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English PEN report: Freedom of expression in jeopardy in Turkey

Demonstrators hold a banner, reading "Let the emergency decrees go. We are remaining!", in front of the High Education Board (YOK) during a protest against the suspension of academics from universities following a post-coup emergency decree, in Ankara on September 22, 2016.

The rise of criminal cases involving freedom of expression in Turkey under a state of emergency declared in the aftermath of a military coup attempt on July 15, 2016 has inevitably had direct consequences for writers and publishers in the country, said a report released by English PEN on Thursday.

The report, titled “Turkey: Freedom of expression in jeopardy: Violations of the rights of authors, publishers and academics under the State of Emergency,” was written for English PEN by academics Yaman Akdeniz and Kerem Altıparmak. It presents an overview of the current situation of freedom of expression in Turkey and engages in a critical evaluation of violations of rights against writers, publishers, academics and academic institutions.

The research conducted produced a list of 80 writers. Of the 80 authors listed in the report, only three are being tried for the books they have written. A large majority of the remaining 77 authors are being prosecuted for membership in a terrorist organization or for having affiliations or links with such organizations due to their newspaper articles or social media posts.

There has been an even more alarming increase in the number of academics dismissed from several universities, the report said, and added that by the end of 2017, 5,822 academics had been dismissed from 118 public universities. Like writers, many academics have also been prosecuted under criminal law.

“In addition to the administrative proceedings initiated at universities, Chief Public Prosecutors in many provinces launched criminal investigations against Academics for Peace who signed a peace petition criticising the state violence in South East Turkey. Some academics were taken into police custody and questioned within the scope of these investigations for ‘disseminating terrorist propaganda’ or denigrating the Turkish nation, the Republic of Turkey, the institutions and bodies of the State’,” the report underlined.

A selection of passages from the report: 

Prior to the controversial coup attempt in July 15, 2016, criminal investigations and prosecutions were frequently used to silence dissent along with other restrictive measures. While addressing the historical suppression of freedom of expression in Turkey, the report focuses on the effects of the State of Emergency (SoE) introduced in the wake of the coup bid and the silencing and chilling effect that this has had on many writers, publishers and academics in both their professional and private lives.

The state of freedom of expression in Turkey

Turkey has always been one of the most restrictive countries among Council of Europe member states in terms of media freedom and freedom of expression:

Suppression of freedom of expression

Physical attacks and torture, rife in the 1980s and 1990s, have been replaced by a more subtle approach in recent times, one which has been described as ‘less brutal but more effective’.

These issues have been compounded in the wake of the attempted coup and recourse to anti-terrorism legislation in particular has become even more pervasive. The increase in the number of people accused following the coup attempt is startling.

Judiciary in Turkey

The judiciary has become much more politicised, reducing the role and effectiveness of the legal system as a protector of freedom of expression. Although the independence of the judiciary has been in question for some time, and particularly following the Gezi Park protests of 2013, the situation has become more serious in the wake of the failed coup attempt of 15 July 2016.

A total of 4140 judges and prosecutors were dismissed from office including 333 judges and two prosecutors of the Court of Cassation, 276 members of the Council of State, two chief public prosecutors, 1280 public prosecutors, 2346 criminal and civil court judges and two members of the Constitutional Court. Of these, 2,200 were arrested, many of whom are still in prison.

After 2017, judiciary independence was further eroded by changes made to appointments to the new Council of Judges and Prosecutors which have meant that, in one way or another, all of its members are chosen by the government. As a result, the ability of judges to pass independent judgements is highly questionable.

The State of Emergency 

The State of Emergency measures introduced in 2016 can be examined under two general categories:

As a result of emergency decrees:

Violations against writers and publishers

The rise of criminal cases involving freedom of expression inevitably has direct consequences for writers and publishers. The research conducted produced a list of 80 writers. Of the 80 authors listed in this report, only three are being tried for the books they have written. A large majority of the remaining 77 authors are being prosecuted for being a member of a terrorist organisation or for having affiliations or links with such organisations due to their newspaper articles or social media posts.

Violations against academics

There has been an even more alarming increase in the number of academics being dismissed from several universities.

Violations against writers and academics in light of constitutional safeguards

Both the Turkish Constitution and the European Convention on Human Rights incorporate safeguards for freedom of expression.  The actions outlined in this report at therefore arguably in contravention of:

It has not been possible to find solutions to such structural problems through individual applications to the ECtHR. Of the tens of thousands of cases involving freedom of expression, as shown by the statistical data, a couple of dozen judgments on freedom of expression issued each year by the ECtHR have no effect on government practices.

For this reason, unless mechanisms are developed and used to address the lack of political will which is the main obstacle in effectively applying the standards of freedom of expression, it will not be possible to solve the structural problems and create a free legal system for writers in Turkey.

(Stockholm Center for Freedom [SCF])

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