Assyrian Int’l News Agency
Dec 16 2004
Turkey Still Far From European Standards of Press Freedom
Reporters Without Borders has said that Turkey is still far from
meeting European press freedom standards as the European Council
prepares to decide on 17 December whether or not to open negotiations
on Turkish EU membership.
European deputies voted on 15 December for the discussions to start
without “needless delay” but on the basis of Ankara complying with
certain conditions.
In particular they are seeking the repeal of Article 305 of Turkey’s
new criminal code, that comes into effect on 1st April 2005 and which
they consider runs contrary to freedom of expression.
“The legislative progress that has undeniably been made should not
conceal the fact that the climate remains as harsh as ever for the
most outspoken journalists,” the worldwide press freedom organisation
said.
“The press is exposed to misuse of authority by the courts, which in
practice continue to impose prison sentences and exorbitant fines
that push journalists to censor themselves extensively on the most
sensitive subjects such as the army and the Kurdish question,”
Reporters Without Borders said.
The TV and radio stations are still subject to “brazen censorship” by
the High Council for Broadcasting (RTUK), while pro-Kurdish
journalists continue to be the target of many kinds of pressure, the
organisation continued.
“Despite progress towards European standards, the gap between the
declarations of good intentions and the reality is still
considerable, with the result that Turkey still does not fulfil all
the necessary conditions for real press freedom,” it added.
Genuine progress made
The legislative amendments undertaken by Turkey with a view to
joining the European Union have been positive for journalists. Heavy
fines have replaced prison sentences in the new press law, adopted in
June. The most repressive sanctions, such as the closure of news
organisations or bans on printing and distribution, have been
eliminated, while the protection of sources has even been reinforced.
Article 159, which has led to many journalists being prosecuted for
“affront to the state and state institutions and threats to the
indivisible unity of the Turkish Republic,” was amended in 2002 and
2003, with the prison sentence being cut from one year to six months.
At the same time, criticism not intentionally aimed at “ridiculing”
or “insulting” state institutions is no longer punishable by
imprisonment.
Journalists still under pressure
Even though the new criminal code that becomes law on 1st April 2005
removes the offence of “mocking and insulting government ministers”,
there remains a problem with Article 305.
This punishes alleged “threats against fundamental national
interests”. It specifically targets freedom of expression,
particularly on issues involving Cyprus or Armenia. The European
parliament voted on 15 December for a resolution calling, among other
things, for the immediate repeal of this article, viewed as
incompatible with the 1950 Convention for the Protection of Human
Rights and Fundamental Freedoms.
Contrary to European standards, the new criminal code stipulates that
insult is punishable by three months to three years in prison, with
the sentence increasing if the offence is committed by means of the
press (Article 127).
In practice, judges still interpret the concept of “criticism” very
subjectively and abusive prosecutions continue.
Four journalists with the pro-Kurdish daily Yeniden ?zg?r G?ndem who
criticised government policy on the Iraq war were brought before the
courts in 2003 while online journalist Erol ?skoray was detained for
“mocking” and “insulting” the army. Sabri Ejder ?zi?, the manager of
Radyo D?nya, a local radio station in the southern city of Adana, was
sentenced to a year in prison for offending parliament.
Hakan Albayrak, a former editorialist for the daily Milli Gazete, was
imprisoned on 20 May and is serving a 15-month prison sentence for
“attacking the memory of Ataturk” in violation of the 1951 law
governing crimes against Kemal Ataturk. Article 1 of this law
punishes any offence against the Republic of Turkey’s founder by one
to three years in prison. Article 2 doubles the sentence if it is
committed by means of the press.
On 15 October, Sebati Karakurt of the daily Hurriyet was held for 12
hours at the headquarters of the anti-terrorist police in Istanbul
and some 10 policemen searched his home. It stemmed from a report
published a few days earlier that included an interview with Murat
Karayilan, the military chief of the former Kurdish Workers’ Party
(PKK), now renamed Kongra-Gel. The report included photos showing
female rebels in combat fatigues in a favourable light, relaxed and
smiling. Karakurt was released after being interrogated by the police
and a prosecutor.
Memik Horuz, the managing editor of the far-left newspaper Is?i
K?yl?, has spent years in prison for the views he expressed in the
course of their journalistic work.
Pro-Kurdish media targeted
While the national radio and TV stations are now allowed to use the
Kurdish language, the RT?K continues to impose disproportionate
sanctions – ranging from warnings to withdrawal of licence – against
pro-Kurdish media or media that are very critical of the government.
?zg?r Radyo, a local radio station in Istanbul, was sentenced by the
RT?K to a month’s closure for “inciting violence, terror,
discrimination on the basis of race, region, language, religion or
sect or the broadcasting of programmes that arouse feelings of hatred
in society.” The station stopped broadcasting on 18 August. In the
event of a further offence, the RT?K could withdraw its licence
altogether.
G?nes TV, a local television station in the eastern city of Malatya,
was also forced to stop broadcasting for a month from 30 March. This
was because the RT?K accused it of “attacking the state’s existence
and independence, and the country’s indivisible unity with the people
and Ataturk’s principles and reforms” under article 4 of RT?K law
3984. Using the same article, the RT?K closed down local TV station
ART in the south-eastern city of Diyarbakir on 15 August 2003 for
broadcasting two love songs in Kurdish.
Mass detentions of pro-Kurdish journalists by the anti-terrorist
police on the eve of the NATO summit in Istanbul on 28-29 June 2004
were also indicative of the treatment reserved for the pro-Kurdish
press.
Finally, nine journalists covering the dispersal of protesters
against electoral fraud were badly beaten by police in Diyarbakir
during the 28 March local elections and three of them had to be
hospitalised. Those responsible have still not been punished.
Reporters Without Borders defends imprisoned journalists and press
freedom throughout the world, as well as the right to inform the
public and to be informed, in accordance with Article 19 of the
Universal Declaration of Human Rights. Reporters Without Borders has
nine national sections (in Austria, Belgium, France, Germany, Italy,
Spain, Sweden, Switzerland, and the United Kingdom), representatives
in Abidjan, Bangkok, Istanbul, Montreal, Moscow, New York, Tokyo and
Washington and more than a hundred correspondents worldwide.