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
ENDS
David Kaye (USA) was appointed as Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression in
August 2014 by the United Nations Human Rights Council. Learn more, log on to:
http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms. Special
Procedures mandate-holders are independent human rights experts appointed by
the Human Rights Council to address either specific country situations or
thematic issues in all parts of the world. They are not UN staff and are
independent from any government or organization. They serve in their individual
capacity and do not receive a salary for their work.
Check the International Covenant on Civil and Political
Rights:
UN Human Rights, Country Page – Turkey:
http://www.ohchr.org/EN/Countries/ENACARegion/Pages/TRIndex.aspx
For more information and media requests, please contact
Mr. Stefano Sensi (+41 79 444 3707 / ssensi@ohchr.org), or Ms. Azin Tadjdini
(+90 539 381 2112 /+41 79 444 4702 / atadjdini@ohchr.org)
Read the press release online:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20892&LangID=E
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