Freedom of Expression Weekly Bulletin (No.

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1 Think, think Freedom of Expression Weekly Bulletin (No. 36/15, 4 September 2015) What happened last week? *** The atmosphere of violence, which emerged following the Suruç massacre marking the end of the Resolution Process started in the Newroz of 2013, increases worries regarding the security of the elections to be held on 1 November. While the temporary cabinet of ministers made their first meeting, the National Security Council also gathered with the agenda of the security of elections. President Erdoğan announced that the Ministry of Internal Affairs and the Turkish Armed Forces will take measures. People s Democratic Party (HDP) Co-Chair Demirtaş, on the other hand, expressed his worries regarding the security of elections by saying, the Palace will seize the ballot boxes. They are making raid preparations for ballot boxes. *** 186 people, 75 of them civil citizens, were killed in the clashes since 20 July. Diyarbakır Bar Association determined that three of the civil citizens who died in the clashes last week in Cizre district of Şırnak were killed with a single bullet. Human Rights Watch (HRW) also emphasized that the police is making mistreatment during operations. Two foreign journalists following the clashes in Diyarbakır were arrested with their translators. Operations on municipalities in the region provinces continue. (Continued in the bulletin ) *** The memorandum, which prolonged the period of authority given to the government regarding transfrontier operations in Iraq and Syria, was accepted in the TGNA General Assembly. While the People s Democratic Party (HDP) objected to the memorandum, the Nationalist Movement Party (MHP), Justice and Development Party (AKP) and the Republican People s Party (CHP) all voted for the memorandum. On the other hand, the issue of whether the independent ministers of the interim government will take the ministerial oath turned into a crisis at the parliament, with the objection of the opposition parties, who said that the ministers are not independent. Following debates at the General Assembly, independent ministers took the oath. *** The ruling on the reward to be given to those who help a crackdown on perpetrators of crimes within the scope of the Anti-Terror Law was enacted by being published on the Official Gazette. The ruling, prepared by the Ministry of Internal Affairs, start the report and win period of citizens during coup periods.

2 *** 280 intellectuals, among whom there is also the spokesman of our Initiative, Şanar Yurdatapan, supported the campaign organized by the Peace Block on the 1 September Peace Day; saying, I want peace. 232 artists also gathered with the call of the Independent Artists Initiative and made a common declaration titled We want peace. On the other hand, the police attacked the peace march organized in Istanbul on 1 September, with the reason that the President is being insulted. *** A raid was made on Koza-İpek Holding, known with its close relations to the Gülen community as well as including KanalTürk TV Channel and Bugün Newspaper, with charges of supporting the parallel structure and financing terror. A warrant of arrest was given against the holdings board chairman Akın İpek within the scope of the investigation, who was abroad at the time. A campaign was started against the operation on website Change.org with the signatures of 180 intellectuals. The police raid was evaluated by the opposition as an intervention against press freedom. International human rights organizations and press institutions also reacted against the police raid. To reach the campaign petition: %C3%B6zg%C3%BCr-medyaya-destek-i%C3%A7in-sen-de-imzala *** Turkey participated to the operations conducted by the international coalition against IS targets for the first time, following the agreement reached with the US. The Ministry of Foreign Affairs announced that aircrafts of the Turkish Armed Forces are being included in the common air operations since 30 August. *** Anadolu Kültür Board Chairman and businessman Osman Kavala, who was targeted by some media organs known with their support of AKP, replied to the assertions against him with an article published on Radikal Newspaper. (Continued in the Bulletin ) Vice reporters arrested in Diyarbakır Journalists Jake Hanrahan and Philip Pendlebury, working for U.S. based Vice News, were detained then arrested together with their translators while following clashes in Bağlar district of Diyarbakır, with the reason that they were not accredited. The press around the world reacted against the arrests.

3 International organizations like Amnesty International, PEN International and Committee to Protect Journalists (CPJ) made calls for the journalists, who are charged with aiding an illegal organization to be released. Emphasizing that these arrests constitute a first since 1998, Reporters Without Borders (RSF) stated, Turkish authorities embrace the anti-terror legislation once again to silence journalists who research uncomfortable matters. In the news published on the foreign press, it was pointed out that journalists being accused of terror-related charges is not a common situation. Diyarbakır Bar Association President Tahir Elçi undertook the advocacy of the journalists, indicating that he sees the situation as a retention of international media from observing the area and as an intimidation. Following the objection made against the arrest of journalists, Hanrahan and Pendlebury were released. However, their translators Iraqi journalist Mohammad Ismail Resul is still in jail. Minister of Internal Affairs: We will smash their heads Selami Altınok, who was brought to Istanbul Security Directorate with the assignments made after the December corruption operations, who then became the Minister of Internal Affairs in the cabinet of ministers established following the decision of early elections, replied to the questions of journalists in the reception organized at the Parliament. We will be determined on the fight against terrorism. We will not allow riots against the government, and when necessary, we will smash their heads in a violent way, stated Altınok.

4 Circular for governorates to reinforce governmental authority It was revealed that Prime Minister Ahmet Davutoğlu gave decisions on 5 August and enacted them, showing the increasing terror events as reason, which would mean a state of emergency throughout the country. In the circular letter sent to 81 provincial governorates by the Prime Ministry secretly, without being published on the Official Gazette, it was indicated that the Turkish Armed Forces will be assigned everywhere needed to reinforce governmental authority. Security units across the country were ordered to profile social media accounts, websites, local press and Non-Governmental Organizations under the name of collecting information on seemingly-legal structures. HRW: People detained in Turkey are exposed to violence Human Rights Watch (HRW) announced that the ones detained in Silopi were beaten and were threatened with torture and execution. HRW made a call for an investigation and trialing of responsibles, indicating the police uses heavy mistreatment in the operations conducted in southeastern Turkey. Benjamin Ward from the Europe and Middle Asia branch of HRW stated, it creates serious worry that the police in Turkey has turned back to the old methods against security threats.

5 Oppressions against DBP municipalities Ministry of Internal Affairs started an investigation on the co-mayorship system applied in 102 municipalities of the Democratic Regions Party (DBP). Controllers from the General Directorate of Local Administrations were assigned for the investigation. In the investigation file, it was emphasized that the system of comayorship is not legal, therefore constitutes a crime. The 70 controllers were sent to the regions to examine the co-mayorship system with the order of Prime Minister Davutoğlu and the approval of the Ministry of Internal Affairs. Their authority and duty are legally limited to inspect the mayors in terms of financial affairs. Nusaybin Co-Mayor Sara Kaya, who was detained in the house raids made on 28 August in Mardin and then was released by the court she was taken to, was arrested against following the objection of the Prosecutor s Office and was sent to jail. A decision of house arrest was given against Eruh District Mayor of Siirt, Hüseyin Kılıç, who was detained because of the post he wrote on Facebook, saying, we declare our autonomy as well. An electronic cuff was placed on the Mayor s foot. On the other hand, special operation forces raided the Municipal building in Cizre district of Şırnak, following the armed attack organized. The forces wanted to detain Co- Mayor Leyla İmret. İmret evaluated the armed raid of the municipal building as a provocation against the people of Cizre. While the oppressions against municipalities continue increasingly, People s Democratic Party (HDP) Diyarbakır Deputy Çağlar Demirel indicated that 220 members, executives and representatives of HDP and BDP were arrested in recent operations.

6 Smear campaign against Osman Kavala While President Erdoğan is continuing his speeches targeting intellectuals with the restarted clashes, one of the names against whom a smear campaign was started by some media organs, Osman Kavala made a written declaration. In his article published on Radikal, Kavala evaluated the allegations against him on starting a frame sabotaging the İmralı process and that he is working for Kandil to not leave their weapons as a simultaneous media outrage conducted by the active participation of some writers. From Minister of Culture to dismissed actor: If he is a terrorist, he deserves it. Minister of Culture and Tourism of the temporary government which will bring the country to the elections on 1 November, Yalçın Topçu alluded actor Levent Üzümcü, who was dismissed from Istanbul City Theater by Istanbul Metropolitan Municipality, as a terrorist. Answering questions of the journalists, Topçu indicated that he does not know Üzümcü personally, saying, if the person you mention has intended against the unity and the territorial integrity of the state, then both the ones in the mountain and the ones down here deserve the same treatment. The government will do what s necessary.

7 This week on insulting Erdoğan... Ömer Bulur criticized President Erdoğan during the funeral of his relative Recep Beycur, who lost his life in the attack organized by PKK members in Siirt on 19 August. While an investigation was opened against Bulur, another relative of Beycur, Kazım İpek was arrested with the charge of insulting the President. Bulur reacted to the President at the funeral with the expressions, he is driving a wedge between brothers. I sent my young brother, I take his corpse. Mr. President must know this. Does he not fear God? Following his statements, Bulur was targeted by some media institutions as a provocateur, PKK supporter, IS supporter. Erzurum Public Prosecutor s Office then started an investigation on the matter with the charges of membership to a terrorist organization, alienating people from military service, threat and insulting government officials. An investigation was opened against Kartal Lawyers Association President Atty. Mehmet Ümit Erdem in a way that is against the Turkish Criminal Code, with the allegation of insulting Erdoğan, because of asking Tayyip Erdoğan s words regarding shopkeepers to murder suspect Serkan Azizoğlu in the last hearing of the Case of Nuh Köklü. In Article 128 of the Turkish Criminal Code titled inviolability of allegation and defence, it is predicted that lawyers can not be penalized because of expressions used or questions asked during defenses, as long as they are based on facts. Despite this, the investigation opened against Erdem because of insulting Erdoğan caused this Article to be violated. An investigation was started by Küçükçekmece Chief Public Prosecutor s Office against Hürriyet newspaper writer Ertuğrul Özkök with the charge of insulting President Tayyip Erdoğan. Özkök wrote an article titled Shame on you, oh great man, on the three-yearold Syrian Aylan, who lost his life in the open sea near Bodrum. It was alleged that the one who is accused as being the murderer in one of the sentences Özkök wrote in the article, Look, friend. You are the murderer of this child. You are, oh the relentless, merciless, faithless neighborhood called the Middle East was President Erdoğan.

8 An investigation was started against Cumhuriyet newspaper caricaturist Musa Kart following a complaint by President Recep Tayyip Erdoğan because of his caricature titled captain conducting his ship dated 4 August In the petition of complaint, Erdoğan s lawyer Ahmet Özel claimed that the personal rights of his client was violated with the expression used in the caricature which would imply that the President was a thief. On the other hand, President Tayyip Erdoğan opened a case of moral indemnity for 100 thousand Turkish Liras in total against Nationalist Movement Party (MHP) Leader Devlet Bahçeli with the reason that he has made statements which encroached his personal rights in the meetings organized before the general elections. Saying public enemy to governor considered crime A court case was opened against teacher Hatice Yüksel, who was suspended from duty because of participating to a press statement, and against her colleague Mehmet Doğan, who supported her, with the charge of insulting the governor they were protesting, Güngor Azim Tuna. Yüksel used the expression public enemy referring to the governor in the statement she made on 16 June to protest her suspension, and Doğan distributed her speech text to her colleagues. In the case opened at Eskişehir 10th Criminal Court of First Instance following the complaint of Governor Tuna, they will stand trial on 10 December.

9 Twitter penalty against two academics Ankara University Rectorate reprimanded Political Sciences Faculty members Aysun Gezen and Ozan Değer from six academics against whom an investigation was opened because of their Twitter posts following a request by the Governorate. It was not announced which posts caused the penalty. Gezen indicated that they will take necessary legal action against the reprimand, saying, This is an arbitrary decision made with the order of the Governorate; there is no legal basis or cause for it. Penalty against public workers protesting Suruç Massacre 13 Confederation of Public Workers Union (KESK) member public workers, against whom an investigation was opened because of participating to the Suruç massacre protest organized in Ağrı, were suspended with the order of the Ağrı Governor. Questions such as why are you members in these unions? Who gathers you together? What are you doing in the union? Who called you to the protest? were asked within the scope of the investigation to the public workers, among whom there were union executives as well.

10 Ninth access ban brought on DIHA Applications of censorship continue on Dicle News Agency (DIHA), which was restricted together with its approximately 90 websites simultaneous with the air operation organized by the Turkish Armed Forces on 24 July in Qandil. The new website which was the new website the agency was continuing the publication on, was also banned to access by the Telecommunication Communication Presidency (TIB) with the order of the Prime Ministry General Directorate of Security Affairs. With the decision, the number of websites closed belonging to DIHA reached nine. 20 journalists dismissed in 40 days Solidarity Network Against Censorship launched a report titled 40-Day Budget of the War on 1 September World Peace Day. According to the report, which listed right violations, censorships and prohibitions journalists have been exposed to; 20 journalists were dismissed, 103 websites were censored, 10 journalists were attacked, 2 journalists were arrested and cases were opened against 21 journalists with imprisonment claims of years in total, since 24 July.

11 OSCE completes final report on 7 June elections Launching their final report on the 7 June general elections, the Organization for Security and Co-operation in Europe determined that the role President Erdoğan undertook during the election campaigns violated the law regarding election campaigns as well as related European conventions. In the report, it was emphasized that there is serious worry on media freedom. It was further expressed that the media and journalists were exposed to oppression during the elections, either by direct intervention of politicians or by closure threats. For the full report: THIS WEEK ON THE MUSEUM OF CRIMES OF THOUGHT The doorstep of our museum; You may see the updated picture of Turkey at the doorstep of our museum, as always.

12 Will the elections be held? It was announced that we are on a period (inclined plane) of elections and days go by; whereas whether the elections will be held on 1 November or not is still being seriously debated. The words of both President Erdoğan and Prime Minister Davutoğlu on the security of elections strengthened the suspicions that the elections might be postponed to an unclear date with this excuse. Operations continue increasingly On the other hand, PKK attacks continue. In return, the police and gendarmerie operations in regions where the People s Democratic Party (HDP) is strongly supported, as well as in big provinces, continue increasingly. Entrance and exit of these regions are being prohibited with applications of Security Zones, which reminds one of the State of Emergency applications in the 1990s, digging ditches and building barricades on roads with the suspicion that an attack will start, armed operations with the reason of all these and clashes resulting with the deaths of civils Unfortunately, this is the current situation. For details and many more: TRIALS OF FREEDOM OF EXPRESSION The sixth hearing of the case regarding the murder of Agos Newspaper Editor-In-Chief Hrant Dink, which is on retrial following the decision of reversal of the Court of Appeals, was held on 3 September at Istanbul 5th High Criminal Court. The case was postponed to 22 December. Penal Department No.6 of the Court of Appeals decided for the case of Ethem Sarısülük, who was shot and killed by the police in Ankara during the Gezi Park protests, to be transferred to Aksaray with reasons of security. On the other hand, Ankara 6th High Criminal Court made an unauthorized decision before sending the case file to Aksaray. The court decided for the release of the defendant police officer Ahmet Şahbaz.

13 TRIALS OF NEXT WEEK The proceeding of 46 press workers within the scope of the KCK investigations will continue at the Constitutional Court on 11 September The fourth hearing of the case opened against the Çarşı fan group which supported the Gezi Park protests, with the charge of attempting to overthrow the government, will be held on 11 September 2015 at Istanbul 13th High Criminal Court. The proceeding of Freedom and Solidarity Party Tokat Central District Chairman Önder Konuk, charged with insulting President Erdoğan with a post he made on the social media, will continue on 11 September 2015 at Tokat 1st Criminal Court of First Instance. You may follow and find news on Freedom of Expression and related events, including the weekly bulletin here:

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