18 September 2019: Rights groups call on new Secretary General of the CoE to make press freedom a priority

December 30, 2020 • • disabled comments

The environment for media freedom has worsened significantly, with threats against journalists and press freedom increasing throughout Europe, and especially in such countries as Azerbaijan, Poland, Hungary, Italy, Turkey and Russia.

To: Marija Pejčinović Burić

Secretary-General

Council of Europe

– open letter –

18 September 2019

Dear Secretary-General,

On behalf of the undersigned organisations, we warmly congratulate you on your appointment as the new Secretary-General of the Council of Europe. We are motivated by our experience and understanding of the worsening of the environment for journalists and free expression across Europe to ask you to make sure that your commitment to democracy, the rule of law and human rights will be reflected in enhanced efforts for the effective protection of freedom of expression, press freedom and the safety of journalists, backed up by robust measures and strong and consistent statements and actions by yourself as Secretary-General.

Media freedom and media pluralism must be given a clear and consistent priority across the Council of Europe area, as they enable the public to make informed choices about their government and society, and are thus prerequisites for the full enjoyment of all other rights.

Renewed and determined efforts to achieve Member States’ compliance with the Council of Europe’s conventions, recommendations and other texts, as well as the case-law of the European Court of Human Rights (ECtHR) are vital in these times of rising threats against journalists and press freedom throughout Europe. The environment for media freedom has worsened significantly, as was documented in the Annual Report published by the partner organisations of the Council of Europe Platform for the Protection of Journalism and Safety of Journalists. We see extremely worrying developments in Azerbaijan, Poland, Hungary, Italy, Turkey, Russia and elsewhere.

Regarding the Platform for the Protection of Journalism and Safety of Journalists, we urge you to provide all necessary means and support available to ensure that Member States respond concretely to alerts, intensify the dialogue and follow-up moves to provide redress, and to do everything possible to gain the active cooperation of those Member States which have failed to reply to alerts that highlight shortcomings or abuses on the part of state authorities. We ask you to establish a monthly exchange at the level of the Committee of Ministers to allow for a meaningful discussion on the progress of Member States in dealing with the alerts and persistent and serious threats to media freedom and the safety of journalists and other media actors.

In view of the well-documented increase in attacks on the media and backsliding in some states’ fulfilment of their commitments, we request you to prioritise actions and policies to implement Recommendation CM/Rec(2016)4 of the Committee of Ministers on the protection of journalism and safety of journalists and other media actors – including specific measures to comply with Council of Europe standards on Protection; Prevention of attacks; and Prosecution of crimes against journalists.

We hope that the concerns and recommendations outlined in the Platform partners’ latest report will be given priority by the Secretariat under your leadership, and through the projects and activities foreseen in the bi-annual Council of Europe programme and budget. To address these concerns, we request you to make available the resources and support needed to give it greater visibility, recognition and impact – both internally and externally to the Council of Europe.

We are convinced that strong and concerted political action from Member States and the Council of Europe is now essential. We request your energetic support against the ongoing impunity for attacks including murders of journalists within Europe, and against widespread attempts to adopt severely restrictive legislation on media regulation, defamation, anti-terrorism that are increasingly used to criminalise journalists.

Anti-media rhetoric is creating a toxic atmosphere for journalists amongst the general public and must be countered. The spread of online disinformation intensifies this effect. We welcome the recent PACE resolution on the rule of law in Malta, which points to the urgent need for effective actions against the politicisation of state institutions, media capture by political forces, and a climate of impunity related to attacks against members of the media.

We call on you to provide your full political support, and necessary resources, to ensure the successful implementation of Recommendation CM/Rec(2016)4, as is specified in the 2018 Steering Committee on Media and Information Society (CDMSI) strategy 2018. It is especially important to us that robust and frank debate on the subject of implementation (including securing firm commitments to national action plans) takes place at the Conference of Ministers responsible for media and information society in Cyprus in May 2020, with the full participation of civil society to pave the way for meaningful actions to reverse the recent negative trends.

We call on you to use your influence on Member States to reform their domestic laws and practices so that they comply with their obligations under the European Convention on Human Rights and CM Recommendation (2016)4, and do everything in your power to improve the safety of journalists through the establishment of effective safeguards.

We thank Thorbjørn Jagland for his efforts in the past years and we are happy to continue to support the Council of Europe with our research and our international networks.

We request a meeting with you soon to discuss these matters in person and to share our knowledge and experience with you as you begin your term of office.

We look forward to your positive response.

Yours sincerely,

Lutz Kinkel, Managing Director, European Centre for Press and Media Freedom (ECPMF)

Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19

William Horsley, Special Representative for Media Freedom, Association of European Journalists (AEJ)

Gulnoza Said, Europe and Central Asia program coordinator, Committee to Protect Journalists (CPJ)

Daniel Gorman, Director, English PEN

Ricardo Gutiérrez, General Secretary, European Federation of Journalists (EFJ)

Leon Willems, Director of Policy and Programmes, Free Press Unlimited (FPU)

Ralf Nestmeyer, Vice-President, German PEN

Bertrand Pecquerie, CEO, Global Editors Network (GEN)

Annie Game, Executive Director, IFEX

Joy Hyvarinen, Head of Advocacy, Index on Censorship

Anthony Bellanger, General Secretary, International Federation of Journalists (IFJ)

Ravi R. Prasad, Director of Advocacy, International Press Institute (IPI)

Ides Debruyne, Managing Director, Journalismfund.eu vzw

Hege Newth, Secretary General, Norwegian PEN

Chiara Sighele, Programme Director, Osservatorio Balcani Caucaso Transeuropa (OBCT/CCI)

Alberto Spampinato, Director, Ossigeno per l’informazione

Aaliya Ahmed, International Programmes Director, PEN International

Christophe Deloire, Secretary General, Reporters without Borders (RSF)

Oliver Vujovic, Secretary General, South East Europe Media Organisation (SEEMO)

Clothilde Redfern, Director, The Rory Peck Trust

Andrew Heslop, Director, World Association of News Publishers (WAN-IFRA)

https://ifex.org/rights-groups-call-on-new-secretary-general-of-the-coe-to-make-press-freedom-a-priority/

10 October 2019: Turkey: Joint call for charges against Gezi Park defendants to be dropped

December 30, 2020 • • disabled comments

Following a court decision to continue the detention of civil society leader Osman Kavala, IFEX members and other rights groups call for the case against all 16 defendants to be dropped and for Kavala and human rights defender Yiğit Aksakoğlu to be compensated for the time they have spent in prison.

This statement was originally published on article19.org on 10 October 2019,

We, the undersigned freedom of expression and media freedom organisations, strongly condemn the court’s interim decision on the Gezi Park trial to continue the detention of civil society leading figure Osman Kavala at the end of the third hearing of the case, on 8 October 2019.

The judicial panel of the 30th High Criminal Court sitting at Silivri High Security Facility in Istanbul upheld the prosecutor’s request for the continuing detention of Kavala in Silivri. The next hearing was set for 24-25 December, 2019. We believe that the decision against Kavala’s release and the very continuation of this trial contravenes international human rights standards and is a clear demonstration of the lack of a functioning judicial system in Turkey.

We call for the case against all 16 defendants to be dropped and for Kavala and Aksakoğluto be compensated for the time they have spent in prison.

Doubts over the independence of the court panel was casted by many, including lawyer Can Atalay, defendant in this case. While giving oral evidence at court in his defense, Atalay commented that the changes in the judicial panel made by the Council of Judges and Prosecutors are indications of the lack of impartiality of the judiciary. As such, he argued that it was in contravention of Articles 36 (right to a Fair Trial) and 37 (right to a Natural Judge) of the Turkish Constitution, and in violation of the right to a fair trial as enshrined in Article 6 of the European Convention on Human Rights.

Kjersti Løken Stavrum, President of Norwegian PEN said, “The lack of independence of the judicial panel has been proved beyond doubt today. In a case where there is neither evidence or cause to detain the defendant Kavala in prison for one more day, the decision was given for his continued detention. By the time of the next hearing in December, Kavala will have spent over two years in prison for no tangible legal reason. We call for the entire case to be dropped and for this surreal and illegal process to be brought to a close.”

“A decision on Kavala’s case remains pending before the European Court of Human Rights. Today’s proceedings underscore the disintegration of the rule of law and domestic remedy in Turkey, as the defendant – who has already spent over 700 days in detention – is ordered to remain in pre-trial detention on completely baseless charges. We urge the European Court of Human Rights to speedily rule in this case,” said Sarah Clarke, Head of Europe and Central Asia for ARTICLE 19.

We urge the Turkish Ministry of Justice to put an end to such practices where punishment is meted out ahead of possible conviction and to commit to the abolition of extended pretrial detention, as the Government outlined in the recent Judicial Reform Strategy, by immediately freeing Kavala.

We also call upon all diplomatic missions and all other international observers to attend the next hearing on 24-25 December 2019 to records the proceedings and show their continuing support for the defendants.

Signed by
ARTICLE 19
Articolo 21
Civic Space Studies Association
Danish PEN
ECPMF (European Centre for Press and Media Freedom)
English PEN
EFJ (European Federation of Journalists)
German PEN
GEN Global Editors Network
IFJ International Federation of Journalists
Norwegian PEN
OBCT (Osservatorio Balcani e Caucaso Transeuropa)
P24 (Punto 24)
PEN America
PEN Canada
PEN International
SEEMO (South East Europe Media Organisation)
Swedish PEN
Wales PEN Cymru

https://ifex.org/turkey-joint-call-for-charges-against-gezi-park-defendants-to-be-dropped/

3 November 2019: Rights groups call for novelist Ahmet Altan, Nazlı Ilıcak and other journalists to be released

December 30, 2020 • • disabled comments

Altan, Ilıcak and others are being retried on bogus terrorism charges. The presiding judge is the same one who oversaw their first trial, which the Bar Human Rights Committee said “gave the appearance of a show trial”.

This statement was originally published on article19.org on 2 November 2019.

Ahead of the second hearing in the retrial of Turkish novelist Ahmet Altan, Nazlı Ilıcak and four other journalists and media workers, ARTICLE 19 and 16 free speech and human rights organisations call for all detained defendants to be released and for the charges to be dropped. We believe that the charges against Altan and the other defendants are politically motivated and the case should never have gone to trial. We believe that the new charges are also bogus, as no credible evidence has been presented linking the defendants to terrorism.

Altan and Ilıcak have been in pre-trial detention for over three years on bogus charges. They were initially charged with sedition and are now being re-tried on terrorism charges following a decision by the Supreme Court of Appeals. The final prosecutor’s opinion has been published ahead of the hearing on Monday 4 November, revealing that the prosecutor will ask for the judge to sentence significantly above the minimum required sentence for these offences. If the judge rules in line with the Prosecutor’s opinion, this will mean that the defendants will remain in detention during the appeals process which could take many more months. The on-going violation of their rights is a damning indictment of the state of Turkey’s judicial system, which has been placed under immense political pressure since the failed coup of July 2016.

We have serious concerns regarding the panel of judges overseeing this retrial. It will be presided over by the same judge who oversaw the first trial, which involved several violations of the right to a fair trial and according to the Bar Human Rights Committee, “gave the appearance of a show trial”. The same panel of judges also previously refused to implement the Constitutional Court and European Court of Human Rights rulings that Mehmet Altan’s rights had been violated by his pre-trial detention, sparking off a constitutional crisis.

With the Constitutional Court failing to find a violation in the case of Ahmet Altan and Nazlı Ilıcak in May 2019, we look to the European Court of Human Rights (the Court) for justice. In 2018, the Court found several violations of Mehmet Altan’s rights. The Court also said that it would keep the effectiveness of remedies before the Constitutional Court under review. Altan and Ilıcak have now spent over three years in pre-trial detention. If the judge rules on Monday in line with the Prosecutor’s final opinion, they will be condemned to an even longer period of unjustified detention. By January 2020, their applications before the Strasbourg Court will have been pending for three years. A judgment from the European Court of Human Rights on their cases is now crucial.

Signatories
ARTICLE 19
Articolo 21
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
Freedom House
German PEN
Global Editors Network (GEN)
IFEX
Index on Censorship
Norwegian PEN
P24 – Platform for Independent Journalism
PEN America
PEN Canada
PEN International
South East Europe Media Organisation (SEEMO)
Swedish PEN

About the case

The retrial in the case of writers and media workers Ahmet Altan, Mehmet Altan, Nazlı Ilıcak, Yakup Şimşek, Fevzi Yazıcı and Şükrü Tuğrul Özşengül began on 8 October 2019, after the Supreme Court of Appeals overturned their convictions of “attempting to overthrow the constitutional order through violence and force” under Article 309 of the Turkish Penal Code, for which they had been given aggravated life sentences. The Supreme Court of Appeals found that there had been no evidence of their use of “violence and force” and that Mehmet Altan should be acquitted entirely due to lack of sufficient evidence. The charges for the other five defendants were reduced: Ahmet Altan and Nazlı Ilıcak face new charges of “aiding a terrorist organisation” while Yakup Şimşek, Fevzi Yazıcı, Şükrü Tuğrul Özşengül face charges of “membership in a terrorist organisation”. Their re-trial, on new charges, began in October 2019 and the second hearing, at which the judge may rule on the case is on 4 November 2019.

More detailed information on these cases and the retrial can be found here.

ARTICLE 19 submitted an expert opinion to the court in June 2018.

Freedom of expression in Turkey

Under President Erdogan’s rule, freedom of expression has severely declined in Turkey. Over the last four years at least 3,673 judges and prosecutors have been dismissed and the judiciary effectively purged of anyone who is perceived as opposing the government through the exercise of freedom of expression. Around 170 media outlets have been closed down over claims they spread “terrorist propaganda”. Only 21 of these have been able to reopen, some of them however being subject to major changes in their management boards. Turkey has become the world’s biggest jailor of journalists with at least 121 journalists and media workers currently in prison and hundreds more on trial.

For more information on freedom of expression in Turkey, please see our joint NGO submission for Turkey’s Universal Periodic Review at the United Nations.

https://ifex.org/rights-groups-call-for-novelist-ahmet-altan-nazli-ilicak-and-other-journalists-to-be-released/

13 November 2019: ‘Terrorist propaganda’ charges against Fikret Başkaya must be dismissed

December 30, 2020 • • disabled comments

Fikret Başkaya, writer and academic, photo courtesy of the Initiative for Freedom of Expression – Turkey.

‘Terrorist propaganda’ charges against Fikret Başkaya must be dismissed

Rights groups are calling on Turkey to drop unjustified charges against writer Fikret Başkaya and others accused of ‘terrorist propaganda’ for peaceful expression of opinion.

To:
His Excellency R. T. Erdogan
President of the Republic of Turkey
The Presidential Complex of Republic of Turkey
Gazi, Cumhurbaşkanlığı Blv.
06560 Yenimahalle/Ankara

Dear Mr President,

The undersigned freedom of expression and human rights organizations worldwide are writing to you to call for the dismissal of charges against Turkish academic co-founder and president of Free University and writer Fikret Başkaya, and an end to similar unjustified charges against other Turkish citizens.

While your government declared an end to Turkey’s state of emergency last year, by independent estimates over 130 journalists and writers remain in prison in Turkey, while hundreds more are currently being tried on charges of ‘terrorist propaganda’ for what by international standards would be considered simple expression of their views.

Fikret Başkaya is among them. His next and perhaps last hearing is scheduled to take place at Ankara’s 21st Heavy Criminal Court on November 22, 2019. He is facing charges of ‘terrorist propaganda’ for a single critical article published in November 2016, and now faces imprisonment of up to five years.

As you know, Turkey signed the UN Declaration of Human Rights and ratified the International Covenant for Civil and Political Rights, in which article 19 guarantees the right to freedom of expression. Turkey is also a party to the the European Convention on Human Rights, whose article 10 similarly guarantees that right. Article 90 of Turkey’s Constitution affirms that such instruments duly ratified carry the force of law in Turkey. While these articles make allowances for limitations of that right in narrow circumstances, peaceful criticism of state policies, even harshly or offensively worded, cannot reasonably be said to meet these criteria, and is a normal and vital part of social debate in free and democratic societies.

Ending Fikret Başkaya’s prosecution and similar procedures against academics and writers as well as bringing anti-terrorism and defamation laws in line with international standards would be an important signal that Turkey takes these obligations seriously, and help to normalize its relationship with other Member States.

Initiative for Freedom of Expression – Turkey
Adil Soz – International Foundation for Protection of Freedom of Speech
Albanian Media Institute
Cartoonists Rights Network International (CRNI)
Freedom Forum
Free Media Movement
Freedom of Expression Institute (FXI)
Fundamedios – Andean Foundation for Media Observation and Study
Independent Journalism Center (IJC)
International Press Centre (IPC)
Mediacentar Sarajevo
Media Foundation for West Africa (MFWA)
Media Rights Agenda (MRA)
Media Watch
PEN Norway
PEN America
PEN International
Syrian Center for Media and Freedom of Expression (SCM)
South East Europe Media Organisation (SEEMO)
Vigilance for Democracy and the Civic State
Danish PEN
European Centre for Press and Media Freedom
Dr. Baskin Oran, Professor Emeritus of International Relations, Ankara University

https://ifex.org/terrorist-propaganda-charges-against-fikret-baskaya-must-be-dismissed/

9 December 2019: Albanian authorities pursue highly problematic media laws despite public outcry

December 30, 2020 • • disabled comments

If new draft laws enter into force, they will introduce mandatory registration for online media and create a body with the power to fine, shut down and block sites and platforms – all without a court order. Online media will be regulated by the state.

This statement was originally published on rsf.org on 9 December 2019.

We, the undersigned organisations, reiterate our call on the Albanian parliament not to approve the draft media laws known as the “defamation package.” Should the draft laws enter into force, they would introduce mandatory registration requirements for online media and create an administrative body with the power to fine, shut down online media and block foreign online media – all without a court order. They would also introduce state regulation of online media, which is contrary to international best practice guidelines on self-regulation.

We note that the proposals are not in line with best practices on self-regulation and would have an adverse impact on freedom of expression in Albania. This comes as Albania is set to take the Presidency of the Organisation for Security and Cooperation in Europe (OSCE) in January 2020.

The Albanian Parliament has initiated ‘public consultations’ of the draft media laws. The first of these meetings took place on 25 November amid strong opposition from national and international press and media freedom community. The next ‘public consultation’ hearings will take place on 11 and 12 December 2019 in Tirana. The draft media laws are expected to be approved by the parliament on 19 December 2019.

There is widespread concern over the persistence of the government and parliament to pursue these draft laws as they signal a turn for the worst for Albania’s press freedom climate. Albania has clear obligations and duties under the European Convention on Human Rights and the OSCE, the Presidency of which it is due to assume in January 2020. Should these laws be passed, it would be particularly problematic for Albania to assume this role.

On 3 July 2019, the Albanian Government’s Council of Ministers approved a series of amendments known as the “anti-defamation package,” which include amendments to law Nr.97/2013 “On Audio Visual Media in the Republic of Albania” and law Nr.9918 “On Electronic Communications in the Republic of Albania.”

During our advocacy mission in Tirana, conducted from 18 to 21 June 2019, which included, the European Centre for Press and Media Freedom (ECPMF), ARTICLE 19, the Committee to Protect Journalists (CPJ), the European Federation of Journalists (EFJ), the International Press Institute (IPI), Reporters Without Borders (RSF) and the South East Europe Media Organisation (SEEMO), we warned of the deteriorating press freedom climate in Albania.

We raised our serious concerns about the proposed legislation during our meeting with Prime Minister Edi Rama, urging that the amendments be brought in line with international standards. In July, we called on the Albanian Government to withdraw these two bills and urged the parliament not to approve them.

We are therefore, dismayed that the Albanian parliament has put forward these draft laws without fully addressing suggestions provided by local actors and international institutions. The OSCE Representative on Freedom of the Media published today, 9 December, its latest legal analysis of the draft laws, calling for further improvements to ensure “safeguards to freedom of expression and avoid any risk of undue restrictions or sanctions on electronic media providers.”

We call on the Albanian parliament to drop their dogged pursuance of these draft laws and restart the process. The parliament should also make use of the assistance mechanisms available through the Council of Europe office in Tirana and the European Union, in order to come up with laws that are in line with best practice press freedom standards.

Signed

European Centre for Press and Media Freedom (ECPMF)
ARTICLE 19
European Federation of Journalists (EFJ)
South East Europe Media Organisation (SEEMO)
International Press Institute (IPI)
Reporters Without Borders (RSF)
Committee to Protect Journalists (CPJ)
The Rory Peck Trust (RPT)

https://ifex.org/albanian-authorities-pursue-highly-problematic-media-laws-despite-public-outcry/

https://ipi.media/wp-content/uploads/2019/12/Hungary-Conclusions-International-Mission-Final.pdf

17 January 2020: Impunity must not be allowed to gain a foothold in Slovakia

December 30, 2020 • • disabled comments

Press groups welcome the start of the trial of those accused in connection with the murder of Ján Kuciak and his fiancée, Martina Kušnírova; they call on the authorities to introduce effective measures to prevent violence against journalists in the future.

This statement was originally published on europeanjournalists.org on 17 January 2020.

The undersigned international and regional press freedom and journalism groups welcome the start of the murder trial this week against the suspected killers of Slovak journalist Ján Kuciak and his fiancée, Martina Kušnírova.

The suspects on trial at the Specialized Criminal Court in Pezinok, Slovakia, include the alleged mastermind, Slovak businessman Marian Kočner, who prosecutors say ordered Kuciak’s murder in retaliation for his journalistic work. A confidante of Kočner’s, Alena Zsuzsová, is charged with having arranged the murder via a middleman, Zoltán Andruskó, who in turn contracted two alleged hitmen, cousins Tomáš Szabó and Miroslav Marček.

Andruskó previously admitted guilt to prosecutors and was sentenced to 15 years in prison in December. He testified in court on Tuesday against Kočner and Zsuzsová, stating that Zsuzsová provided him with a detailed surveillance file on Kuciak on Kočner‘s behalf and asked for the journalist to be killed and his body disposed of without a trace.

Kuciak and Kušnírová were murdered in their home in Veľká Mača on February 21, 2018. Marček pled guilty on Monday, describing to the court how he knocked on Kuciak’s door, shot the journalist in the chest, and then followed Kušnírová into the kitchen and shot her in the head.

The murders rocked Slovak society, prompting the largest protests since the Velvet Revolution.

The undersigned organizations believe that the start of the trial marks an important step toward securing justice for Ján and Martina and for their families, who have suffered a deep and irreplaceable loss. We stand in solidarity with them.

The killing of two people to prevent the release of news is an abhorrent and unacceptable act. It is imperative that all of those who played a role in this crime receive just punishment. The Slovak justice system must ensure that impunity is not allowed to gain any foothold and must demonstrate that no one is above the law.

We also underscore the need for action beyond this criminal trial. The Slovak authorities must investigate and take steps to counteract the conditions that allowed for this murder to take place and introduce effective measures to prevent violence against journalists in the future. The authorities must also fully investigate all attacks on the press, including the mass, unlawful surveillance of numerous journalists allegedly conducted at the behest of Kočner.

All of the undersigned groups will be closely following developments in the proceedings, a reflection of the great international interest in ensuring justice in this case. Representatives of the Vienna-based International Press Institute (IPI) and the Organized Crime and Corruption Reporting Project (OCCRP) are also attending the trial as observers.

Signed:

ARTICLE 19
Articolo 21
Committee to Protect Journalists
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Federation of Journalists (IFJ)
International Press Institute (IPI)
PEN International
Osservatorio Balcani Caucaso Transeuropa
South East Europe Media Organisation (SEEMO)
ARTICLE 19
Committee to Protect Journalists (CPJ)
European Federation of Journalists (EFJ)
International Federation of Journalists (IFJ)
International Press Institute (IPI)
PEN International
South East Europe Media Organisation
Articolo 21
European Centre for Press and Media Freedom (ECPMF)
Osservatorio Balcani Caucaso Transeuropa

https://ifex.org/impunity-must-not-be-allowed-to-gain-a-foothold-in-slovakia/

16 March 2020: Global call to lift advertising ban on Turkish newspaper ‘Evrensel’

December 30, 2020 • • disabled comments

Twenty four press freedom groups call for the immediate end to the public advertising ban imposed on the independent newspaper ‘Evrensel’. Should the ban last six months, ‘Evrensel’ faces being removed from the system for at least three years.

This statement was originally published on pen-international.org on 16 March 2020.

In a letter addressed to Basın İlan Kurumu, the authority responsible for the distribution of state advertising in Turkey, PEN International and 23 press freedom and freedom of expression groups are calling for the immediate end to the public advertising ban that has been imposed on the independent newspaper ‘Evrensel’ since September 2019. Should the ban last for a full six months, ‘Evrensel ‘faces being removed from the system for at least three years, which would be catastrophic for its financial stability.

Rıdvan Duran,
General Director, Basın İlan Kurumu (BIK)
Merkez Efendi Mah. Mevlana Cad. No: 140/A
Toya Plaza Kat: 5 Zeytinburnu / İSTANBUL

March 16, 2020

Dear Mr. Duran,

On behalf of the 24 international and local press freedom organisations and signatories to this letter, we are writing to ask that Basın İlan Kurumu (BIK) swiftly lift the advertising ban currently imposed on the newspaper Evrensel.

Evrensel has been under an advertising ban since September 2019, and if the ban remains in place for a full six months, until March 28, 2020, Evrensel faces being removed from the public advertising system for at least three years.

Such a decision would have a devastating impact on the finances of the newspaper, threatening its closure and weakening the diversity and pluralism of Turkey’s newspaper market.

In February you met with representatives of the International Press Institute (IPI), Committee to Protect Journalists (CPJ), Journalists Syndicate of Turkey (TGS), Reporters sans Frontières (RSF) and the European Federation of Journalists (EFJ) and assured them that the ban would be lifted as soon as Evrensel made the necessary changes to their distribution system so as not to fall foul of the bulk buying rules.

Evrensel have since made the changes requested of them, but have three times had their appeals refused after new audits conducted by BIK.

BIK was given a crucial democratic role when it was established in 1961 to provide support to the country’s newspaper sector through the even distribution of public advertising funds. The system has become essential to the survival of many newspapers as the economic pressures on the print industry have grown over the past decade.

BIK’s role is therefore vital to ensure the health, diversity and plurality of Turkey’s newspaper sector. Central to that is, of course, its policy to provide support regardless of a newspaper’s editorial line. Evrensel is known for its independent reporting and has, in recent years, been targeted for judicial harassment as a consequence.

In addition to the indefinite ban, since September BIK has also issued three other limited bans on Evrensel for alleged ‘press ethics violations’. Further penalties would strongly suggest that BIK is being used to punish Evrensel for its independent reporting.

We urge you, therefore, to make good on your promise and to ensure the prompt lifting of the ban on Evrensel prior to the end of the six-month deadline.

We also take this opportunity to urge BIK to start publishing annual reports on the distribution of its funds that we understand amount to 450 million Turkish Lira of public funds and on the different disciplinary measures taken against newspapers. Providing transparency on BIK’s use of public funds would enable the public to verify that its money is used correctly and is consistent with the principles of supporting a pluralistic and democratic media environment.

Kind regards,

Signatories:

Article 19
Articolo 21
Association of European Journalists (AEJ)
Cartoonists Rights Network International (CRNI)
Civic Space Studies Association – Turkey / Sivil Alan Araştırmaları Derneği
Committee to Protect Journalists (CPJ)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
German PEN
Human Rights Watch (HRW)
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Journalists Union of Turkey
Norwegian PEN
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
PEN America
PEN International
Platform 24
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Swedish PEN
World Association of News Publishers (WAN-IFRA)

https://ifex.org/global-call-to-lift-advertising-ban-on-turkish-newspaper-evrensel/

30 March 2020: COVID-19: Rights groups call on Turkey to release imprisoned journalists and human rights defenders

December 30, 2020 • • disabled comments

While news that the Turkish government is preparing a draft law to release up to 100,000 prisoners is welcome, the package of measures does not include journalists, human rights defenders and others imprisoned for simply exercising their rights.

This statement was originally published on article19.org on 27 March 2020.

Amid growing concerns over the spread of COVID-19 in prisons, the Turkish government is accelerating the preparation of a draft law that will reportedly release up to 100,000 prisoners. This is a welcome step. Overcrowding and unsanitary facilities already pose a serious health threat to Turkey’s prison population of nearly 300,000 prisoners and about tens of thousands of prison staff. That will only be exacerbated by the coronavirus pandemic. However, we remain concerned that journalists, human rights defenders and others imprisoned for simply exercising their rights, and others who should be released, will remain behind bars in the package of measures as currently conceived by the government.

The undersigned organisations call on the Turkish authorities to immediately and unconditionally release journalists, human rights defenders and others who have been charged or convicted simply for exercising their rights. Additionally we believe that the Turkish authorities should re-examine the cases of all prisoners in pre-trial detention with a view to releasing them. According to international human rights law and standards, there is a presumption of release pending trial, in accordance with the presumption of innocence and right to liberty. Pre-trial detention should only be used as an exceptional measure, yet it is applied routinely and punitively in Turkey.

The government should also seriously consider releasing prisoners who are particularly vulnerable to COVID-19, such as older prisoners and those with serious medical conditions. The authorities should ensure that all prisoners have prompt access to medical attention and health care to the same standards that are available in the community, including when it comes to testing, prevention and treatment of COVID-19. Prison staff and health care workers should have access to adequate information, equipment, training and support to protect themselves.

Under the current Law on the Execution of Sentences and Security Measures, prisoners are eligible for parole after they have served two thirds of their sentence. The draft law that is expected to be passed in Parliament within days reportedly makes prisoners eligible for parole after they have served half of their sentence.

Under the new law, pregnant women and prisoners over 60 with documented health issues will be placed under house arrest. Individuals convicted of a small number of crimes, including on terrorism-related charges, will not be eligible for reduced sentences. The draft law does not apply to those held in pre-trial detention or whose conviction is under appeal. The measure is expected to be introduced as the third reform package under the government’s Judicial Reform Strategy revealed last summer.

In Turkey, anti-terrorism legislation is vague and widely abused in trumped up cases against journalists, opposition political activists, lawyers, human rights defenders and others expressing dissenting opinions. As we have documented in the large number of trials we have monitored, many are held in lengthy pre-trial detention and many are convicted of terrorism-related crimes simply for expressing dissenting opinions, without evidence that they ever incited or resorted to violence, or assisted illegal organisations.

This includes high profile journalist and novelist Ahmet Altan, Kurdish politician Selahattin Demirtaş, and businessman and civil society figure Osman Kavala, in addition to many more academics, rights defenders and journalists. Demirtaş has previously reported heart-related health problems in prison, and both Altan and Kavala are over 60 years old meaning they could be at increased risk from COVID-19. These people should not be detained at all, and excluding them from release would only compound the serious violations they have already suffered.

We, the undersigned, call on the government and Parliament to respect the principle of non-discrimination in the measures taken to lessen the grave health risk in prisons. The effect of the draft law is to exclude certain prisoners from release on the basis of their political views. Thousands of people are behind bars for simply exercising their rights to freedom of expression and peaceful assembly. Now they are also faced with an unprecedented risk to their health. According to its commitments under international human rights law, Turkey is under a clear obligation to take necessary measures to ensure the right to health of all prisoners without discrimination.

We invite Turkish authorities to use this opportunity to immediately release unjustly imprisoned people, and give urgent consideration to the release of those who have not been convicted of any offence and those who are at particular risk in prison from a rapidly spreading disease in overcrowded and unsanitary conditions where their health cannot be guaranteed.

Read this statement in Turkish.

Signatories

ARTICLE 19
Punto24, Platform for Independent Journalism
Amnesty International
ARTICOLO 21
Association of European Journalists (AEJ)
Cartoonists’ Rights Network International (CRNI)
Committee to Protect Journalists (CPJ)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Freedom House
Frontline Defenders
German PEN
Index on Censorship
Initiative for Free Expression – Turkey (IFoX)
International Press Institute (IPI)
IPS Communication Foundation/bianet
IFEX – the Global Network Defending and Promoting Free Expression
Norwegian PEN
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
PEN Canada
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Swedish PEN
Turkey Human Rights Litigation Support Project (TSLP)
WAN-IFRA/World Association of News Publishers

https://ifex.org/covid-19-rights-groups-call-on-turkey-to-release-imprisoned-journalists-and-human-rights-defenders/

7 April 2020: Eight months and counting: the world’s longest communications shutdown in Kashmir must end

December 30, 2020 • • disabled comments

April 5 will be 245 days since 4G mobile internet was suspended in Indian-administered Jammu and Kashmir, causing immense hardship and disruption of civilian life as well as violating the public’s right to access information.

This statement is published as part of IFJ-SAMSN’s campaign, Postcards from Kashmir.

The outbreak of COVID-19 in 2020 has left millions of people holed up in their homes across the globe, including 7 million in the Kashmir Valley alone. In this region, the lockdown has had an even more crippling impact due to lack of access to high-speed mobile internet to provide people access to critical information and medical research. The region’s 4G mobile internet is yet to be restored after it was shut down exactly eight months ago.

On August 5, 2019, the Indian government unilaterally abrogated Article 370 of the Constitution of India which gave Jammu and Kashmir limited autonomy and put the region under an unprecedented communications lockdown. As a result, internet, mobile phones and fixed telephone lines were suspended, making Kashmir the world’s biggest “information black hole” and causing acute agony and pain to its people.

Since 2019, there have been serious allegations of human rights violations and the suspension of fundamental rights and the right to speech and expression. But these stories still remain to be told, since the region’s media has been rendered virtually dysfunctional by restrictions on physical mobility and the long-running clampdown on communication, including internet and telephones.

Five months after the unprecedented restrictions were imposed in Kashmir, India’s Supreme Court in January declared internet as a fundamental right.

Kashmir has now recorded the highest number of internet shutdowns (180) in India since 2012. The recent blackout has set a record of being the longest ever communications blackout in a democracy.

The recent outbreak of the Covid-19 pandemic prompted the monitors for freedom of expression and freedom of the media for the United Nations, the Inter-American Commission for Human Rights, and the Representative on Freedom of the Media of the Organization for Security and Co-operation in Europe a joint statement to emphasise that internet access is critical at a time of crisis. However, there has been no let-up in restrictions on high speed mobile internet in Kashmir at this point. The state-owned high speed Broadband internet is available to just 20,000 subscribers in Kashmir. Private internet service providers’ subscribers are mainly commercial establishments and media houses, and therefore cover just a few thousand media workers, while the remainder of the region’s population including journalists mainly dependent on mobile internet.

The media, in particular, has been hard hit, unable to function without one of the most basic and fundamental tools of communication in the digital age. Routinely during the period were repeated instances of denial of internet. The COVID-19 pandemic has forced journalists to restrict working at their workplaces and continues to affect media reporting and journalists in some of the following ways:

Inability to access websites and conduct online research that would allow reporters to present verified facts in a timely manner.

Inability to make video-calls and share documents and visuals that are essential for research and reporting a story of the magnitude of the Covid-19 pandemic.

Multi-media journalists cannot edit and share audio and video files with the existing internet speed restrictions.

Digital news portals based out of Kashmir are unable to share high-resolution videos and even some high-quality images. The public is thus denied access and hence violating their right to information.In a situation where a lockdown due to self-solation measures precludes physical verification of incidents, 4G mobile internet becomes absolutely essential. Journalism is vital to stop the spread of fake news, myths and sensationalized stories, at a time when verified information put out by professional journalists in credible media houses could make the difference between life and death.

We, the undersigned, call upon the Indian federal government and Jammu and Kashmir state authorities to:

Immediately restore all communications to the Kashmir Valley and ensure that all access is open and without restriction

Allow local reporters to move without restrictions in order to carry out their professional duty of informing the public

Ensure that media houses provide field reporters with standard personal protective equipment to keep them safe while on duty.

Sincerely,

Afghanistan Journalists Center (AFJC)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
ARTICLE 19
Bytes for All (B4A)
Cartoonists Rights Network International (CRNI)
Center for Media Freedom and Responsibility (CMFR)
Committee to Protect Journalists (CPJ)
Digital Rights Foundation
Free Media Movement
Federation of Nepali Journalists (FNJ)
Index on Censorship
Initiative for Freedom of Expression – Turkey
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Media Foundation for West Africa (MFWA)
Media Watch
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa (MISA)
PEN Norway
OpenMedia
Pakistan Press Foundation
PEN America
PEN International
Reporters Without Borders (RSF)
SFLC.in
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
World Association of Community Radio Broadcasters (AMARC)
Afghan Independent Journalists’ Association
Federation of Media Employees’ Trade Unions (FMETU)
Indian Journalists Union (IJU)
Journalists Association of Bhutan (JAB)
National Union of Journalists – Nepal
National Union of Journalists – India
Nepal Press Union (NPU)
Pakistan Federal Union of Journalists (PFUJ)
Sri Lanka Working Journalist Association (SLWJA)

https://ifex.org/eight-months-and-counting-the-worlds-longest-communications-shutdown-in-kashmir-must-end/

17 April 2020: EU’s new rule of law mechanism must help uphold press freedom

December 30, 2020 • • disabled comments

Twenty-four press freedom groups and other civil society organisations send a list of recommendations to EU leaders on how a newly formed rule of law mechanism can help strengthen press freedom and media plurality.

This statement was originally published on ipi.media on 17 April 2020.

The International Press Institute (IPI), a global network of editors, media executives and leading journalists for press freedom, has joined together with 23 other civil society partners to send a list of recommendations to EU leaders on how a newly formed rule of law mechanism can help strengthen press freedom and media plurality.

The joint recommendations, From blueprint to footprint: Safeguarding media freedom and pluralism through the European Rule of Law Mechanism, makes a series of proposals to the European Commission on how to strengthen the mechanism and effectively protect the press.

The letter and report, published today, were addressed to Vera Jourová, Vice-President of the European Commission for Values and Transparency, and Didier Reynders, the European Commissioner for Justice and will help inform EU decision-makers.

The European Rule of Law Mechanism was created in in July 2019 and is aimed at assisting the EU in upholding democracy and overcoming the limits of the Article 7 procedure.

A public stakeholder consultation was launched in March and is open until May 4 for contributions to the first Rule of Law report to be published later this year.

The letter and a link to the report follow

Dear Vice-President Jourová,
Dear Commissioner Reynders,

The launch of the European Rule of Law Mechanism and a dedicated chapter to media freedom and pluralism in the upcoming Annual Rule of Law Report are key opportunities to address the worrying state of press freedom in the EU.

We, the undersigned organisations, have joined forces and put together the attached recommendations on how to make the European Rule of Law Mechanism strong, timely, inclusive and representative of the challenges faced by journalists and the media sector.

Although we welcome the launch of the stakeholder consultation on 24 March, as well as the prospect of country-visits in each EU Member State, we believe substantial improvements can be brought to the Mechanism and Annual Report process, in order to effectively uphold press freedom and media pluralism and lead to concrete improvements for journalists and the media sector.

At a time when some member states are using the COVID-19 crisis to take emergency measures restricting the ability of the media and journalists to inform citizens, a strong stance from the EU to safeguard the rule of law is more than needed. This is why we urge you to make the most of the potential of the Mechanism and ensure it paves the way for a durable, critical and permanent process, going beyond monitoring and promoting the rule of law across the EU.

We thank you in advance for taking our concerns into consideration, and would welcome the opportunity to discuss these recommendations during a joint (online) meeting.

We look forward to your response,

Sincerely,

ActiveWatch
Association Mondiale des Radiodiffuseurs Communautaires Europe (AMARC Europe)
Archiwum Osiatyńskiego
ARTICLE 19
Budapest Centre for Independent Journalism (CIJ)
Committee to Protect Journalists (CPJ)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
Hungarian Civil Liberties Union (HCLU)
IFEX
International Press Institute (IPI)
Media Diversity Institute (MDI)
Netherlands Helsinki Committee (NHC)
Norsk PEN
PEN International
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
South East European Network for Professionalization of Media (SEENPM)
Stichting Democracy & Media
Daphne Caruana Galizia Foundation
DW Akademie
European Centre for Press and Media Freedom (ECPMF)
Gazeta Wyborcza Foundation
Global Forum for Media Development (GFMD)

https://ifex.org/eus-new-rule-of-law-mechanism-must-help-uphold-press-freedom/