By Darren Smith, Weekend Contributor
In another example of the diminishing freedom of the press in Turkey, Yurt newspaper reporter Meriç Şenyüz and Ulusal Kanal reporter Özer Sürmeli received sentences of six and five months respectively for their reporting of a December seventeenth corruption probe involving, among others, then Turkish Prime Minister Recep Tayyip Erdoğan’s son Bilal Erdoğan.
Turkey has an unfortunate history of repression of media critical of government, though in the last year an estimated forty imprisoned journalists have been released. According to BIA Media Monitoring Reports, the number of jailed journalists in Turkey fell from 104 in 2010 to 59 last year and to 19 by November 2014. However the underlying trend of jailing journalists in Turkey and many other nations of the world continues.
On January seventeenth, Şenyüz’ article included the following statement, (roughly translated) “In order for Bilal to erect a mall in Etiler District, land belonging to a police school was seized. Title was then transferred to the municipality from police authorities. Then, the land was declared as a ‘Hazard Zone’. Afterward, the mall project began.”
Şenyüz later announced he was appealing the ruling. He wrote the following to his twitter account, “This is understandable but those who stole millions…have not even made a statement. I am frustrated by this.”
In a January ninth article authored by Sürmeli in Ulusal Kanal titled “Bribery delivery in the toilet [stall],” the reporter exposed various bribery allegations stemming from the December seventeenth corruption probe. The news account revealed that graft was exchanged between various actors.
The article claimed that individuals representing various corporations and institutions exchanged money in, of all places, a disabled person’s bathroom stall in the city of Izir.
The court ruled that in its verdict that Sürmeli “caused the persons involved in the matter to be perceived as criminals.” It is not as if that did not appear obvious to anyone but it is allegedly a criminal offense to publish such facts.
Both men however remain free pending further court proceedings.
Several other journalists also were jailed for investigative reporting of the corruption probe. Charges in this group ranged from Insults (Turkish Penal Code Article 125) to Violating the Confidentially of an Investigation, (Turkish Penal Code Article 285).
The laws themselves are far reaching and nearly every aspect of investigative reporting, as is customary in the West, carries substantial risk of criminal charges levied against reporters.
Here are both articles of the Penal Code:
Insult
ARTICLE 125- (1) Anyone who undermining the honor, dignity or respectability of another person or who attacks a person’s honor by attributing to them a concrete act or a fact, or by means of an insult shall be sentenced to imprisonment for a term of three months to two years, or punished with a judicial fine. In order to convict for an insult made in the absence of the victim, the act must have been witnessed by at least three persons.
(2) If the act is committed by means of a spoken, written or visual message addressing the victim, the perpetrator shall be sentenced to the penalties set out above.
(3) If the offence of insult is committed:
a) against a public official in connection with their duty;
b) in response to the expression of religious, political, social, philosophical beliefs, thoughts and opinions, in response to an individual’s changing or attempting to propagate their religious, political, social, philosophical beliefs, thoughts and opinions, or in response to an individual’s compliance with the requirements and prohibitions of their religion;
c) by reference to the holy values of a person’s religion, the penalty shall be not less than one year.
(4) (Amended by Law 5377 of 29 June 2005 /Article 15) Where the offence of insult was committed in public, the penalty shall be increased by one sixth.
(5) (Amended by law 5377 of 29 June 2005 /Article 15) In the case of insults to public officials in connection with their efforts working as a committee, the offence shall be deemed to have been committed against all committee members. In such a case, the provisions related to concatenated offences shall be applied.
Violation of Confidentiality
Article 285 – (1) Anyone who publicly breaches the confidentiality of an investigation shall be sentenced to imprisonment of from one to three years. In the case of breaches of confidentiality with respect to decisions taken during investigation that are confidential by law, and for procedures carried out in accordance with such decisions, the offence shall be deemed to have occurred even where it was not committed publicly.
(2) Anyone who publicly breaches the confidentiality of declarations or images produced in hearings that according to the law had to be held or had been decided to be held in closed session shall be sentenced according to the provision in paragraph 1. Where the protection of a witness is an issue, the offence shall be deemed to have occurred even where it was not committed publicly.
(3) The sentence shall be increased by one half if the offences are committed by means of the press or publication.
(4) If, during the investigation and prosecution stages, images are published that label persons as guilty, a sentence of imprisonment of from six months to two years shall be imposed.
Article 285 can have the legal effect of burying acts of corruption in that under this statute, unless modified elsewhere within the penal code, the authorities can expand an investigation over years of delay and subject a reporter to criminal prosecution if at any point during such investigation the media divulges details of such. Such conditions are ripe for the furtherance of corruption and malfeasance of office.
BIA News worries that the Turkish Government’s approach in portraying certain news reports as being conspiracies and unlawfully influencing the court system are causing journalists to believe that a new wave of arrests could greatly impact critical journalism.
By Darren Smith
Sources:
BIAnet
BIAnet
Democratic Turkey Forum (Laws current as of 2008)
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
I characterize Turkey as a semi civilized nation state with a functioning government but with little or no regard for human rights. They also eat dogs. It is East of Corfu and the Ten Commandments Don’t Apply. You can sort of do business with them and carefully travel there. So it is not down the hill like Nigeria and yet if you fly over you may want to flush. So, no its not a Pirate Territory. It should not be in NATO. What is left of the Ottoman Empire is mostly Otto.
Speaking of the Middle East, a recent poll shows that 89% of Palestinians in Gaza support firing indiscriminate rockets at Israeli civilians.
I suppose that explains why they were handing out cookies and desserts after terrorists broke into a temple and hacked Jews to death with meat cleavers.
And yet Obama said that both sides need to get along.
I wonder if he would say that if someone broke into someone’s house and killed them with a meat cleaver, that both sides needed to get along.
It is very difficult to combat the extremist brainwashing against non-Muslims, and especially Jews, that starts at birth in the ME. I remember looking at a Persian friend’s stamp collection from his youth. They were all vicious images of bloody Jews, Stars of David dripping blood, burning American flags. He hadn’t realized they were gory when he collected them, but was shocked to see them after years in the US.
When only 11% of Palestinians oppose bombing civilians, it’s a problem. It makes me wonder if the moderates have already left.
As long as we’re in denial that the ME will NOT accept the existence of a non-Muslim nation in the region, EVER, then we can get real about dealing with this problem. How is Israel supposed to negotiate or compromise with groups that will only be satisfied with their annihilation? And yet we have Kerry asking if they can meet them halfway. . .
http://www.israelnationalnews.com/News/News.aspx/184512#.VHIAxL6fufQ
Obama has been the most obstructive and aggressive towards the press than any other president, according to the AP.
Regimes who break the law, and lie to their people, don’t want their misdeeds made known. They want to keep the population ignorant of their transgressions, so they will have an obedient voting bloc.
I’ve been waiting for the PR war on Turkey. Nick forgets that the Turks have been a super important ally for us in the cold war, a reasonable voice in middle east affairs, etc. Plus, they have a huge, well-trained army. Kurds? Yesterday’s terrorists, today’s heros. Pick your meme.
Does that mean this case is right? No, but there are exceptions everywhere–many here as pointed out above. I’m sure if we are unhappy enough with the Turks, count Vlady will welcome them as part of the BRICS. We’ll probably do that since we have no idea how to run a foreign policy.
Freedom of the press has been a Western ideal that governments find most threatening to their power.
Merely speaking the truth about the actions of the State is viewed as an attack to their authority.
Since Woodrow Wilson, Presidents -initially of the left, then from the right- were increasingly tempted to silence their critics. Wilson and FDR were most blatant.
The press once took pride in pummeling Nixon for even attempting this, now they take pride in shielding Obama for doing what Nixon only dreamed of.
The press is now self-censoring, and wants to silence others.
It’s hard to argue for freedom when the prisoners praise their guards.
(Darren)> “…forty journalists currently imprisoned have been released.”
Huh? So they were arrested again since then?
Michael
I wonder if Steve Wynn’s latest trouble with “moneylaundering” (yeah, right), has anything to do with his bashing of Obama? Much akin to Ben Carson being audited after his speech in front of the speechless Obama. We seem to be much like those third world nations, but our political retribution is more modern and refined.
________________________________________________________
Not sure about Carson (c’mon no one really listens to that fool?) but do agree with newer tactics being used such as the lawless outing of CIA agents by the lawless prior administration to protect their war based on lies. T
It seems now all governments and corporations on policies and products that affect consumers are more secret then the past. However, as Obama somewhat ran on the openness issue, I do expect better from him then we have seen – very disappointing
btw – after a couple of years hearing (and wasting millions of dollars) ad nauseum about Benghazi coverups, etc…… interesting that the republican investigation that cleared Obama is getting no press. And since the news dump was done on a Friday, wonder if all of those libertarians/conservatives who railed about Obama’s “fast and furious” Friday news dump will give their politicians the same harsh treatment?
http://www.spj.org/news.asp?ref=1253
Society of Professional Journalists
Improving and protecting journalism since 1909
Letter urges President Obama to be more transparent
http://www.usatoday.com/story/money/columnist/rieder/2014/07/14/fighting-obama-administrations-information-control/12628905/
James Risen, the New York Times reporter who may face jail if he won’t testify in a leak case, has called the administration “the greatest enemy of press freedom that we have encountered in at least a generation.”
At last the news media are fighting back. A letter signed by 38 journalism and open government organizations accuses the administration of “politically driven suppression of news and information about federal agencies.” The coalition calls on the president, who once promised his would be the most transparent administration ever, to clean up its act, to stop the spin and let the sunshine in.
This would happen in the United States if the press actually reported on government corruption.
http://www.dailymail.co.uk/news/article-2844524/Emails-Obama-administration-targeted-reporter-coverage-Operation-Fast-Furious-scandal.html
Emails show Obama administration targeted reporter over her coverage of ‘Operation Fast and Furious’ scandal
Journalist Sharyl Attkisson was an attack dog while at CBS, following the ‘Fast and Furious’ gun scandal that dogged the Justice Department
Email released as part of a Freedom Of Information Act lawsuit shows DOJ communications chief saying she would pressure network higher-ups to rein her in
‘She’s out of control,’ wrote then-Justice flack Tracy Schmaler, accusing her of lodging ‘a bulls**t accusation’ about the gun-‘walking’ operation
Email conversation was with White House strategist Eric Schultz, who was later promoted to the job of principal deputy press secretary
In one message, Schmaler told Schultz that CBS journalist Sharyl Attkisson needed to be reined in, writing that she was ‘calling Sharryl’s [sic] editor and reaching out to Scheiffer. She’s out of control.’
GaryT, I just thanked xyz for posting that Attkisson interview and I thank you as well. This Administration is corrupt @ its core. It is spying on reporters and this brave woman is telling her story. We know what the Alinsky ilk we do to her. Watch for some of that here.
Stonewalled: My Fight for Truth Against the Forces of Obstruction, Intimidation and Harassment in Obama’s Washington,
an account of allegedly being obstructed, harassed, and surveilled by the Obama administration, progressive news outlets, and her own employers while pursuing information about White House policies and decisions in the Middle East. She talked with the Washington Post’s Nia-Malika Henderson.
http://www.c-span.org/video/?322747-1/words-sharyl-attkisson
Give it a few years.
Whistleblowers in the US get this treatment now, American journalists are next with crossmarks on there chests. It is already happening.
The Turks are what is preventing us from arming a true ally, the Kurds.
I read Joey “The Clown” Biden got booed in Turkey yesterday.
Michael, This Administration took Chicago politics to the national level. They LOVE seizing money via civil/criminal forfeitures, IRS seizing cash, etc. They also have an enemies list like Nixon. Sheryll Atkisson was on it for her reporting and there is now email proof. As JT has said, Nixon is envious of this guy.
I wonder if Steve Wynn’s latest trouble with “moneylaundering” (yeah, right), has anything to do with his bashing of Obama? Much akin to Ben Carson being audited after his speech in front of the speechless Obama. We seem to be much like those third world nations, but our political retribution is more modern and refined.
Reblogged this on HAPLOGROUP – bit that makes us human..
Reblogged this on Oyia Brown.