Country of origin information report Turkey March 2007

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Media and Press
15.17 As outlined in the European Commission 2005 report, “As regards freedom of the press, there have been some positive developments, such as acquittals and a number of releases, as a result of the adoption of the new Press Law and the new Penal Code, although, as indicated above, journalists continue to face prosecution and are sometimes convicted for the expression of non-violent opinion…” [71d] (p26)
15.18 The EC 2005 report also noted that:
“In response to fears about restrictions on freedom of the press in the new Penal Code, the Press Council established a new Legal Assistance and Support Service in June 2005. This Service will reportedly provide a lawyer free of charge to journalists facing charges brought against them under provisions of the new Code. The Service will also designate an observer to follow court cases involving journalists. According to International PEN, there are currently an estimated 60 writers, publishers and journalists under judicial process in Turkey.” [71d] (p26-27)
15.19 The Freedom House report ‘Freedom of the press 2006’ published 27 April 2006 noted:
“Constitutional provisions for freedom of the press and of expression exist but are only partially upheld in practice. Although many positive reforms have been passed in recent years in preparation for membership in the European Union-most significantly a new press code in 2004, which mandates heavy fines instead of prison sentences for some press crimes, permits noncitizens to own periodicals and serve as editors, protects against disclosure of sources, and prevents authorities from closing publications or hindering distribution-implementation appeared to lag in 2005 in favor of more restrictive measures.” [62e]
15.20 The same report ‘Freedom of the press 2006’ published 27 April 2006 further noted
“The revised penal code passed in September 2004 was scheduled to enter into force on April 1, 2005. However, implementation was delayed in response to protests by journalists in March over provisions that were too broad and that singled out journalists for more severe punishment than others committing the same crime. The code ultimately went into force in June after some revisions. Press groups continued to denounce the new code because provisions remained that could send journalists to prison, in contradiction of the 2004 press code, for crimes such as stating that genocide was committed against the Armenians in 1915, instigating hatred in one part of the population against another (used against journalists who write about the Kurdish population), or calling for the removal of Turkish troops from Cyprus.” [62e]
15.21 The Freedom House ‘Freedom of the press 2006’ continued:
“Censorship is not explicit, but self-censorship occurs among editors and journalists, who are concerned about violating the many legal restrictions. Often, the courts rule against journalists, who continue to be jailed and face huge fines for various press offenses. Rights groups estimated that 60 Turkish writers, publishers, and journalists were facing prosecution or incarceration in 2005… Turkey's broadcast media are well developed, with hundreds of private television channels, including cable and satellite, as well as commercial radio stations… Media are highly concentrated in a few private conglomerates, which subtly pressure their editors and journalists to refrain from reporting that will harm their business interests. This could include avoiding criticism of the government or potential advertisers, both of which could have contracts with other arms of the companies. The quality of Turkish media is low, but independent domestic and foreign print media are able to provide diverse views, including criticism of the government and its policies.” [62e]
15.22 In the year 2006, Turkey ranked 103 (out of 194 countries) in the Freedom House Table of Global Press Freedom Rankings and the status of its press was considered ‘partly free’. [62b] In the Reporters without Borders (RSF) ‘Worldwide Press Freedom Index 2005’, published on 20 October 2005, the ranking of Turkey was 98 out of 167 countries (ranging from one for the most free to 167 for the least free). The previous ranking for Turkey was 113. [11a]
15.23 As stated in a press release issued on 7 July 2005:
“The OSCE Representative on Freedom of the Media, Miklos Haraszti, today praised the Turkish authorities for introducing important changes to the new Penal Code, following a legal review his Office produced last May listing 23 provisions that needed to be revoked. However, ‘despite some improvements, the amendments do not sufficiently eliminate threats to freedom of expression and to a free press’, Mr Haraszti said… Relating to Article 305 on ‘offences against fundamental national interests’, the Representative noted with satisfaction that two examples in the explanatory ‘Reasoning Document’ – making it a crime to demand the withdrawal of Turkish troops from Cyprus or to claim that Armenians were exposed to genocide – have been removed. On a negative note, however, Mr Haraszti observed three major areas where media freedom remains endangered: the right of journalists to report and discuss on public-interest issues is not secured; restrictions on access and disclosure of information have not been lifted; defamation and insult provisions remain a criminal rather than a civil offence, thereby leaving the free discussion of public affairs at risk. The Representative expressed his hope that modernisation of the Turkish Penal Code would continue in the spirit of improving the freedom of public scrutiny, while the provisions promoting self-censorship would all be removed.” [14a]
15.24 On 5 September 2006, The Times reported that:
“The author of this summer’s Turkish bestseller is to stand trial for allegedly insulting Mustafa Kemal Ataturk, the country’s revered founding father, in her popular revisionist biography of Latife, his wife. The case is the latest in a series of high-profile lawsuits initiated against writers and intellectuals that has brought attention to the shortcomings of the supposedly reformed Turkish legal system with regard to freedom of expression in the European Union candidate country. Mrs Çalislar joins Elif Safak, who will go on trial next month over her popular novel The Bastard of Istanbul, in which a fictional Armenian character refers to ‘Turkish butchers’ who killed large numbers of Armenians in Turkey during the First World War. Similar charges of ’insulting Turkishness’ also put Orhan Pamuk, Turkey’s most famous author, in the dock this year. Perihan Magden, a journalist, stood trial for her support of conscientious objection.” [107]