European Commissioner half satisfied with Turkey progress
European Commissioner half satisfied with Turkey progress
The Council of Europe Commissioner for Human Rights, Thomas Hammarberg, has been closely following human rights developments in Turkey, including those relating to freedom of expression and media freedom which are essential foundations of a democratic society. In this context, he visited Turkey from 27 to 29 April 2011. During this visit the Commissioner obtained information on the latest developments concerning freedom of expression and freedom of the media.
The Commissioner in his report welcomes the progress made by Turkey in recent years concerning a free and open debate on a variety of human rights-related issues. However, in view of the very large number of judgments of the European Court of Human Rights, for more than a decade, finding violations by Turkey of the right to freedom of expression, he remains concerned by the fact that Turkey has not yet taken all necessary measures to effectively prevent similar violations. He considers that the reported increase in criminal proceedings and arrests involving journalists in Turkey are the result of a failure to effectively address to date the underlying causes identified notably in the judgments of the Court.
The Report released this week focuses on the following issues, which the Commissioner considers of particular relevance to freedom of expression and media freedom in Turkey:
I. Impact of the Turkish Constitution and statutory legislation on freedom of expression
The Commissioner welcomes recent changes to the Turkish Constitution, which are likely to have a positive effect on freedom of expression and media freedom. He considers, however, that the letter and spirit of the 1982 Constitution continue to lie at the very heart of the origins of the serious, long-standing dysfunctions identified in this report. He encourages the Turkish authorities to reflect on and address these issues in the framework of the planned constitutional reform, in close consultation with all political parties and civil society.
The Commissioner considers that the various amendments to the Turkish Criminal Code and the Anti-Terrorism Act have not been sufficient to effectively ensure freedom of expression. He calls on the Turkish authorities to overhaul and amend the provisions detailed in this Report, in order to prevent their disproportionate use to limit freedom of expression. As regards criminal and civil defamation provisions, the Commissioner invites the Turkish authorities to curb their use, in particular by senior officials and politicians.
The Commissioner also encourages the Turkish authorities to review the Act on the Establishment of Radio and Television Enterprises and their Broadcasts and its application by the Radio and Television Supreme Council, in order to ensure their compliance with Council of Europe standards.
II. Serious dysfunctions of the domestic judicial system affecting freedom of expression
The Commissioner observes that most violations of freedom of expression in Turkey stem from a lack of proportionality in the interpretation and application of the existing statutory provisions by courts and prosecutors. He is concerned that the interpretation of the concept of “incitement to violence” is not compliant with the case-law of the European Court of Human Rights. The Commissioner urges the authorities to introduce into the Turkish legal system the defences of truth and public interest, through legislation and case-law.
The Commissioner is deeply concerned that the excessive length of criminal proceedings and remands in custody, problems concerning defendants’ access to evidence against them pending trial, and the lack of restraint on the part of prosecutors in filing criminal cases, has a distinct chilling effect on freedom of expression in Turkey and has led to self-censorship in Turkish media. He urges the Turkish authorities to address these problems through legislative and practical measures, as well as through systematic training and awareness raising activities within the justice system.
III. Other issues (actions of non-state actors, Internet censorship, media landscape)
The Commissioner recalls several judgments of the European Court of Human Rights, where the Court found violations of the right to freedom of expression as a result of civil defamation proceedings in Turkey. He is deeply concerned about a recent domestic judgment against the writer Orhan Pamuk in a civil defamation case, and urges the Turkish authorities to prevent this judgment from becoming established case-law.
The Commissioner is also concerned about the number of attempts at intimidation, attacks and murders perpetrated against journalists and human rights defenders. Recalling in particular the judgment of the European Court of Human Rights regarding the murder of Hrant Dink, the Commissioner urges the Turkish authorities to increase their efforts to protect journalists from and conduct effective investigations into such acts.
The Commissioner considers that the practice of censorship of the Internet and the blocking of websites in Turkey is beyond what is necessary in a democratic society. He encourages the Turkish authorities to review the Turkish Internet Act and carefully delimit its application by administrative bodies in accordance with the Council of Europe standards.
The Commissioner observes that the media landscape in Turkey, which is dominated by large conglomerations, raises certain concerns about editorial independence of newspapers and broadcasting media. He is also concerned that the labour rights of media professionals are often violated and many journalists, in particular investigative journalists, work under precarious conditions. He considers that this media landscape requires particular vigilance on the part of the authorities, who should be urged to refrain from any actions which have chilling effects on freedom of expression and on the work of media professionals.
The Commissioner in his report welcomes the progress made by Turkey in recent years concerning a free and open debate on a variety of human rights-related issues. However, in view of the very large number of judgments of the European Court of Human Rights, for more than a decade, finding violations by Turkey of the right to freedom of expression, he remains concerned by the fact that Turkey has not yet taken all necessary measures to effectively prevent similar violations. He considers that the reported increase in criminal proceedings and arrests involving journalists in Turkey are the result of a failure to effectively address to date the underlying causes identified notably in the judgments of the Court.
The Report released this week focuses on the following issues, which the Commissioner considers of particular relevance to freedom of expression and media freedom in Turkey:
I. Impact of the Turkish Constitution and statutory legislation on freedom of expression
The Commissioner welcomes recent changes to the Turkish Constitution, which are likely to have a positive effect on freedom of expression and media freedom. He considers, however, that the letter and spirit of the 1982 Constitution continue to lie at the very heart of the origins of the serious, long-standing dysfunctions identified in this report. He encourages the Turkish authorities to reflect on and address these issues in the framework of the planned constitutional reform, in close consultation with all political parties and civil society.
The Commissioner considers that the various amendments to the Turkish Criminal Code and the Anti-Terrorism Act have not been sufficient to effectively ensure freedom of expression. He calls on the Turkish authorities to overhaul and amend the provisions detailed in this Report, in order to prevent their disproportionate use to limit freedom of expression. As regards criminal and civil defamation provisions, the Commissioner invites the Turkish authorities to curb their use, in particular by senior officials and politicians.
The Commissioner also encourages the Turkish authorities to review the Act on the Establishment of Radio and Television Enterprises and their Broadcasts and its application by the Radio and Television Supreme Council, in order to ensure their compliance with Council of Europe standards.
II. Serious dysfunctions of the domestic judicial system affecting freedom of expression
The Commissioner observes that most violations of freedom of expression in Turkey stem from a lack of proportionality in the interpretation and application of the existing statutory provisions by courts and prosecutors. He is concerned that the interpretation of the concept of “incitement to violence” is not compliant with the case-law of the European Court of Human Rights. The Commissioner urges the authorities to introduce into the Turkish legal system the defences of truth and public interest, through legislation and case-law.
The Commissioner is deeply concerned that the excessive length of criminal proceedings and remands in custody, problems concerning defendants’ access to evidence against them pending trial, and the lack of restraint on the part of prosecutors in filing criminal cases, has a distinct chilling effect on freedom of expression in Turkey and has led to self-censorship in Turkish media. He urges the Turkish authorities to address these problems through legislative and practical measures, as well as through systematic training and awareness raising activities within the justice system.
III. Other issues (actions of non-state actors, Internet censorship, media landscape)
The Commissioner recalls several judgments of the European Court of Human Rights, where the Court found violations of the right to freedom of expression as a result of civil defamation proceedings in Turkey. He is deeply concerned about a recent domestic judgment against the writer Orhan Pamuk in a civil defamation case, and urges the Turkish authorities to prevent this judgment from becoming established case-law.
The Commissioner is also concerned about the number of attempts at intimidation, attacks and murders perpetrated against journalists and human rights defenders. Recalling in particular the judgment of the European Court of Human Rights regarding the murder of Hrant Dink, the Commissioner urges the Turkish authorities to increase their efforts to protect journalists from and conduct effective investigations into such acts.
The Commissioner considers that the practice of censorship of the Internet and the blocking of websites in Turkey is beyond what is necessary in a democratic society. He encourages the Turkish authorities to review the Turkish Internet Act and carefully delimit its application by administrative bodies in accordance with the Council of Europe standards.
The Commissioner observes that the media landscape in Turkey, which is dominated by large conglomerations, raises certain concerns about editorial independence of newspapers and broadcasting media. He is also concerned that the labour rights of media professionals are often violated and many journalists, in particular investigative journalists, work under precarious conditions. He considers that this media landscape requires particular vigilance on the part of the authorities, who should be urged to refrain from any actions which have chilling effects on freedom of expression and on the work of media professionals.
