68 journalists and 27* publishers entered 2013 behind bars in Turkey. Several campaigns have been held throughout the country, dozens of lawsuits have been filed in order to demand fair trials for jailed journalists.
In 2011, 104 journalists were jailed in Turkey. In July 2012, the Turkish government implemented judicial reforms - known as 3. Judicial Reform Package in Turkish - which partially reduced the number of jailed journalists.
Overall in 2012, 22 journalists and 2 publishers have been arrested for "terrorism" according to relevant articles of Turkish Penal Code. Various Turkish courts sentenced 24 individuals to a total of 214 years 11 months and 15 days of prison, while 1 journalist received life sentence.
33 individuals inducing 12 journalists were found guilty for insult and defamation who were ordered to serve a sum of 10 years 7 months and 16 days of prison and pay roughly 100.000 euros of non-pecuniary damages. The court also ordered a newspaper to pay roughly 1,800 euros.
PM Erdogan's advocates filed lawsuits against 10 individuals - including 1 journalist- for defamation. While some individuals were order to serve in prison for 3 years 8 months and 7 days of prison, the plaintiff Erdogan received more than 40,000 euros as non-pecuniary damages.
In 2012, authorities exercised several limitations on press including newspaper publishing license bans (7), temporary newspaper license suspension, magazine prints seizing (4), magazine print returns to publisher. Notable cases included official investigation on 10 books released by Aram Publishing House, de-listing of a child classic book from education ministry reading list due to "inappropriate" content and ongoing case of a book license ban.
ECHR found Turkey guilty for in 10 cases related to expression freedom abuses (on 9 journalists and 1 individuals), ordering the Turkish state to pay a total of roughly 100,000 euros.
* Azadiya Welat’s (Kızıltepe) former publisher Şahin Baydağı and Azadiya Welat’s (Batman) publisher Nurettin Kaya were released in August and December 2012 respectively. (January 31, 2013)
Journalists charged with "being an illegal organization member"
In 2012, journalists have been arrested as a result of a "politicized" judiciary that breached principals of fair trial and "no crime without a previous penal law". Every single case was linked with an unlawful organization under the interpretation of both Turkish Penal Code and Turkish Anti-Terror Act.
All jailed 68 journalists and 29 publishers were initially charged with "being a terrorist organization member", which later on evolved into "committing organized crime while not being an organization member", "founding an illegal organization", "aiding an illegal organization while not involving in its hierarchy" or "being an illegal organization member".
Journalists who reported news, wrote a book, covered news opposing the government were charged with being a "terrorist". Although contemporary penal practices generally allow arrests of suspects only in lack of judiciary control mechanisms, journalists in Turkey have been kept in prisons for months pending a trial under the pretexts of "suspicion to be fugitive", "possibility to modify/hide/destroy evidence", "risk of pressuring witnesses", and "high suspicion of committing another crime".
Turkish Penal Code and Anti-Terror Act
All jailed journalists have been arrested for "being an illegal organization member" under Turkish Penal Code and Anti-Terror Act.
Most of jailed journalists (49) and all jailed publishers (29) worked at Kurdish press. 18 out of 68 journalists have already been convicted, while the remaining other are being tried (43) or awaiting a trial date (7).
Among 18 convicted journalists, 4 received life sentence, 13 received sentences totaling 147 years. The remaining journalist's verdict has not been unveiled to the media.
In 2012, defamation charges have risen radically and shown signs to increase in the future.
Situation in major Kurdish press
18 journalists from Dicle News Agency, a major news agency providing content in Turkish, Kurdish and English, remain jailed in 2012. While 13 others are still standing trial, 2 are jailed for their charges to be announced.
8 journalists from Azadiya Welat, a newspaper in Kurdish, remain jailed in 2012. 8 other journalists (6 of them convicted) are standing trial.
9 journalists from Özgür Gündem, a major pro-Kurdish newspaper in Turkish, remain jailed in 2012. 3 other (2 of them convicted) are still standing trial.
3 journalists from Demokratik Modernite magazine are also standing trial for being an illegal organization member.
Highlights from bianet media monitoring report
Major chapters from bianet's media monitoring report included "assassinated journalists", "jailed journalists", "attacks, threats and limitations against journalist", "investigations, ongoing prosecutions and trials", "Turkish Penal Code Articles 285 and 288", "defamation, insult charges", "controversial inappropriate content council", "publishing bans, publishing house closures, magazine seizes", "regulations, reactions, justice seeking", "ECHR" and "Higher council of Radio and television".
46 reported attacks on media
At least 46 (physical, verbal and through social media) attacks on newspaper and magazine staff were reported in 2012. 1 concert and 2 panel events were cancelled due to pressures. 4 newspaper and 3 news agency offices were ambushed by protestors.
In 2011, at least 33 physically violent attacks were reported on journalists.
45 individuals receive a total of 214 years 11 months 15 days
In 2012, Turkish courts found 45 individuals (20 journalists and 2 publishers) guilty for "terrorism" according to the relevant articles of Turkish Penal Code and Anti-Terror Act, ordering prison sentences that exceeded 214 years 11 months 15 days in total. The courts also ordered 45 individuals to pay a sum of approximately 20,000 euros. 1 journalist's life sentence was also approved by an appeals court.
In 2011, Turkish courts found 34 individuals guilty for related charges, ordering to serve 95 years of prison and pay roughly 50,000 euros.
Turkish Penal Code Articles 285 and 288
Turkish Penal Code Articles 285 and 288 regulate "breach of investigation confidentiality" and "attempts to manipulate fair trials". In 2012, all individuals charged with violating these articles were acquitted in 4 different cases, while the court ordered them to pay a total of almost 10,000 euros. In one case the judgment was taken back, in another case the sentence was postponed.
In 2011, 35 individuals charged with violating these articles received a total of 163 years and 6 months of prison and were ordered to pay a sum of more than 20,000 euros.
''Defamation'' charges
In 2012, 33 individuals (including 12 journalists) received a total of 10 years 7 months and 16 days of prison for defamation charges. The convicts were ordered to pay a total of more than 100,000 euros as non-pecuniary damages. A major newspaper were ordered to pay roughly 2,000 euros as non-pecuniary damages.
In 2011, 24 individuals received a total of 21 years and 9 months of prison for defamation charges. 2 newspapers were convicted to pay a total of almost 25,000 euros.
PM Erdogan's advocates filed lawsuits against 10 individuals (including 1 journalist) for defamation and received approximately 40,000 euros as non-pecuniary damages. The convicts also received a total 3 years 8 months and 7 days of prison sentences.
Banned, censured, seized publications
In 2012, authorities exercised several limitations on press including newspaper publishing license bans (7), temporary newspaper license suspension, magazine prints seizing (4), magazine print returns to publisher. Notable cases included official investigation on 10 books released by Aram Publishing House, de-listing of a child classic book from education ministry reading list due to "inappropriate" content and ongoing case of a book license ban.
Dozens of songs, poems, paintings, magazines, movie posters and movies have been censured in 2012, including Peace and Democracy Party's Newroz (Spring Equinox) Celebration posters and Grup Yorum's concert banner.
7 major newspapers' press credentials were denied in AKP's Party Congress. Education Ministry ordered to block access to the website of Eğitim-Sen, a major educators union. 1 jailed journalist received communications ban. The peace walk for Halil Savda has been banned by the authorities.
In 2011, authorities seized 3 books ready for distribution. 4 newspapers received license suspensions to a total of 5 months and 15 days. While 2 magazines were ordered closure for one month, other 2 magazines' distribution was halted. Another magazine declared closure after receiving a 70,000 euro fine. 4 news websites and 1 political movie were banned.
ECHR
ECHR found Turkey guilty in 10 cases (on 9 journalists and 1 individuals), ordering the Turkish state to pay a total of roughly 100,000 euros.
In 2011, ECHR found Turkey guilty in 6 different cases, ordering the Turkish state to pay approximately 50,000 euros. In 3 cases, no non-pecuniary damages were compensated to the plaintiff because they didn't specify an any amount.
Higher council of radio and television
Turkey's higher council of radio and television ordered 603 warnings, 290 disciplinary fines and 3 program suspensions in 2012. Broadcasting licenses of 8 television channels were cancelled according to Law 6112 Article 29/3 which regulated unlicensed media servers. In 2011, the council ordered 863 warnings, 89 disciplinary fines and 3 program suspensions and 1 compulsory disclosure. (EG/BA)
