Jurists: Intimidation and threat against the press

Alican Uludağ
 
Jurists are describing the Cumhuriyet trial, whose third hearing is slated for today, as being a trial “in which press freedom is being disregarded and journalists are being punished in a blatant manner.” Jurists, stressing that detention now entering its 330^th day is a punishment, said, “This serves as intimidation and a threat against journalists on the outside.” Prof. Dr. Temir Demirbaş, a faculty member at Yaşar University’s Faculty of Law, stating that editorial policy cannot be a crime, commented, “A newspaper follows any editorial policy it likes. Essentially, the newspaper has performed the duty of imparting the news. And imparting the news is a freedom of thought as enshrined in the European Convention on Human Rights.”

CLEARLY A POLITICAL TRIAL
Yaşar University Faculty of Law Faculty Member Prof. Dr. Temir Demirbaş: It is clear that this is a political trial. What aspect of it are we to discuss? It is hard to make an assessment from a legal viewpoint. Whether about Sözcü or about Cumhuriyet, the same thing has to be said. The trial over the intelligence service trucks can be seen as being journalistic activity. It was news published in other newspapers. Is editorial policy a crime? What is it to you? There is the principle of legality in crime and punishment. A newspaper follows any editorial policy it likes. Essentially, the newspaper has performed the duty of imparting the news. And imparting the news is a freedom of thought as enshrined in the European Convention on Human Rights. Everybody knows that the affair is being assessed politically.

THREAT AGAINST THOSE ON THE OUTSIDE
Human Rights Association Chair, Öztürk Türkdoğan, Attorney-at-Law: This is a freedom of speech trial. This is a trial in which press freedom is being disregarded and journalists are being punished. I wish to proceed immediately from this point to the following. The ruling party defends itself over these trials by saying, first, there is a judiciary in Turkey and they cannot interfere. Secondly, they say that these people are terrorists, anyway, and they are being prosecuted for terrorist activities and not journalism. In Turkey, the judiciary is not independent and impartial. Especially the expulsion from the profession of one-third of the membership of the judiciary in the state of emergency process, with most of them being in detention and on the run, can be perceived as being a threat against those who have not been expelled from the profession. Those who try to do their jobs may similarly be expelled from the profession. When we look at the Supreme Board of Prosecutors and Judges’ decisions in the state of emergency environment, it is clearly evident that the judiciary is under the government’s pressure. Secondly, when we look at both the Anti-Terrorism Law and the Penal Code in Turkey, everyone can be accused of being a terrorist. His excellency the President was also prosecuted in his previous political life under the Anti-Terrorism Law. For as long as this Anti-Terrorism Law and the Penal Code remain unamended, everyone can be prosecuted as a terrorist. When we look at the Cumhuriyet trial, the journalists have never been charged with acts of violence. They are facing charges entirely from within their journalistic activities. The journalists must be freed and this trial must end in acquittal. The world is following this trial very closely. The basic principles of law in their entirety are being breached here. The holding of people in detention pending trial on such simple charges shows that the judiciary is acting in line with the ruling party’s wishes. Detention serves as intimidation and a threat against journalists on the outside. Journalists on the outside will hold themselves in check because of this trial.

RIGHT TO NEWS ON TRIAL
Adana Bar Association Chair Veli Küçük: I see this trial as being a trial in which press freedom and the people’s right to obtain news is on trial. It is impossible for press freedom to be spoken of in this day and age in which news that is reported and headlines that are run are now seen as being evidence of crime. Cumhuriyet is a very serious press outlet in Turkey and an important achievement. It is a newspaper that has had a pronounced line since its inception. I think it is being targeted for its opposition stance. The fate to befall Sözcü in recent times is clear for all to see. The targeting of the pro-peace academics and the targeting of human rights defenders must be assessed as a whole. It is incorrect for people and bodies to be targeted in the absence of concrete evidence and in disregard of the values accepted by universal law. Detention for 330 days is punishment. These are long periods the like of which we do not see in contemporary civilisations. This will also put pressure on the judiciary. Following detention of this length, there will be pressure to come out in favour of acquittal or penalties with a lower degree of severity.

BEYOND AN ACQUITTAL RULING
Turkish Law Institution Chair Yaşar Çatak: The time spent in detention by some of Cumhuriyet newspaper’s columnists, who are trying to ensure that people exercise their right to obtain news, has approached one year. Detention has been turned into a sentence. Even if very late, the acquittal ruling that will be passed on 25 September will go beyond an acquittal ruling and may serve as an indicator that not all hope has been lost thanks to the notion of the supremacy of the law.