 of 22 people detained at the demonstration were prosecuted. The hearing was adjourned to March 12, 2020. As the lawsuit itself is on the right to demonstration and freedom of expression, the press statement on the case was also not permitted to be made in front of the courthouse.

"Violations continue against human rights defenders. Diyarbakır Bar Association Chair and human rights advocate Tahir Elçi lost his life on November 28, 2015. On the fourth anniversary of his killing, his colleagues, friends and fellow lawyers organised a commemoration and press statement for him but it was not permitted due to a newly-enacted law within the right to demonstration.

"These violations against the right to demonstration are not limited to Ankara. For instance, women were detained in Ankara on November 5, but there were others detained in Mersin on the same topic. Those detained were released four days later. An indictment will probably be prepared against those detained and a lawsuit will be filed.

"Another example is the case of the killing of Rabia Naz. The lack of an effective investigation, cover-ups, poor judicial processes lead to widespread social sensitivity on the matter and three journalists were detained in Giresun on November 15. They were later released with judicial control measures. Hence, even journalists attempting to work on the right to a fair trial are not given the appropriate environment to do so."

Diyarbakır (by Ezgi Sıla İpek – Representative of the İHD)

"Unfortunately, we don't see anything different than the last month in and around Diyarbakır. There are violations both against the freedom of expression and thought as well as on the freedom of organisation.

"One frequent violation is Governorships and District Governorships banning demonstrations and protests. Heavy demonstrations and events are organised on the week of November 25 to create awareness on the day. For instance, a statement organised by Mardin Bar Association's Women and Children's Rights Center for November 25 in Mardin was banned by the Governorship.

"Similarly in almost all provinces in the eastern and southeastern Anatolian region, there are violations against the freedom of organisation and expression. These violations are mostly detainments and arrests against People's Democratic Party (HDP) executives, municipal assembly members and provincial-district Co-Mayors due to their speeches or other charges related to trustee assignments.

"Many people were detained almost every day in November around the region due to 'propagandizing for a terrorist organization' through their social media posts or speeches given.

"We talked about the interventions against works of awareness for November 25, like the statement of Mardin Bar Association being banned. Similarly, Batman Municipality covered a few public transportation vehicles with the slogan, "We defend life against violence" in order to create awareness. However, these vehicles were removed from traffic.

"Protests and demonstrations were banned in Ağrı, Van and Urfa as well. The situation is very interesting in Van. There has been short-term but continuous protest bans in Van from November 21, 2016 until November 21, 2019 - each ban lasted for 15-30-45 days and extended immediately upon its end. As of today, protests are banned in Van since 2016 for a total of 1111 days.

"This is an obvious violation against freedom of expression and thought. It means the government doesn't allow you to express yourself or organise events or protests, there is no other meaning to it.

"There are also the weekly Saturday Mothers demonstrations. For the last three weeks, there have been provocative initiatives from the other side - we aren't allowed to stand here and there and the police are intervening against the demonstration for arbitrary reasons.

"This month, there was the hearing of the lawsuit filed against Human Rights Association (IHD) Diyarbakır former Chair and current Central Executive Board member Raci Bilici in 2017. The evidence for his charges included reports as well as Bilici's participation in protests and demonstrations organised by our association. The next hearing was scheduled for March 2020 and will probably be a summary judgement.

"Trustees were assigned in four districts of Van. There was heavy intervention against the group gathering to protest the assignment; the Co-Mayors were wounded and were taken to the hospital."

İstanbul (by Leman Yurtsever - from the İHD İstanbul Branch)

"Right to demonstration and meeting was heavily restricted in Istanbul in November as well. Many protests, like the Saturday Mothers with many others, were held under heavy police blockade. Protests weren't allowed at Galatasaray Square.

"On the other hand, two HDP MPs attempted to distribute leaflets on the first congress in Istanbul but faced police blockade.

"A lawsuit was filed against fashion designer Barbaros Şansal on charge of 'insulting the President' through four tweets he retweeted and commented on.

"Ahmet Altan and Nazlı Ilıcak were released after a long time in prison, but Altan was arrested once again a week after his release. The Court of Cassation reversed the sentence against the journalists and issued their acquittal, but the 27th Assize Court insisted on the former sentence.

"Another protest against the Emergency Decrees was banned by Şişli District Governorship. A lawsuit was filed against Seyhan Avşar from Cumhuriyet Daily due to the news on bribery.

"Hearings continued in Özgür Gündem Main Case and Büyükada Case. Taksim, Istiklal Street in Istanbul are under police blockade every day. All demonstrations and marches are banned.

"The demonstration for November 25, International Day for the Elimination of Violence Against Women was prevented, but the women insisted on the protest. The police attacked the demonstrators with tear gas and rubber bullets.

"House raids continue, people are being detained due to their social media posts. Furthermore, identity checks continue on the streets of Istanbul, especially around Istiklal Street and Taksim. Some people are detained after these checks due to former criminal backgrounds or other reasons. Pressure is ongoing."

İzmir (by Ahmet Çiçek - Representative of the İHD)

"After the letter written by prisoners at Izmir Şakran Prison for the operations in Northern and Eastern Syria to end, 54 arrested prisoners were sentenced to 11 days of solitary confinement for 'propagandizing for an illegal organization.'

"Five people were detained and one was arrested in Balıkesir on November 7 'propagandizing for an illegal organization' on social media. Another citizen was detained on the 11th for insulting guards on social media.

"An operation was conducted against TUHAYDER (Associations for Solidarity with Prisoners) executives on the 12th, the office was raided, the locks were changed, but neither the chairs nor the members were informed of the operation. 12 people were detained, 11 were arrested in house raids, one was released with judicial measures. Two of those arrested are journalists - JinNews reporter Melike Aydın and Mezopotamya News Agency reporter Ruken Demir.

"Two people were detained in Denizli on the 12th for making propaganda on social media. Two more were detained on the 19th in Aliağa, Izmir for making propaganda on social media. Two foreign citizens are detained out of 10 who protested in Denizli after police intervention.

"A lawyer was detained on the 22nd in Balıkesir, later arrested. Three people were detained on the 25th in Denizli due to making propaganda on social media. Another was detained on the 26th in Balıkesir due to propaganda.

"Thus, 30 detainments, 13 arrests, one attack against protest-demonstration, 54 solitary confinement penalties in prison due to expression of thought and a total of at least 98 rights violations were identified in November.

***

Evaluation

Ankara (by Osman İşçi - Secretary General of the İHD)

"In terms of the kinds of violation, restriction of demonstrations is the major type in Ankara and surrounding regions. Police violence and intervention of security forces continue against demonstrations or press statements, organised either with or without permission. Judicial investigations are opened against those insisting on using their rights. There is no change in this trend.

"What has to be done in order to change this trend, however, is for those who are sensitive on freedom of expression and freedom of organisation to monitor such cases actively; and for public authorities with responsibility on the matter to create a suitable environment for the use of such rights. This is a right protected by the Constitution of Turkey and the Universal Declaration of Human Rights, therefore the public authorities must fulfill its responsibility on the matter."

İstanbul (by Leman Yurtsever - from the İHD İstanbul Branch)

"Government practices continue with full speed in November, I don't have much else to add. However, even a demonstration by elected MPs are prevented under police blockade. If this is restricted as such, what chance do regular citizens have?

"People are cornered under such great pressure that they come in front of the Human Rights Association (IHD) building in order to express themselves - they can't find any other place to do so. Mothers of Harbiye protest in front of the AKP building in Istanbul, even they come to the IHD building and make a press statement because they aren't left with any other area. Apart from these, pressure and preventions continue, as Ankara reporter explained, whatever happens in Ankara happens in Istanbul as well."

Diyarbakır (by Ezgi Sıla İpek – Representative of the İHD)

"Democracy and human rights in Turkey are without a doubt under heavy threat, this is something we all experience for the last 3-4 years. The right to expression and organisation, which are the most basic and indispensable social rights, are collectively attempted to be destroyed with authoritarian policies of the government as well as supporting judicial decrees.

"The political power attempting to suppress all oppositional social groups not only violate the basic human rights of one group, but also prevents others from standing against injustice. Thus, efforts of the government are on structuring the social life with militarist policies and transforming this into a widespread, systematic practice. All these violations we see and monitor are a major indicator of this."

The next video conference will take place on January 9, 2020. The next report, containing the violations in December 2019 will be published at the second week of January 2020.

(EMK/SD)