Turkey will pay damages to journalist-painter Zehra Doğan

Upon an application to the European Court of Human Rights (ECtHR), Turkey has admitted that Zehra Doğan’s presumption of innocence was violated. Journalist-painter Doğan will now be paid 1,350 Euro in damages.

İstanbul

Turkey will pay damages to journalist-painter Zehra Doğan

* Photo: Twitter

Click to read the article in Turkish

The European Court of Human Rights (ECtHR) has given its ruling as to the application of journalist and painter Zehra Doğan, who was arrested in Turkey on charge of "propagandizing for a terrorist organization" on the grounds of the news she had reported and the photos she had posted on social media during the curfews in Mardin's Nusaybin in 2015-2016.

Upon her application to the ECtHR, Turkey will pay damages to Zehra Doğan. It has been reportedly admitted by the state that the people convicted of "propagandizing for a terrorist organization" cannot be designated as "terror criminals" or "members of terrorist organizations", which poses a common problem is prisons, and that the practices of the prison administration and judgeship of execution to the contrary mean that the related people's presumption of innocence is violated.

As reported by Uğur Şahin from daily BirGün, Zehra Doğan, a painter and editor for the Jin News Agency (JİNHA), closed by a Statutory Decree, was sent to jail on October 24, 2018. On February 24, 2019, she was released from the Tarsus Closed Women's Prison. But some opportunities and rights such as a transfer to an open prison were denied to her in prison.

She was told to 'leave the organization'

As the reason for preventing Zehra Doğan from using these opportunities and rights, it was said that Doğan was obliged to submit a petition saying that "she ceased to be a member of the organization" and that "she wanted to leave the organization ward", which means that she was requested to leave an organization that she was not a member of so that she could exercise these rights. Doğan's lawyer Olguner Olgun indicated that it reflected a common problem in prisons, said that it was in violation of the presumption of innocence and applied to the ECtHR.

The ECtHR referred the application to the Republic of Turkey. The government, issuing a 'unilateral declaration' to resolve the problems arising from the case, requested that 'the application be dropped'. The related declaration also acknowledged that the presumption of innocence was violated and undertook to pay 1,350 Euro in damages to Doğan.

After the government's declaration was sent to the applicant by the court, Doğan drew attention to the lowness of the damages.

Moreover, she underlined that "it will be more effective for the resolution of systematic violations of the European Convention on Human Rights (ECHR) in Turkey if the court gives a ruling on the matter".

As for the ECtHR, the Court has noted that the government has admitted the violation, concluded that "there is no need for further examination of the application" and ruled that the amount of damages pledged to be paid by the government was not insufficient. Accordingly, the ECtHR has unanimously ruled that the application of Zehra Doğan shall be dropped.

Who is Zehra Doğan?

Graduated from Southeast Dicle University as a teacher of arts, journalist and artist Doğan beginning since the foundation of JİNHA (Women's New Agency) in 2012 until its forcible closure in 2016 worked as a reporter and editor for the agency.

She reported from the Mardin province and districts since Jul. 24, 2015 when the clashes erupted and curfews were imposed and painted the pictures of the conflict areas.

She was detained on Jul. 23, 2016 in Nusaybin from where she was reporting, and was later arrested under charges of "membership in a terrorist organization" and "terrorist propaganda". Doğan was released on Dec. 9, 2016 by a Mardin court, yet she was sentenced to 33 months in the final hearing on Mar. 22, for sharing her paintings on the social media and reporting on the notes of a 10 year old girl Elif Akboğa.

Following the endorsement of her sentence by the local appeals court Doğan was jailed on Jun. 12, 2017 and placed in Diyarbakır Prison and transferred to the distant Tarsus Maximum Security Prison after winning the IWMF award.

During the time when Doğan was residing in the Diyarbakır Type D Prison, the prison administration did not provide her with necessary equipment. Doğan, then, produced dye from plant roots and menstruation blood. She drew paintings using the dye.

Famous muralist Banksy in protest of her conviction reflected Zehra Doğan's painting with the legend "She is convicted to 2 years 9 months and 22 days for painting this picture" and posted his graphic depicting Doğan behind bars.

She was released from prison in February 2019.

Awards

In 2012, she received with Hazal Peker, the Special Jury Prize, in Kurdish journalism, Musa Anter Kürtçe for her work entitled "Li Rojava welat emanetê jinên kurd in" (In Western Kurdistan, the country is entrusted to Kurdish women).
In 2015, she was awarded the Metin Gökçetepe Prize for her work on Yezidi women who had escaped captivity at the hands of the Islamic State.
In January 2017, she received the "Rebellion's Artist in the World 2017" prize, the prize for rebellious artists awarded by the Global Investigative Journalism Network.
On 5 November 2017, the Swiss Association of Free Thinkers, Frei Denken, awarded the 2017 "Freethinker Prize" to Zehra Doğan and Masih Alinejad, the Iranian journalist.
On 3 May 2018 Deutscher Journalisten Verband (German Journalists' Association) awarded the "Printemps de liberté de presse" prize to Zehra Doğan. The award was received on behalf of the journalist by the Italian-Almanian journalist Ingo Zamperoni.
On June 19, 2018, she received the "Courage in Journalism" award from the International Women's Media Foundation. The ceremony takes place in New York on 27 November 2018.
On 8 October 2018, at the 84th International PEN Congress in India, Zehra Doğan became an honorary member.
On January 15, 2019, Zehra Doğan was nominated by Index on Censorship for the 2019 "Freedom of Expression Award" in the Arts category. The prize was awarded to her, and she received it on 5 April 2019 in London.
On 11 October 2019, in Beirut, she received the "Exceptional Courage in Journalism Award" from the May Chidiac Foundation.
In February 2020, in Italy, she was awarded the "Special Prize of Roberto Scialabba".
On October 16, 2020, during the 14th edition of the Festival of Feminine Excellence in Genoa, Italy, she receives the "Hypatia Award for International Feminine Excellence".
In November 2020, she receives the "Carol Rama Award", Artissima 2020.

(RT/SD)

European Court of Human Rights rights violations in prison zehra dogan zehra doğan damages presumption of innocence rights violation Violation of rights ECtHR