Think, think. Freedom of Expression Weekly Bulletin (No. 2/16, 8 January 2016) What happened last week?

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1 Think, think Freedom of Expression Weekly Bulletin (No. 2/16, 8 January 2016) What happened last week? *** President Recep Tayyip Erdoğan demanded the parliamentary immunity of People s Democratic Party (HDP) MPs, especially the Co-Chairs of HDP Selahattin Demirtaş and Figen Yüksekdağ, to be lifted off. Erdoğan defended that the abatement will influence the atmosphere in the country positively in terms of the fight against terrorism. (Continued in the bulletin ) *** Prime Minister Davutoğlu came together with the leaders of CHP and MHP at the Parliament in order to negotiate on the Parliamentary Bylaw, reforms and budget. Cancelling the appointment and not meeting with HDP, Davutoğlu indicated that an agreement was reached with CHP and MHP at the point of changing the September 12 Constitution. While GNAT Parliamentary Spokesman İsmail Kahraman started the process to establish a Constitutional Agreement Commission, the objection of the opposition continues against the Presidency system. *** Not giving up on his insistence on the Presidency System, President Erdoğan gave the example of the Nazi Germany under the leadership of Adolf Hitler for a unitary system presidency. Following reactions, he claimed that he gave the example of Hitler s Germany as a negative example. *** Curfews, which lasted for at least 253 days in 19 district of 7 provinces last year, continue in Sur district of Diyarbakır as well as Cizre and Silopi districts of Şırnak in the new year. The funerals of 28 people in Cizre, 19 people in Silopi and 3 people in Sur districts could still not be buried. The residents in the regions leave the districts because of clashes, by tying white clothes at the sticks they are carrying, symbolizing a demand of peace. The European Court of Human Rights requested a defence from Turkey regarding curfews. (Continued in the bulletin ) *** Human rights organizations made a call for the international media in order to request the re-start of Peace negotiations from Turkey, which will be held transparently, as well as to request the re-establishment of ceasefire and peace. The group demanding peace, composed of intellectuals who went to Sur district, where the curfew continues, last week in order to witness the events, met with Prime Minister Davutoğlu, CHP leader

2 Kılıçdaroğlu and HDP Co-Chair Demirtaş. Please click here to watch the video in which the notes of the Peace group from Diyarbakır take place. *** It was revealed that the military units sent to Cizre, Şırnak were encouraged to use weapons with an order sent. With the order prepared on July 30 by Land Forces Command 172nd Armored Brigade Deputy Command 3rd Tank Troop Command, it is indicated that the soldiers should not be reluctant to use weapons, that they should not be afraid of stand before the Prosecutor; otherwise that the survival of the government may fall in danger. *** It was announced that two of the five convicts, who were sent to İmralı last year in order to serve as secretariats for PKK leader Abdullah Öcalan during the Resolution Process, were sent back to Silivri. With the military taking part in the Kurdish Question, Kurdish politicians became targets. While the police raided the Democratic Regions Party (DBP) Diyarbakır Provincial Presidency, investigations were started against 36 DBP-member municipal chairs since August. 18 Co-Chairs of Municipalities also entered the new year in jail. (Continued in the bulletin ) *** President Erdoğan reacted against Iran regarding the crisis started between Iran and Saudi Arabia following the execution of one of the Shia leaders, Nimr Baqir al-nimr; while evaluating the executions in Saudi Arabia as an issue of national law. While the tension between the two countries reflect on the relations between Turkey and Iran as well, the diplomatic crisis created by the personnel of Turkish Armed Forces in Iraq continues. US President Obama made a second call to Turkey for the soldiers to retreat. The Bashiqa Camp, where the soldiers are, was also attacked by the IS. *** Prime Minister Ahmet Davutoğlu announced that a circular letter was prepared predicting the regulation of working hours in accordance with worship hours so that public officers and students can attend the friday prayers. On the other hand, the Chair of Religious Affairs Administration Mehmet Görmez stated, it is our red line for cemevis (Alevi worship places) to be shown as sanctuaries of another belief system, regarding the debates on a legal status to be given to cemevis

3 Erdoğan demands lift off of parliamentary immunity of HDP MPs President Recep Tayyip Erdoğan demanded the parliamentary immunity of People s Democratic Party (HDP) MPs, especially the Co-Chairs of HDP Selahattin Demirtaş and Figen Yüksekdağ, to be lifted off. Erdoğan defended that the abatement will influence the atmosphere in the country positively in terms of the fight against terrorism. Steps are necessary to be taken against these by giving them the required answer, by putting the judicial system in action. They have more than 160 files at the parliament. When these are reviewed, whatever they contain will be discussed in detail and steps will be taken accordingly, stated Erdoğan. These expressions of Erdoğan, defending that autonomy statements are Constitutional crimes and targeting HDP, were interpreted as orders given to the jurisdiction as well as the parliament regarding immunities. Repeating his call once again at the meeting he held with village headmen, Erdoğan said, it is not bearable anymore. Demanding the Parliament and the Ministry of Internal Affairs to take action for HDP members, including Co-Chairs, MPs and municipal chairs, to stand trial, Erdoğan stated, they are standing trial now, the number of trials will increase. The President also claimed that there is no Kurdish Question in Turkey, that that issue was removed by their government completely and that the Question is merely an issue of terrorism. On the matter, Prime Minister Davutoğlu stated, if there is a crime of terrorism, the government of law takes place in it. In the statement he made following the Cabinet of Ministers meeting, Government Spokesman Numan Kurtulmuş said, We have seen that closing a party had not a single benefit on the politics. Similarly, we have witnessed that the removal of parliamentary immunities did not conclude in any solution. 14 Non-Governmental Organizations in Diyarbakır reacted against the lift-off of parliamentary immunity of HDP MPs. Organizations, among which there are KESK, MAZLUMDER and the Diyarbakır Bar, reminded the period which started with the detainment and arrests of DEP MPs at the Parliament in 1994, indicating that the lift-off of parliamentary immunity of HDP MPs will remove the relation of democratic representation, that it will weaken the faith in politics and cause the current conflict to become even more complicated.

4 ECtHR asks defense from Turkey regarding curfews The European Court of Human Rights (ECtHR) asked a defense from Turkey in the application made by Batman Bar lawyer Erkan Şenses and Diyarbakır Bar lawyer Muhammed Neşet Girasun for the curfew declared in Cizre district of Şırnak, which continues for 20 days, to be removed as well as for the operations to be stopped. In the letter sent to the Ministry of Justice, Turkey was given time until 8 January 2016 for the defense and answers to these questions were requested: 1- What is the legal basis of the curfews? 2- Can the residents of the region under curfew provide their basic needs, such as health services, food, electric, water etc.? 3- What measures were and are being taken in order to protect the right of life of the residents of the region? * In the curfews of last year, which lasted for at least 253 days in 19 provinces, many civilians were killed. The curfews in the new year continue in Cizre and Silopi districts of Şırnak, as well as in six neighborhoods of Sur district in Diyarbakır. Cases of insulting the President Former AKP MP Feyzi İşbaşaran, who was on trial at Istanbul 11th Criminal Court of First Instance with the charge of insulting the President because of his Twitter posts, was sentenced to 1 year, 10 months and 15 days of imprisonment. İşbaşaran was also sentenced to another year of imprisonment with the charge of threat.

5 Another investigation was opened against journalist Hasan Cemal with the allegation of insulting President Recep Tayyip Erdoğan. It was indicated that an investigation was started against the journalist by Ankara Chief Public Prosecutor s Office following the complaint of the General Secretariat of Presidency on the article of Cemal published on T24, titled, Be a President, and then My article is a harsh criticism which falls within the frame of freedom of expression. People in power must have more tolerance with criticism, stated Cemal while testifying. An indictment was prepared against former editor-in-chief of Zaman Newspaper, Ekrem Dumanlı and the managing director of the newspaper, Mehmet Özdemir with an imprisonment claim until 4 years with the reason of insulting President Erdoğan in the news published on the newspaper, in which statements by Republican People s Party (CHP) leader Kemal Kılıçdaroğlu took place. The decision of Bakırköy 2nd Criminal Court of First Instance is expected on the acceptance or denial of the indictment. Following the Ankara Massacre on October 10, lawyers have marched to Istanbul Çağlayan Courthouse to protest the massacre and have organized a press statement in front of the courthouse. An investigation was started against 19 lawyers, who participated to the protest, with the allegation of making terrorist organization propaganda and insulting the President because of the slogan chanted during the protest, which said, thief, murderer Erdoğan. Testifying in Şırnak with the reason of giving sermons supporting autonomy, imam Baki Kutlu was arrested by the court he was taken to at Şırnak Courthouse with the allegation of insulting the President. Fırat Erdem, a teacher in Sason district of Batman, was arrested by the court he was taken to with the allegation that he has insulted President Tayyip Erdoğan with a Twitter post. In the written declaration made by Education and Science Workers Union (Eğitim-Sen) Batman Branch, it was emphasized that Erdem has not used any names or pictures in his post; and that his arrest is a right violation made by reading the post with a certain intent.

6 Kurdish politicians on target Democratic Regions Party (DBP) Parliament Member Seve Demir, Free Women Congress (KJA) member Fatma Uyar and Silopi People s Parliament Co-Chair Pakize Nayır were killed in Silopi district of Şırnak, which has been under blockade for 24 days. 3 female politicians lost their lives as the result of the fire opened by an armored vehicle while trying to escape Karşıyaka neighborhood, which was evacuated with a police announcement because of the ongoing clashes. Giving information on the matter, MPs expressed that the funerals are incognizable and that they might have died following a torture they were exposed to while being injured. Democratic Regions Party (DBP) Diyarbakır Provincial Presidency was raided by the police. DBP Parliament member Zeynep Altunkaynak and Dicle University Faculty of Medicine student Şakir Karataş were taken under custody. While it was asserted that the raid was made following a denouncement, the press was not allowed inside. DBP Co- Chair Kamuran Yüksek emphasized that the reason for the raid was made-up, saying, they left this place after opening fire on the air with their long barreled weapons and guns. You can not make us afraid, we will continue our fight. People s Democratic Party (HDP) Beyoğlu District Presidency was also raided; District Co-Chair Rukiye Demir was taken under custody. Indicating that the operation is about an investigation of murder, lawyer Levent Pişkin stated, a search warrant was given at the party s district organization with a case of murder which had nothing to do with HDP Beyoğlu district. Since there is a restriction order on the file, we can t see the reasons for the investigation. Another order of restriction, another unlawful application, restriction once again Co-Chair of Van Metropolitan Municipality Bekir Kaya was sentenced to 15 years of imprisonment in the KCK (Group of Communities in Kurdistan) case in which he was on trial with the allegation of organization membership. Van 1st High Criminal Court sentenced the people on trial together with Kaya, former Van Provincial Chair of Peace and Democracy Party (BDP) Cüneyt Caniş to 15 years of imprisonment, former Chair of Başkale Municipality İhsan Güler to 9 years of imprisonment, former Chair of Bostaniçi Municipality Nezahat Ergüneş to 13 years of imprisonment, former Chair of Edremit

7 Municipality Abdülkerim Sayan to 9 years of imprisonment and former Chair of Özalp Municipality Murat Durmaz to 12 years of imprisonment. Co-Chair of Çatak Municipality in Van, Evin Keve was taken under custody because of saying, autonomous administrations are the choice of people. We will protect this choice, in a speech she gave to an agency. Keve was then arrested by the court she was taken to with the charge of disrupting the unity and the territorial integrity of state, and was sent to jail. A warrant of arrest was issued by the Criminal Court of Peace against the chairman of Suruç Municipality in Şanlıurfa, Democratic Regions Party (DBP) member Orhan Şansal with the charge of being a member to a terrorist organization and providing financial aid to the organization. The indictment prepared against Şansal, who is allegedly in Kobani, with a heavy imprisonment claim until 44 years, was accepted by Şanlıurfa 2nd High Criminal Court. DBP Party Assembly member Hüseyin Arasan, who was taken under custody following a press statement held in Siirt, was arrested with the allegation of being an organization member and was sent to Siirt Type-E Closed Prison. People s Democratic Party (HDP) Parliament member Nizamettin Öztürk was arrested following the verdict of imprisonment for 3 years, 1 months and 15 days given against him because of a speech he gave in Manisa in 2011 was approved. Being detained in Ağrı, Öztürk was sent to Ağrı Type-M Prison after the legal procedure at the courthouse. Investigation against IHD Adana Branch Chair due to TCK 301 An investigation was opened against Human Rights Association (IHD) Ankara Branch Co-Chair İlhan Öngör due to Article 301 of the Turkish Criminal Code (TCK) because of the statement he made at the demonstration organized to protest the attacks in Silvan district of Diyarbakır. Öngör is charged with denigrating the Turkish nation, the government of the Republic of Turkey, the institution and organs of the government, because of his expression, today in Silvan, a crime against humanity is being committed by the hand of the government, the

8 massacres are attempted to be banalized, he made during his speech on 11 November month imprisonment against conscientious objector Yaylalı Uludere Criminal Court of First Instance sentenced conscientious objector Yannis Vasylis Yaylalı to 7 months and 15 days of imprisonment with the charge of alienating the people from military service, because of the work he conducts on conscientious objection and his articles published on Democratic News (Demokrat Haber) website. Indicating that the Article 318 of the Turkish Criminal Code is against Articles 2,13,26,38 and 90 of the Constitution, Yaylalı stated, they are trying to oppress the ones who criticize war conducted under the names of governmental security and public security. With this verdict of conviction, the courts have also become a collaborator of war. Confiscated books The objection made against the decision of withdrawal from shelves given against the books written by Hasan Cemal, titled, Delila / Bir Genç Kadın Gerillanın Dağ Günlükleri ( Delila / Mountain Diaries of a Young Female Guerilla ) and Çözüm Sürecinde Kürdistan Günlükleri ( Kurdistan Diaries during the Resolution Process ) as well as the book written by Tuğçe Tatari, titled, Anneanne Ben Aslında Diyarbakır da Değildim ( Grandma, I Wasn t Actually in Diyarbakır ) was denied by Gaziantep 1st Criminal Court of Peace. The distribution and sale of the books were prohibited. As the reason of the verdict, the court indicated that the readers of the books may be influenced to commit violent actions.

9 The violation of freedom of expression still continues, Cemal stated regarding the decision of prohibition. Lawyer of Tatari, Aslı Kazan Gilmore also commented on the situation, saying, it is understood that the dark days, when books explaining the Kurdish Question were banned, has been returned. The novel, titled, Family Tea Garden ( Aile Çay Bahçesi ) by Radikal newspaper writer and author Yekta Kopan was distributed by Bolu Governorate to students within the scope of the I am Reading project which was started in order to give students the habit of reading and which included the meeting of the writer of each distributed book with the students. Following the complaint of some parents, who found some expressions on the 34th and 39th pages of the book sexually explicit, the book was confiscated. The autograph session to be held with Kopan and the students was also cancelled. The Governorate indicated that an investigation was started for the identification of those who were responsible in the process of distribution of the book to the students, and for legal action to be taken against them. Banned panels The panel organized by the students of medicine at Kocaeli University, titled, Developments in the Middle East and to which Republican People s Party (CHP) MP Gökhan Günaydın, Freedom and Solidarity Party (ÖDP) Co-Chair Alper Taş and Labour Party (EMEP) Central Executive Board member Yusuf Karataş was to participate as guest speakers, was banned by the deanery of the university. A panel was to be organized at Erzurum Atatürk University Faculty of Communication by the Reading and Thinking Club, titled, Others, Minorities and the Media within Peace Journalism. For a guest speaker who was invited to the panel, İsmail Saymaz, rector Hikmet Koçak indicated that he is a separatist, therefore he can not let the panel happen. It was indicated that Koçak said, negative events will occur, we can not let it happen, stating in case the panel is held, conservative nationalists may raid the panel. Saymaz reacted to the rector on his Twitter account, saying, who are you to debate on my patriotism and put a ban on me in my own country? This country will be separated because of your mindset.

10 Pressure on press Dicle News Agency (DIHA) reporter Nedim Oruç, who was taken under custody in Silopi district of Şırnak, which is under blockade for 23 days, and whose location was not certain; was arrested by the court he was taken to with the charge of aiding and abetting an organization following his location being announced to be at Silopi District Security Branch. Being taken under custody together with 37 other people, it was asserted that Oruç was exposed to the torture of special operation forces as well as soldiers. Arrested in Diyarbakır while translating for Vice News reporters, Iraqi journalist Mohammad İsmail Resul was released after four months. 31 journalists are still in jail in Turkish prisons. An access ban was brought on website dihahaber.pw, where Dicle News Agency (DIHA) was continuing its broadcast from. Thus the number of banned websites belonging to the agency reached 28 since 25 July Çağdaş Kaplan, one of DIHA s editors, indicated that their website is closed following them reporting the news of a document belonging to Land Forces Command, inscribed restricted, with the title, here is the special document of the massacre. The more DIHA announces the truth, the more it is censored, stated Kaplan. In the document, dated 30 July 2015, the military personnel is directed to use arms and it is indicated that they should not be afraid to stand against the Prosecutor, virtually implying a promise of impunity. The website umutgazetesi.org of Umut Newspaper was also banned to access with the decision of the Telecommunications Communication Presidency (TIB). A verdict of access ban was given by Gölbaşı Criminal Court of Peace against the news in which video messages of six soldiers and two police officers, who are being held by PKK, for the new year. Together with the new verdict, censorships have been applied on 34 news content.

11 Free Journalists Association reported the press rights violations experienced in Turkey in According to the report, 47 journalists were physically attacked, 92 journalists were taken under custody, 14 journalists were arrested and court cases were opened against 35 journalists last year. Within the scope of the cases opened, the journalists are on trial with imprisonment sentences of a total of 557 years and 6 months. Please click here for the full report. Censorship and pressure on more than 100 artworks in 2015 Republican People s Party (CHP) Arts & Culture Platform launched a report which included the censorship and pressure on artworks in In the report, which was published under the title, Don t Write! Don t Play! Don t Speak! ( Yazma! Oynama! Konuşma! ), it was indicated that more than 104 violations were identified against freedom of expression in arts. Making a statement regarding the report, CHP Deputy Chair Ercan Karakaş indicated that the censorship and pressure applied on the area of arts and culture was not limited to those applied by the Ministry of culture and Tourism, but the pressure and prohibitions were spread to the entire country with the help of institutions belonging to ministries as well as AKP-member municipalities. Please click here for the full report.

12 THIS WEEK ON THE MUSEUM OF CRIMES OF THOUGHT We are one click away from you if you would like to follow the updated situation in Turkey. You may follow the updated agenda of Turkey as well as the latest events in our museum with our unique and humorous visuals and language... Leaders Speaking at the EU-Turkey Summit, Prime Minister Ahmet Davutoğlu stated, I say this with pride, despite all the events happening around us, there is a very, very dynamic democracy in Turkey. There is a parliament whose representative power is high, and an effective government. The process of parliamentary immunities of HDP Co-Chairs to be lifted off has started. for this development, Erdoğan stated, this will positively affect the atmosphere in our country in terms of the fight against terrorism. Devlet Bahçeli announced Diyarbakır and Hakkari as the homeland of Turkey! (*P.S. According to the official sources of the government, the Turks started to settle in Anatolia after the year Kurds and Armenians, on the other hand, are the settled societies in this land for thousands of years.)

13 Can Dündar and Erdem Gül still arrested Cumhuriyet Newspaper executives Can Dündar and Erdem Gül are still in jail. Nokta Magazine s editor-in-chief Cevheri Güven and the magazine s managing editor Murat Çapan were arrested with the charge of provoking people for an armed riot against the government of the Republic of Turkey. We also change the temporary cage at the doorstep of our museum to a permanent jail. Curfews The government and the army continues the preference of Erdoğan. Announcements of Security Zones and Curfews with excuses of barricades and pits in many provinces are followed by massacres. Our Pride: Tahir Elçi A lawyer and human rights activist, Tahir Elçi was killed following the press statement he made in Sur district of Diyarbakır. You may visit his bust and grave on our museum. Tweets IN WHICH DEMOCRATIC COUNTRY CAN THE GOVERNMENT SHOW TOLERANCE TO DITCHES BEING DIGGED IN THE STREETS OF A CITY?

14 IMMEDIATELY BLOCKADES, CUTS THE WATER AND ELECTRICITY, BOMBARDS, BOMBS FROM THE AIR. THE ONES KILLED ARE ALWAYS TERRORISTS. IF IT WAS UNDERSTOOD THAT THE KILLED PERSON IS A CHILD OR AN ELDERLY, THEY WERE PROBABLY KILLED BECAUSE OF THE FIRE OPENED BY TERRORISTS. THANKS TO THE MEDIA, YOU ARE NOT LETTING US BEING FORGOTTEN. PENGUINS... TRIALS OF FREEDOM OF EXPRESSION The proceeding of Salih İzzet Erdiş, known publicly as Salih Mirzabeyoğlu, whose claim of retrial was accepted while being convicted from the IBDA-C case, then was released, was continued at Istanbul 14th High Criminal Court. The court board decided for the prohibition on Erdiş to go abroad to be removed. TRIALS OF NEXT WEEK The next hearing of the case regarding the killing of Ekrem Kaçaroğlu, who lost his life following the fire opened by unidentified people in Izmir during the police intervention against the group protesting the IS attacks in Kobani, will be held on 12 January 2016 at Izmir 8th High Criminal Court. The 2nd hearing of the case opened against Mehmet Ali Başaran, who is charged with alienating people from the military service because of his book Don t Perform Your Military Service, Because will be held on 14 January 2016 at Ankara 2nd Criminal Court of First Instance. The second hearing of the case in which Dicle News Agency (DIHA) reporter İdris Yılmaz, who was arrested while following the news of a clash occurred near Erciş district of Van, is on trial from insulting the President will be held on 18 January 2015 at Erciş 3rd Criminal Court of First Instance. The next hearing of the KCK Press Committee case, in which 46 press workers are on trial, will be held on 15 January 2016 at Istanbul 3rd High Criminal Court. The Kızıltepe JİTEM case regarding the execution of 22 citizens by 4 soldiers and 9 other people in Kızıltepe, Mardin between the years 1992 and 1006 will continue on 15 January 2016 at Ankara 5th High Criminal Court. You may follow and find news on Freedom of Expression and related events, including the weekly bulletin here: