UN expert urges Turkey to release detainees
UN expert urges Turkey to release detainees amid
“grave concern” about free speech
GENEVA /
ANKARA (18 November 2016) - The United Nations Special
Rapporteur on the right to freedom of opinion and
expression, David Kaye, today expressed deep concern about
widespread measures being used to erode independent opinion
and expression in Turkey.
“Across the board, the
Government is imposing draconian measures that limit freedom
of expression," said Mr. Kaye at the end of a one-week
official mission to the country.
"The press, individuals
online, artists, opposition voices and many others face
unprecedented pressure, from censorship to outright
detention. I urge the Government to reverse this course and
return to protecting and promoting the rights that all
people in Turkey enjoy under their Constitution and
international human rights law."
Mr. Kaye said that
Turkey was facing a wide variety of threats, and he had
particular sympathy for those who continued to feel the
shock of the 15 July attempted coup, the deaths and injuries
it caused, and its assault on Turkey's democratic
institutions.
He added: “There is no doubt that Turkey
has a responsibility to protect the life of every person in
the country and to ensure the continuation of democratic
freedoms.”
“The Government raised its national
security concerns with me, which are grounds for concern for
any government. Yet the unjustified attacks on lawyers,
judges, journalists, artists, academics and activists
undermine security and generate polarization and long-term
instability.”
The UN expert noted that the defence of
life and protection of democratic institutions had to
involve measures consistent with Turkey's international
obligations. He expressed grave concern that several laws -
in particular the Anti-Terrorism Law, the Emergency Decrees,
the criminalization of defamation of the President, and
internet regulations – were imposing unnecessary and
disproportionate attacks on freedom of expression, even in
the context of a state of emergency.
During his visit he
found that anti-terrorism laws were regularly being used as
a basis to criminalize reporting and shut down all forms of
media. He said the situation regarding freedom of
expression was “grave”.
“I call on the Government
in the strongest possible terms to immediately release all
those held in prison for exercising their rights to freedom
of opinion and expression," said Mr. Kaye.
The Special
Rapporteur said it had been an honour during his visit to
meet several people who had been detained over their work in
the media. The meetings took place with the permission of
the Ministry of Justice.
Five of the detainees he met,
affiliated with Cumhuriyet newspaper, are being held
at Silivri Prison in Istanbul: Hakan Karasınır,
Bülent Utku, Güray Tekin Öz, Mustafa Kemal Güngör,
and Onder Celik. He also met
writer and activist Necmiye Alpay at
Borokoy Women's Prison in Istanbul and spoke to other
detainees’ lawyers and associates.
Mr. Kaye said the
Ministry of Justice had regrettably denied him access to
eight other writers and journalists - Asli Erdogan,
Ahmet Altan, Mehmet Altan, Kadri Gursel, Murat Sabuncu,
Turhan Gunay, Musa Kart, Guray Tekin- as well as UN
criminal judge Aydin Sefa Akay.
"I urge
the Government not only to release all of these individuals
but to release their colleagues and others detained on
similar charges throughout the country," he said.
The UN
expert voiced particular concern over the alarming number of
dismissals from universities and in the media.
“The
measures are not only drastic and disproportionate, but they
lack any form of transparency,” he said. “As with media
professionals, the Government accuses people of serious
crimes, but without presenting evidence, without due process
and without any form of transparency.”
He stressed the
importance of establishing review mechanisms and functioning
independent appeal systems.
Mr. Kaye also drew attention
to the attacks on the right to freedom of expression of
Kurdish artists, media outlets and
academics.
Non-Governmental organizations have reported a
deterioration of the space for their work, including the
suspension of 370 NGOs on 11 November 2016. Civil society
continued to face increased government control, censorship
and administrative pressures, he noted.
“Turkey has
enjoyed a vibrant civil society, which the authorities have
a duty to protect and promote,” Mr. Kaye said. “Civil
society is any government’s ally in the promotion of
stability and economic growth. It is with deep regret that I
observe the severe measures taken by the authorities in the
opposite direction.”
Referring to the blocking of
websites and networks, including mobile services, the
Special Rapporteur underscored that these measures were
disproportionate and incompatible with international
standards. “Parliament should consider adopting
legislation that would impose restrictions on the arbitrary
power to block the Internet and mobile communications,” he
stated.
Mr. Kaye concluded by underlining his intention
to work further with the Turkish Government to improve the
legal and political environment for fundamental
rights.
“Turkey has maintained a good and open dialogue
with various human rights mechanisms. I thank the
authorities for their openness to engage in frank
discussions and I look forward to exchanging information on
my concerns,” he said.
The expert, who visited the
country at the invitation of the Government of Turkey, will
prepare a report to the Human Rights Council on the main
findings of his visit and make recommendations on the
promotion of the right to freedom of expression in the
country. His visit included meetings with a number of
national authorities as well as discussions with
non-governmental organizations, journalists, artists, the
media, detainees, activists and lawyers.
(*) Check the Special Rapporteur’s full
end-of-mission statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20891&LangID=E