Journalists shackled ahead of elections

Infographic: Yağmur Karagöz

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According to the BİA Media Monitoring Reports, more than 200 media representatives faced arbitrary prosecution on charges of violating the Turkish Penal Code and the Anti-Terror Law. Regulatory institutions such as the Radio and Television Supreme Council (RTÜK) and the Press Advertisement Institution (BİK), are trying to impose unisonance on the media with all their strength.

Türkiye, for which the Council of Europe initiated infringement proceedings because it did not release Osman Kavala, ranked 149th out of 180 countries in the Reporters Without Borders (RSF) Press Freedom Index in 2022. Taking another step, Türkiye tightened its grip on online reporting because of "disinformation."

Not regulatory institutions but institutions that subdue

According to information that İlhan Taşcı, an RTÜK member from the main opposition Republican People's Party (CHP), the council issued a total of 54 fines on Halk TV (23), TELE1 (16), KRT TV (6), Fox TV (4) Flash TV (4), TGRT (2), Beyaz TV (1), and ATV (1). Ülke TV, Kanal 7, TV Net and TV 24 did not receive any penalties.

The Presidency Communications Directorate, which has become the weapon of the ruling power, continued unlawfulness even though many journalists (Aydın Engin, Nadire Mater, Mustafa Sönmez, Birkan Bulut, Berkant Gültekin, Kazım Güleçyüz, etc.) proved the "press card" injustice they suffered before the judiciary; the BİK continued to deprive critical newspapers of official announcements by interfering with their editorial lines.

Türkiye is among the countries "that arrest journalists the most"

After the 2016 coup attempt, Türkiye returned to the category of the countries "that arrest the highest number of journalists." As 31 journalists and media representatives were arrested last year, the fact that no indictment has been written against the 25 Kurdish media representatives who were arrested in investigations in Diyarbakır in June and İstanbul in October for months indicated a return to the dark days.

Twenty-eight reporters sentenced, 20 acquitted

Four separate BİA Media Monitoring Reports published in 2022 indicate at least 28 journalists were sentenced to a total of 50 years and 6 months in prison and to pay a total of 294,350 lira of administrative fines or compensation (Şahin Alpay, Mümtazer Türköne, Ali Bulaç, Ahmet Turan Alkan, Hayri Demir, Serkan Ozan, Olcay Büyüktaş Akça, Ozan Yurtoğlu, Hazal Ocak, Mehmet Emin Kurnaz, Sabahattin Önkibar, Faruk Eren, Furkan Karabay, Sedef Kabaş, Mehmet Kızmaz, Abdurrahman Gök, Eren Keskin, Reyhan Çapan, İsmail Saymaz, Uğur Dündar, Ahmet Kandal, Ahmet Altan, Yasemin Çongar, Yıldıray Oğur, Mehmet Baransu, Durket Süren, İsmail Arı, Fuat Uğur). In 2021, the number of convicted journalists was 35; they were sentenced to a total of 92 years in prison.

Journalist Abdurrahman Gök

Last year, 20 journalists were acquitted of various charges, including "propagandizing for a terrorist organization," "insulting the president," "insult," "degrading state institutions," and "violating the BDDK Law." This number was 64 in 2021.

Insulting the president: 73 journalists convicted in seven years

Despite a recommendation by the Venice Commission for the annulment of the article of "insulting the president" and the ECtHR's decision in October 2021 in the Vedat Şorli case, local courts in Türkiye continue proceedings under article 299 of the Turkish Penal Code.

With the sentencing of Sedef Kabaş, Sabahattin Önkibar and Mehmet Emin Kurnaz last year, the number of journalists convicted of insulting the president since Recep Tayyip Erdoğan's election in 2014 reached 73.

Forty journalists were detained while following demonstrations

Despite the Constitutional Court's Beyza Kural, Gökhan Biçici and Erdal İmrek decisions that convicted arbitrary detentions and violence and the annulment of the General Directorate of Security's "Circular on Audio and Video Recording" dated April 27, 2021, the law enforcement forces' arbitrary interferences with journalists, especially those who follow demonstrations.

AFP photojournalist Bülent Kılıç was detained two years in a row while following the LGBTI+ Pride demonstrations in İstanbul. In 2022, a total of 40 media representatives were detained, including 23 following demonstrations.

Journalist Beyza Kural

Police were involved in 30 of 55 incidents of violence

In 2022, attacks linked to political parties and arbitrary violence from security forces presented a security threat for the media representatives. Thirty out of 55 media representatives who were subjected to physical violence were targeted by the security forces, most of them during demonstrations. Reporters and professional organizations are waging a significant struggle in order to bring those responsible to justice.

Journalists Umut Yaygır and Özcan Saraç were physically attacked in Konya by a group of 10-15 people including the president of the Ereğli Grey Wolves, an organization linked with the Nationalist Movement Party (MHP) which brought to mind the spiral of violence following the 2019 local elections towards the journalists of national and local media outlets critical of the "People's Alliance."

Impunity becomes the rule in political murders

After the killing of Hazım Özsu, working for Rahmet FM radio in Bursa by an audience in 2021, Güngör Arslan, the owner of Kocaeli Ses local newspaper, was killed last year in his office.

While the file of Saudi journalist Jamal Khashoggi who was killed in the İstanbul consulate of Saudi Arabia was handed over to this country on grounds of "judicial cooperation," the 30-year Musa Anter murder case was dropped due to the statute of limitations. Türkiye showed that quicker progress for justice is possible in the country in murder cases "the less political content" the cases have. The trials for the murders of Hazım Özsu, working for Rahmet FM radio, killed by an audience in front of his house in Bursa, and that of Güngör Arslan killed in the Kocaeli Ses newspaper office were such examples.

However, it was still possible to classify the bomber who "could not be found" for 30 years in the murder of Uğur Mumcu as "fugitive." Again the political group who attacked journalist Levent Gültekin on the street, and those who handcuffed Beyza Kural behind the back only received a fine. On the other hand, there is significant struggle waged in order to punish the police violence that the media representatives were subjected to in the İstanbul Pride March and the commemoration of the Gezi Park demonstrations at the courts.

"Personal rights" used as pretext to censor 550 online news reports

Access blocks were imposed on at least 550 online reports and journalism contents in 2022 by Penal Courts of Peace or the Union of Access Providers in order to prevent claims of corruption, bribery, and favoritism to be discussed more by the public (by Barış Pehlivan, Murat Ağırel, Barış Terkoğlu, Can Dündar, Bülent Mumay, Erk Acarer, etc.). "Personal rights" were used as a pretext for the access blocks.

The procedure in the last years for the international social media platforms to appoint a representative in Türkiye and those that have regular broadcast/publication to be brought under the surveillance of RTÜK resulted in access blocks imposed on Deutsche Welle Turkish and Voice of America Turkish at the end of the 72 hours period.

Constitutional Court is tired of applications

The Constitutional Court (AYM) slowed down passing verdicts in individual applications but the court gave significant rulings on censorship of internet news portals, arbitrary punishments of the Press Advertisement Institution and in files concerning for example "deferment of the announcement of the verdict." AYM sent more and more messages to the judiciary for "not taking its rulings as examples," and to the parliament for "not legislating in order to solve the problems." The court gave the administration a fine of 96 thousand 965 lira as a result of the applications by Kayseri Yeni Gün and Adıyaman Gerger Fırat local newspapers last year.

AYM has been complaining about the high number of applications in the last months and sending the judiciary messages to "implement the pilot judgements." The court which gave the administration a fine of 66 thousand 905 lira in the applications of five journalists and two media outlets in 2020, has ruled for a fine of 139 thousand 225 lira in the applications of nine journalists and three media outlets in 2021.

ECtHR fines Türkiye 14 thousand 650 euros

ECtHR fined Türkiye to a total of 14 thousand 650 Euros in the application of Deniz Yücel and Zehra Doğan. The international court in Strasbourg continues its examination in the new applications (Müyesser Yıldız, Cemil Uğur, etc.) on cases of unlawfulness targeting freedom of press.

ECtHR fined Türkiye to a total of 144 thousand euro, and this amount has been 114 thousand 440 euro in 2021.

RTÜK went even further although widely criticized

The Radio and Television Supreme Council (RTÜK) was politicized even further in 2022. The Council continued to try go weaken the media that criticize of question the government policies before the presidential and parliamentary elections, imposing heavy fines on TV channels such as Fox TV, Halk TV, Tele1 and KRT.

RTÜK imposed 603 fines on televisions and radios last year and stopped the broadcast of 217 programs and fined the channels 67 million 159 thousand 350 lira (3 million 353 thousand euro) in total. Previous year RTÜK was again criticized for the disputable role it plays and the total amount of fine imposed by the council was 31 million 629 thousand 996 lira.

Eighty-eight journalists dismissed

Last year a total of 88 journalists, TV program presenters and media employees were dismissed or forced to resign for reasons of various disputes such as those over broadcasting/publication policy.

Halk TV dismissed presenter Özlem Gürses because "she did not end parallel broadcasting from her personal YouTube channel," while in Elazığ, Faik Akgün who started to work in Günebakış newspaper was dismissed after he resorted to the jurisdiction for the violence he was subjected to during shooting a video of the brawl between the street hawker and municipality police. In Samsun, on the other hand, Zeynep Irmak Öcal working for the Demirören News Agency was dismissed "because she became a mother."