List of arrested journalists in Turkey

Many journalists in Turkey are being prosecuted and kept in jail all over the country.^[1] Below is an extensive list of the prisoners, past and present.

List of arrested journalists

The following is a non-exhaustive list of arrested journalists in Turkey:^[2]

Grounds for prosecution

Kemalist and / or nationalist journalists were arrested on charges referring to the Ergenekon case and several left-wing and Kurdish journalists were arrested on charges of engaging in propaganda for the PKK listed as a terrorist organization. The legal framework on organised crime and terrorism is still imprecise and contains definitions which are open to abuse, leading to numerous indictments and convictions. Moreover, its interpretation by prosecutors and courts is uneven and is not in line with the European Convention on Human Rights or the case-law of the European Court of Human Rights, according to the European Commission. No clear distinction is made between the incitement to violence and the expression of nonviolent ideas. The application of Articles 6 and 7 of the Anti-Terror Law in combination with Articles 220 and 314 of the Turkish Criminal Code leads to abuses; in short, writing an article or making a speech can still lead to a court case and a long prison sentence for membership or leadership of a terrorist organisation. Together with possible pressure on the press by state officials and possible firing of critical journalists, this situation can lead to a widespread self-censorship. Frequent website bans are a cause for serious concern and there is a need to revise the law on the internet.^[13]

Most journalists are in prison based on the following laws:

• The Anti-Terror Law of Turkey (also known as Terörle Mücadele Yasası, TMY), Articles 5 and 7 relating to articles of the Criminal Code on terrorist offences and organizations or assisting members of or making propaganda in connection with such organizations, as well as the lengthening of sentences;
• The Criminal Code of Turkey (also known as Türk Ceza Kanunu, TCK), Article 314 on establishing, commanding or becoming member of an armed organization with the aim of committing certain offences.^[14]

3 types of journalists targeted

According to a report published by the Committee to Protect Journalists (CPJ), Turkish authorities are engaging in widespread criminal prosecution and jailing of journalists, and are applying other forms of severe pressure to promote self-censorship in the press. The CPJ has found highly repressive laws, particularly in the penal code and anti-terror law; a criminal procedure code that greatly favors the state; and a harsh anti-press tone set at the highest levels of government. Turkey’s press freedom situation has reached a crisis point.^[15] This reports mentions 3 types of journalists targeted :

• investigative and critical reporters : victims of the anti-state prosecutions : The government’s broad inquiry into the Ergenekon plot ensnared investigative reporters. But the evidence, rather than revealing conspirators, points to a government intent on punishing critical reporters.
• Kurdish journalists : Turkish authorities conflate support for the Kurdish cause with terrorism itself. When it comes to Kurdish journalists, newsgathering activities such as fielding tips, covering protests, and conducting interviews are evidence of a crime.
• collateral damages of the general assault on the press : The authorities are waging one of the world’s biggest anti-press campaigns in recent history. Dozens of writers and editors are in prison, nearly all on terrorism or other anti-state charges.^[15]

Concerns

Concerns persisted over the rights of the defence, lengthy pre-trial detention and excessively long and catch-all indictments, leading to significantly enhanced public scrutiny of the legitimacy of these trials.^[13]

A report issued by the OSCE Representative on Freedom of the Media^[14] describes a number of concerns concerning the case of arrested journalists in Turkey :

• Courts often impose exceptionally long imprisonment sentences. The longest conviction is 166 years and the longest jail sentence sought for a journalist is 3,000 years.
• Many journalists face double life sentences if convicted, some without possibility for parole. Courts do not tend to grant pre-trial release of defendants.
• There is concern that arrests and long pre-trial detentions without conviction are used as a form of intimidation.
• Pre-trial detentions remain very long. In some cases journalists held in prison for up to three years are still awaiting trial. Some journalists have been imprisoned for more than five years while their trial is ongoing.
• Journalists often face several trials and are often convicted for several offences. There is one journalist who faces 150 court cases.
• Media outlets reporting about sensitive issues (including terrorism or anti-government activities) are often regarded by the authorities as the publishing organs of illegal organizations. Courts often consider reporting about such issues as equal to supporting them.
• Journalists are often imprisoned in F-tipi cezaevi (F-type high security prisons), where they have to serve their time with the most dangerous criminals. It is also not uncommon to punish journalists with solitary confinement for extended time periods.

See also

• List of prosecuted Turkish writers
• Censorship in Turkey
• Human rights in Turkey
• Human rights in Europe
• International Freedom of Expression Exchange

References