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  • Washington: Freedom of the Press and Expression in Turkey

    US Official News
    May 14, 2013 Tuesday

    Washington: Freedom of the Press and Expression in Turkey

    Washington

    The Center for American Progress has issued the following news release:

    The issues of press freedom and freedom of expression in Turkey have
    for several years attracted a great deal of attention and provoked
    extensive debate both in Turkey and in other Western countries. Dozens
    of journalists critical of the government have been jailed, and hefty
    fines have been levied against media outlets seen as opposing the
    ruling Justice and Development Party, or AKP. The perceived
    deterioration of the situation has raised concerns about the course
    and character of Turkish democratic development.

    This brief provides political context, historical background, and
    strategic analysis of this problem, and offers steps that the United
    States can take to help address the situation. The intention is to
    broaden the discussion and improve understanding of the issue among a
    wider audience, particularly in Washington, D.C., in the hopes of
    encouraging greater U.S. engagement. What follows is based on
    secondary research, extensive interviews with Turkish journalists,
    editors, and outside experts, and working-group meetings in Istanbul
    and Washington, bringing together prominent Turkish journalists and
    U.S. and European experts.
    Our goal is not to provide an exhaustive exploration of the current
    state of press or media freedom in Turkey, nor is it to provide new
    data on the exact number of jailed journalists or the character of
    their alleged crimes. There are a number of informative reports that
    provide those details and include insights on the current state of
    press freedom in Turkey. Marc Pierini, a former EU ambassador to
    Turkey, has perhaps the most up-to-date and balanced study. The
    Committee to Protect Journalists plays an important role in tracking
    the exact number of jailed journalists, monitoring their legal status,
    and advocating on their behalf; their website and recent reports have
    detailed breakdowns of these issues. The Organization for Security and
    Co-operation in Europe and the U.S. Department of State both
    exhaustively track the trials of journalists and evaluate the broader
    human-rights environment in Turkey, and their periodic reports contain
    a wealth of information.

    By understanding the historical sensitivities feeding the current
    political crisis in Turkey, outlining the suppression of certain forms
    of political discourse, and examining the issue in the context of U.S.
    engagement with Turkey and the wider region, a new picture emerges.
    The United States wants Turkey to be a capable and secure democratic
    partner with whom it can engage the broader Middle East, and therefore
    it should more clearly voice its concerns about the deterioration of
    press freedom and freedom of expression in the domestic political
    context. Given the wave of popular mobilization in the region and the
    careful negotiations between the Turkish government and Kurdish
    separatists, it is more important than ever to preserve the democratic
    nature of the `Turkish model,' which we discuss in more detail below.

    Historical context

    To understand the current political situation and the importance of
    reinforcing democratic principles over the coming years, it is
    necessary to provide some historical context of press freedom and
    freedom of expression in Turkey.

    During the late 1980s and early 1990s, journalists were targeted and
    sometimes killed by actors ranging from ultranationalists to
    Islamists, far leftists to the Kurdish Workers' Party, or PKK, who
    seek Kurdish autonomy and greater legal and cultural protections.
    Current Prime Minister Recep Tayyip ErdoÄ?an's AKP has successfully
    defused much of the violence that characterized the extreme
    polarization of Turkish society in those years since coming to power
    in 2003. But the 2007 murder of Turkish-Armenian editor Hrant Dink,
    shot outside his newspaper's offices in Istanbul for advocating
    official recognition of the Armenian genocide, served as a reminder
    that the violence underlying political tensions and freedom of
    expression in Turkey has not disappeared.

    The Kurdish issue

    The `Kurdish issue,' as it is delicately referred to in Turkey, is one
    major historical legacy shaping the current political environment and
    affecting press freedom. Approximately 15 million Kurds'an ethnic and
    linguistic minority inhabiting parts of Turkey, Syria, Iraq, and
    Iran'live in Turkey today, with the vast majority being fully
    integrated into Turkish society and many living in major urban
    centers, particularly Istanbul.

    Despite widespread acceptance of Kurds and their integration with
    broader Turkish society, for decades the ultranationalist Turkish
    state attempted to suppress Kurdish cultural and linguistic diversity,
    banning, for example, the use of the Kurdish language until 1991. The
    remnants of this repression remain visible, as the politics
    surrounding the Kurdish language and culture are still hotly debated,
    particularly in the heavily Kurdish southeast, and nationalists
    continue to use fears of Kurdish autonomy to appeal politically to
    older Turks raised on strict Kemalist doctrine. The PKK, a far-left
    guerilla group labeled a terrorist organization by Turkey, the United
    States, and the European Union, has also exploited these fears to
    continue their decades-long struggle for Kurdish independence and
    autonomy. More than 40,000 people have died in this fight since the
    1980s. Several peace initiatives have been introduced and failed over
    the past decade, and violence, while down from its peak in the
    mid-1990s, has continued.
    The AKP has worked to address some of the cultural concerns of the
    Kurdish minority, allowing the use of Kurdish language and permitting
    peaceful Kurdish political mobilization. Nonetheless, most Turks have
    been educated in highly nationalist curriculums and remember the
    violence of the PKK movement, and are thus deeply wary of any hint of
    separatism. This has led to pressure on the AKP to continue security
    operations against the PKK and to avoid concessions to the Kurds. The
    extreme sensitivity of the Kurdish issue in Turkish politics means it
    bleeds into areas such as freedom of the press. Many reporters or
    editors reporting on PKK activities or discussing Kurdish cultural or
    political activities have faced censorship, arrest, threats, or
    outright violence.
    In this context, shaping a lasting and peaceful solution to the
    Kurdish issue has proved difficult. The past six months have seen
    considerable progress, however: A ceasefire negotiated between the
    government and Abdullah Ó¦calan, the PKK's jailed leader, has led to a
    wider peace initiative and the best chance for a settlement since the
    conflict began.

    Since the AKP's electoral success in 2002, the country has seen a
    remarkable period of economic growth, political reform, and relative
    stability. This has given the party the chance to institutionalize the
    changes it has brought to the Turkish state such as greater legal and
    cultural recognition of Kurdish and Armenian minorities. The party was
    formed as a broad alliance of religious conservative parties that were
    previously banned under Turkey's secular constitution, members of the
    newly emergent Anatolian middle class, social conservatives, and
    liberal elements that were frustrated with the incumbent Republican
    People's Party, or CHP.

    Electoral success and economic growth has also made Prime Minister
    ErdoÄ?an one of the most influential leaders in the Middle East. This
    clout was visible during his tour of the Arab world following the
    upheavals of 2011'he was greeted by cheering throngs at nearly every
    step. His and Turkey's popularity increased talk of a `Turkish model'
    of democratic development, secular government compatible with Islamic
    conservatism, and economic growth. The Turkish model means many things
    to many people throughout the region but is undoubtedly one narrative
    open to moderates seeking to shape new political cultures in the wake
    of the Arab Spring.

    The AKP's rise to power was a manifestation of trends that began in
    the 1980s, when center-right Prime Minister Turgut Ã-zal'later
    president from 1989 to 1993'oversaw the opening of new economic
    markets and the modernization of the Turkish economy. This process had
    unintended consequences for the country's established elites'the
    far-right Nationalist Action Party, civilian administrators, powerful
    Istanbul oligarchs, and influential military leadership'who had long
    benefited from the strong state and military apparatus built by
    Mustafa Kemal Atatürk. The macroeconomic conditions, liberalization of
    the Turkish economy resulting from Ã-zal's reforms, and deepening trade
    ties to the Middle East all contributed to rapid urban growth in
    Anatolia and the rise of an Anatolian business class, which would
    become a crucial constituency for the AKP. By 2011, when ErdoÄ?an's AKP
    secured 50 percent of the popular vote, more than 20 cities in central
    and eastern Turkey were each generating more than $1 billion of trade.
    The emergence of these new centers of economic power in Anatolia over
    the past two decades has had profound political repercussions. Many
    among the new Anatolian business classes resented the clientelist
    nature of the Kemalist elite, centered on patronage and loyalty to
    statist doctrine, and came to closely associate with the political
    coalition behind the AKP's rise and electoral success. The more
    virulently nationalist elements of the Kemalist camp only contributed
    to these suspicions and resentments by attempting to stifle dissent
    and freedom of expression by outlawing Islamist political parties and
    banning symbols of cultural or religious diversity such as the
    headscarf or the Kurdish language.

    The Kemalist old guard could claim the mantle of constitutional
    legitimacy for much of this process, defending the constitution that
    is still in place today'written under military rule in the early
    1980s'which limits cultural and political liberties, requires the
    country to be governed `loyal to the nationalism of Atatürk,' and
    assures the military considerable political influence. Despite this
    veneer of legitimacy, democratic principles were repeatedly ignored
    through this process. In 1997, for example, the military forced out
    the government of the AKP-predecessor Welfare Party in the so-called
    post-modern coup, arguing that the religious conservative movement had
    become a threat to Turkish security. Prime Minister ErdoÄ?an himself,
    then the mayor of Istanbul, was imprisoned for a short time in 1998
    for reciting a poem protesting the ban of the Welfare Party, which
    authorities deemed was inciting religious hatred.

    Despite these hurdles, the reconstituted and modernized
    religious-conservative-reform movement, now under the umbrella of the
    AKP, managed to win a large majority in parliament in 2002, due in
    part to widespread anger at official corruption and the state of the
    economy. Given the historical fear of the Turkish deep state'the
    conspiratorial statist and corporatist elements that many Turks still
    believe run the military and intelligence apparatuses'the legacy of
    repeated military coups, and the recent memory of the 1997 military
    intervention and subsequent banning of the Welfare Party, it is
    unsurprising that upon gaining power in 2002 the AKP moved quickly to
    curb the influence of the military and other branches of the Kemalist
    establishment that it felt hindered the burgeoning democracy and
    threatened the party. The party's reforms, accomplished over many
    years, included abolishing the military courts that had been
    influential in stifling dissent, loosening restrictions on the press
    and religious or cultural expression, asserting civilian authority
    over military commanders, and pushing to rewrite the constitution.

    The AKP's democratic initiatives had a number of positive outcomes.
    First, because the religious-conservative movement had been stifled
    through many of the same tools that the security apparatus used to
    repress Turkey's Kurdish minority, the AKP broke down many of the
    taboos that had surrounded discussion of the Kurdish issue. Second,
    real progress was made on the longstanding Turkish intentions to join
    the European Union. The AKP frequently turned to the European Court of
    Human Rights and made significant progress implementing the reforms
    needed for EU membership, often using the EU accession process as a
    way to counter the influence of the old elite, particularly within the
    judiciary. Finally, in part because the AKP's electoral victory was
    such a watershed event in Turkish political history, and in part
    because the party had so recently experienced censorship and
    repression, the AKP accession prompted a profound opening of the
    Turkish political debate. From 2002 to 2009 numerous topics of
    discussion that had previously been banned from public discourse'such
    as the status of the Kurdish minority, Turkey's history with Armenia,
    and the role of the military in politics'were openly and vigorously
    debated in parliament.

    The AKP's consolidation of civilian control and its breaking down of
    religious and cultural taboos was deeply disruptive and threatening to
    many of the elite Turks raised on the strict Kemalist doctrine of
    secularism, statism, and military prestige. This shaped a situation of
    mutual paranoia, wherein all sides of the political debate harbored
    deep suspicions regarding the motives of their opponents, and
    longstanding grudges'often intensely personal'animated many political
    actions.

    This mutual suspicion is still strong in Turkey today. Kemalists and
    many secular Turks express fear of a creeping Islamist takeover or
    concern about conservative religious groups' presence in the police
    forces and the judiciary. Meanwhile, fears of the deep state and
    mistrust of the military remain powerful among AKP circles, despite
    considerable improvements in civilian control of the military. It is
    in this context that concerns have grown that the cycle through which
    the AKP oversaw a necessary retrenchment of the Kemalist security
    apparatus has gone too far, and that the AKP has begun to assume some
    of the repressive characteristics of the regime in whose shadow it was
    originally formed. Against this backdrop, and because so much of the
    AKP's coalition was formed around a critique of illegitimate use of
    power, Prime Minister ErdoÄ?an's increasingly aggressive responses to
    criticism from the press is especially troubling.

    Strategic concerns trump democratization issues

    Strategic concerns have dominated policy discussions of Turkey in
    Washington, D.C., for several years. President Barack Obama's
    administration has worked hard since 2009 to renew ties with Turkey
    and cultivate Prime Minister ErdoÄ?an's AKP as an important partner and
    interlocutor in the region. As such, U.S. officials and policy
    analysts focused on defining a cooperative regional agenda, improving
    security ties, widening economic access, and working to resolve the
    longstanding Kurdish issue. Questions surrounding Turkey's ongoing
    democratization, including issues of press freedom and freedom of
    expression, were therefore often sidelined.

    The diplomatic thinking was sound in 2009'Turkey was, and is, a NATO
    ally, a democracy, an important regional military power, and a
    fast-growing economy with increasing ties to the Levant. The
    relationship between the two nations had deteriorated during the
    George W. Bush administration and needed renewal. Turkey had held
    successive free and fair elections for nearly a decade, overseen
    important economic reforms, made important and highly symbolic
    concessions to its Kurdish minority, and was beginning the process of
    rewriting and updating its constitution. Additionally, due to economic
    ties and the Kurdish population in the southeast region of the
    country, Turkey was likely to play an important role in shaping the
    future of Iraq after the American withdrawal. The possibility of
    escalating tensions with Iran regarding its nuclear program also
    loomed on the horizon. Despite being a close U.S. ally and regional
    counterweight to Iran, Turkey is dependent on Iranian energy resources
    and therefore crucial to any tightening of sanctions on Tehran to
    complement the Obama administration's diplomatic efforts.

    For all of these reasons, the Obama administration placed strategic
    concerns at the heart of the U.S.-Turkish bilateral relationship. The
    United States did not explicitly sideline issues of democratization,
    but these issues were superseded by more pressing concerns. This
    strategic focus was lent further urgency by the political upheavals
    that swept the region in 2010 and 2011 and by the continuing violence
    in Syria, which left the United States searching for stable allies in
    the region.

    As a result, issues of democratic reform lost significance for many in
    the policymaking establishment. Prime Minister ErdoÄ?an's repeated
    electoral victories'increasing the AKP's share of the vote in both
    2007 and 2011'and his growing personal dominance of Turkish politics
    elicited concern from civil-society activists, who worried about his
    rigidity in response to criticism, but officials in Washington and
    Ankara largely relegated such concerns to second-tier status.

    The sidelining of press freedom, minority rights, and judicial reform
    now threatens to impact the joint strategic project being advanced by
    the United States and Turkey to establish secure and democratic
    governance in the region and foster economic growth. The fact that
    Turkey has regressed on issues of press freedom and stalled on
    judicial reforms undermines the persuasive power of the Turkish
    democratic model in the wider region. In a parliamentary system,
    public opinion is an important check on political power. The
    legitimacy of elected governments is tied to the free exchange of
    opinions, ideas, and criticism'this is how the public compels
    political authorities to remain accountable on a daily basis. If Prime
    Minister ErdoÄ?an and the AKP are serious about overcoming Turkey's
    undemocratic traditions, then maintaining and deepening freedom of
    expression and permitting dissenting voices in the public sphere is
    critical.

    Given the turmoil in the region, with many nascent political movements
    searching to define their future paths, Turkey cannot afford to come
    across as undemocratic or as cracking down on freedom of expression.
    The issue of press freedom is at the core of Turkey's development as a
    modern democracy. Vigorous'and often controversial'internal debate is
    necessary to help reinforce Turkish leadership in the region and the
    strategic partnership with the United States.

    A key juncture in Turkish politics

    The next two years will be tremendously important in directing the
    next phase of Turkish democracy, with the rewriting of the
    constitution, the proposed shift to a system embracing a strong
    presidency, the ongoing reform of the judiciary, and continuing
    outreach to PKK leader Abdullah Ã-calan and negotiations with field
    elements of the PKK all currently underway. Each of these processes
    requires a strong and vigilant press to voice criticism and provide
    oversight, meaning it is crucial that the freedom of the press be
    protected.

    The role of the press is lent further importance by the current lack
    of serious political opposition to the AKP. The primary opposition
    party'the CHP'is still undergoing a long-term reshuffling to widen its
    appeal beyond the urban elites and remove some of the old guard, who
    have so closely associated the party with the excesses of the old
    Kemalist structure. The extended period of AKP dominance has allowed
    it to consolidate control of the courts and weaken the military's
    political influence. But this consolidation, even if necessary or
    natural after a decade of rule, has left the press as the only
    government oversight body and as such has perhaps helped make it a
    target for the AKP, which has developed an increasingly
    confrontational relationship with critical journalists and news
    outlets.

    The stalled EU accession process has also played a role in
    establishing this dynamic. Throughout the early 2000s, this process
    had incentivized Turkey to undertake important reforms and protect
    democratic processes, but the European Union's economic hardships and
    the wariness of many European politicians to support Turkey's bid have
    together made accession a less-enticing prospect than it was for much
    of the past decade. This has meant that progress on meeting the EU
    membership requirements has slowed and that criticism from the
    European Union, which had previously been influential in pushing
    Turkish reforms, is increasingly ignored. Given the United States'
    relative silence on press freedom in Turkey and clear prioritization
    of other issues in the region, there are few outside voices holding
    the AKP accountable.

    Political journalism in Turkey

    The issues outlined above have led the Turkish administration to
    assert increasing control over the political debate in the country and
    have led to meaningful lapses in democratic governance. Prime Minister
    ErdoÄ?an wants to be remembered as a transformative leader who
    established legitimate democratic governance'the bookend to Atatürk
    himself in modern Turkish history'and intends to establish a
    presidential system wherein he can continue to govern after term
    limits end his time as prime minister in 2015.
    Despite these goals and his record of accomplishments since 2002,
    Prime Minister ErdoÄ?an has come to view any criticism of his
    government as a personal attack. Despite the measured reforms and
    removal of many taboos, Turkish political culture and journalism are
    both intensely personal. For many in Turkey, political disagreements
    end with participants debating a person rather than an idea and
    engaging in ad hominem attacks. Sometimes provoked by journalists'
    vitriolic attacks, politicians'including the prime minister
    himself'often mention critics by name in print or in speeches, which
    can lead to threats or intimidation from unscrupulous supporters. The
    prime minister has also filed five libel suits against journalists for
    personal attacks since 2005. While some of the criticism for which
    Prime Minister ErdoÄ?an has sued is distasteful'depictions of the prime
    minister as an animal, for example'the political power of his office
    is such that these lawsuits have a chilling effect on legitimate
    political debate. Given his overwhelming political power, Prime
    Minister ErdoÄ?an would do better to rise above such slights and work
    to cement a new precedent for political leadership.

    So far, the government's behavior has tended toward greater
    repression. But a disclaimer is necessary before delving into the
    details of the imprisonment of journalists and media ownership, as
    well as direct and indirect censorship in Turkey. While these are very
    serious concerns demanding attention and resolution, comparisons of
    Turkey to authoritarian countries such as Iran, China, or North Korea
    are off base. Some organizations monitoring the situation in Turkey
    have drawn such comparisons in order to attract attention to the
    plight of imprisoned journalists, and while their motives may be good,
    such overreach undermines the wider political effort to ensure reform,
    as it provides the government with the opportunity to dismiss all
    outside criticism as overhyped. Turkey today is more democratic than
    in the past, if perhaps less socially liberal. The country has, in
    many ways, a healthy civil society, enshrined civilian authority, and
    a vibrant political debate. While there is still work to be done, we
    should not dismiss how far the country has come since the
    `post-modern' coup of 1997.

    Jailed journalists

    As of the end of 2012, Turkey had imprisoned at least 49 journalists
    for their reporting'more than any other country in the world. As Joel
    Simon, executive director of the Committee to Protect Journalists, has
    written, `Turkey has no business being the world's leading jailer of
    journalists.' Turkish civil society is vibrant; its television shows
    are enjoyed throughout the Middle East. And the AKP has grown its
    share of the popular vote in three successive, legitimate national
    elections. What reasonable explanation could there be for such
    widespread imprisonment of journalists?

    A study by the Carnegie Endowment for International Peace shows that
    the jailing of journalists is linked to the lack of a resolution of
    two larger issues: the ongoing Kurdish unrest and the role of the
    military in Turkish politics. Of course, those two issues are in turn
    associated with the judicial-reform process and the drafting of a new
    constitution to replace problematic remnants of the military
    constitution that still governs the country. The existing
    constitution's broadly defined laws governing national security and
    territorial integrity provide ample room for abuse by overzealous
    prosecutors, while the twin fears of the military deep state and
    Kurdish separatism lead to prosecutions of those who may be engaged in
    legitimate reporting or political advocacy.
    The majority of imprisoned journalists are Kurds charged under the
    remit of Article 314 of the Turkish Criminal Code or under the Turkish
    Anti-Terror Law. According to the Organization for Security and
    Co-operation in Europe's most recent study of the issue in August
    2012, 68 percent of Turkish journalists in prison were jailed on
    charges related to the Kurdish issue; 13 percent were related to the
    ongoing Ergenekon trial of alleged right-wing coup plotters; and 19
    percent were jailed on assorted other charges.
    Both Article 314 of the Turkish Criminal Code and the Turkish
    Anti-Terror Law are overly broad and poorly defined, leaving them open
    to abuse by prosecutors and judges for a wide array of reasons. The
    Turkish Anti-Terror Law, for example, declares it a crime to `print or
    publish declarations or announcements of terrorist organisations.' The
    law is intended to target those dispensing terrorist propaganda but
    leaves open the possibility of prosecution for any number of
    journalists trying to cover the activities of the PKK or other
    terrorist groups. The Anti-Terror Law also deems anyone a terrorist if
    he or she is a member of an `organisation with the aim of changing the
    attributes of the Republic as specified in the Constitution, the
    political, legal, social, secular or economic system.' Of course, the
    current constitution was written under military rule, and any number
    of legitimate political actors want to `change the attributes of the
    Republic as specified in the Constitution,' making this a particularly
    problematic clause for a modern democracy.

    Turkish government officials are quick to point out that some of the
    imprisoned journalists were probably members of the PKK, labeled a
    terrorist organization by Turkey, the United States, and the European
    Union. Equally, there are journalists imprisoned who are clearly not
    members of the PKK or even advocating on the organization's behalf.
    Even delving into the details of individual cases, it is very
    difficult to know the truth, and therein lies another central
    problem'the lack of transparency surrounding the process. Government
    sources claim that a number of jailed journalists were in fact engaged
    in illegal activities, while the Committee to Protect Journalists
    found that there was not sufficient evidence to determine guilt,
    according to their investigation. The fact that this is a matter of
    debate between government officials and their supporters and a
    nongovernmental organization is in itself a condemnation of the lack
    of transparency and due process under the law when it comes to
    prosecuting journalists.
    The abuse of the Anti-Terror Law's broad provisions has provoked
    criticism from the U.S. Department of State, the European Commission,
    the Council of Europe Commissioner for Human Rights, the U.N. Human
    Rights Committee, the Committee to Protect Journalists, and the
    Carnegie Endowment for International Peace. The Turkish government has
    every right to defend Turkish citizens, the state, and its territorial
    integrity and to prosecute terrorists. The impasse, however, is rooted
    in what has been, until recently, a mostly military approach to the
    Kurdish issue. The criticism comes about because of the frequency with
    which prosecutions tend to target those who could claim to be merely
    reporting on PKK activities, a reasonable journalistic pursuit, while
    not being members of the group themselves. As Marc Pierini, former EU
    ambassador to Turkey, has written, the `judicial system tends to blur
    the line between the intention to incite, praise, legitimize, or
    relativize terrorist violence and the expression of an alternative,
    critical, or even disturbing opinion.'

    The solution to the issue of imprisoned journalists certainly lies in
    the dual need for a new constitution and judicial reform. A new
    constitution could eliminate the legal loopholes that allow for the
    prosecution of political opponents under overly broad legal
    justifications. The other issues linked to imprisonment are largely a
    result of badly needed judicial reform and proper due process. Many
    journalists are charged and then held in prison for extremely long
    periods of pretrial detention, and their release on bail is uneven and
    unpredictable. Defendants and their lawyers repeatedly complain of a
    lack of access to evidence, while those trying to monitor the trials
    are foiled by the utter lack of overall transparency. A new
    constitution could also contribute to the permanent peaceful
    resolution of the Kurdish issue through constitutional protections for
    minority rights.

    It is time for Turkey to truly embrace the role of a confident
    democracy by allowing the open debate of these issues, particularly
    the Kurdish question. The AKP is the dominant force in Turkish
    politics, enjoying electoral legitimacy and broad popularity, and
    therefore should be encouraging such discourse rather than stifling it
    through the shadowy use of outdated security laws or judicial
    malpractice.

    Media ownership

    Turkey's crisis of press freedom extends beyond the outright silencing
    of journalists through imprisonment. The government and its allies
    have also utilized more subtle forms of pressure in recent years. Much
    of the problem stems from the consolidation of major media holdings
    over the past two decades and the cross-ownership of media outlets by
    large conglomerates. The Council of Europe Commissioner for Human
    Rights, the European Commission's 2012 Progress Report, and the U.S.
    State Department's Human Rights Report have all identified the
    cross-ownership of media outlets as a threat to freedom of the press
    in Turkey.
    This cross-ownership of media entities'wherein large conglomerates
    with major economic interests in other sectors such as construction or
    energy control media outlets'can open up reporters, editors, and
    owners to a variety of pressures. Companies with interests across
    economic sectors often rely on government contracts or regulation,
    leading to situations where they are asked or decide to apply pressure
    to limit political criticism, which could jeopardize those interests
    or contracts. While smaller companies are not as influenced by
    potential pressure on wider business interests, big conglomerates are
    under tremendous pressure. Numerous Turkish journalists cited
    instances where they were told to tone down government criticism or
    had columns pulled because of such concerns. This pressure manifests
    itself in direct pressure on news-outlet owners from government
    officials and more subtle forms of self-censorship from editors and
    journalists afraid of dismissal.

    Table 1

    The independent think tank Turkish Economic and Social Studies
    Foundation, or TESEV, has documented that the Turkish media market
    came to be dominated by several cross-sector companies through a
    series of mergers following the end of the state monopoly over
    broadcasting in the 1990s. As can be seen from the table above, this
    consolidation of holdings has led several companies to dominate the
    Turkish media scene, across different mediums.

    The case of DoÄ?an Group illustrates this point most clearly. In 2009
    the Turkish authorities levied a $2.5 billion fine against DoÄ?an
    Group, then the largest media company in Turkey, for unpaid taxes. The
    fine was widely viewed as a political move to punish DoÄ?an for its
    media outlets' negative coverage of the AKP and Prime Minister
    ErdoÄ?an. For weeks before the fine was announced, Prime Minister
    ErdoÄ?an spoke publicly against the opposition press, telling his
    supporters at rallies, `Don't buy these newspapers, they are full of
    filth and lies,' adding that audiences should `sentence them to
    poverty.' Such language, besides being inappropriate for the office of
    prime minister, tends to undermine the tax authorities' claims to an
    unbiased assessment of the DoÄ?an Group's alleged financial
    improprieties.

    Multiple sources in Turkey described the fine against the DoÄ?an Group
    as having a `chilling effect' on journalists, editors, and media
    owners. For some Turks, particularly those in the opposition media,
    the DoÄ?an fine was the highest-profile incident in what seems to be a
    trend of tax or bankruptcy proceedings intended to silence opponents
    in the press. Skeptics point to the uncontested auction of the
    ATV-Sabah media group in 2008, when the company held large shares of
    both print and television markets, by the Turkish Savings Deposit
    Insurance Fund, or TMSF, to allies of Prime Minister ErdoÄ?an,
    including his son-in-law and brother, following bankruptcy proceedings
    as a point of concern. The uncontested state auction of a large media
    company to a close ally of Prime Minister ErdoÄ?an stoked fears that
    the prime minister was seeking to assume informal control of the
    media.
    More systematic concerns exist as well, surrounding the leasing of
    broadcast frequencies, issuance of journalist credentials, and the
    problematic Media Law, which states that television broadcasters must
    lease their frequencies from the government, as stipulated in Article
    26 of the constitution, because they are regarded as finite resources,
    meaning the rights can also be revoked by regulators at the Radio and
    Television Supreme Council, or RTÃ`K. For journalists critical of the
    government, obtaining press credentials can also become an issue; the
    government periodically denies credentials to opposition newspapers.
    Finally, under current law the government can prosecute and fine media
    outlets and journalists, for example, for ill-defined offenses linked
    to national security, decency standards, and libel. As with the
    terrorism laws, such poorly defined legal standards open the door to
    abuse and political prosecutions.

    More subtle censorship

    Faced with this array of pressures, many journalists and editors
    practice varied forms of self-censorship. Because of the examples made
    of critics through outright prosecution, fines, or public mention by
    the prime minister or other officials, many conclude that it's not
    worth the risk to explore sensitive issues such as the PKK or the
    Ergenekon trial. Several sources in Turkey reported receiving death
    threats in the wake of public criticism of the government or in
    response to particularly controversial columns on traditional
    political taboos such as discussion of Kurdish political activities or
    the death of more than 1 million Armenians during and after the First
    World War.

    Journalists and editors also report pressure on content from owners,
    leading to fears of dismissal. Indeed, there are countless instances
    of columnists or journalists being dismissed for refusing to tone down
    criticism or for breaking controversial stories. Most recently,
    veteran journalist Hasan Cemal was dismissed from Milliyet newspaper
    for defending the publication of minutes from a meeting between
    representatives of the pro-Kurdish Peace and Democracy Party, or BDP,
    and the PKK leader Abdullah Ó¦calan. The leaked minutes provided fodder
    for nationalist critics of the peace process, angering Prime Minister
    ErdoÄ?an, who publicly criticized Milliyet and condemned Cemal's column
    on the subject, declaring, `If this is journalism, down with it!' Such
    public condemnation from a sitting prime minister brought tremendous
    pressure to bear on Milliyet's owner, who refused to publish a
    subsequent column and then fired Cemal.

    The concerns of critics and outside observers should not shroud the
    fact that many owners, editors, and journalists are quite happy to
    self-censor or cooperate with the authorities. The motivations for
    this cooperation can vary from political proximity and personal ties,
    to business interests and a desire for access to information, to a
    genuine yearning for unity on issues of national security. The blame
    for such censorship does not lie squarely with the government but also
    has its roots in the varying quality of journalistic training and
    ethics across the profession in Turkey.

    Solutions for a freer press in Turkey

    Turkey has made some progress in the past six months to address the
    issue of press freedom, but fundamental reforms are still needed.

    Perhaps responding to international and domestic political pressure,
    the number of jailed journalists dropped sharply from 61 to 49 in
    December 2012 due to a number of releases, according to the Committee
    to Protect Journalists. Helping this process was progress on the
    Kurdish front, with direct negotiations between the AKP government and
    Abdullah Ó¦calan yielding a historic ceasefire announcement from the
    jailed PKK leader, who declared on March 21 that it was time to `solve
    the arms problem without losing time or another life.' This opening
    may help ease one of the points of tension resulting in many of the
    charges against journalists'the Kurdish issue'and prompt the
    government to embrace a broader alleviation of censorship.

    The most recent positive development is an amendment to the
    Anti-Terror Law passed on April 11, 2013. The Turkish Parliament
    passed several AKP initiatives to narrow the definitions of
    prosecutable offenses, which are now limited to those who voice
    opinions deemed `a clear and an imminent danger to public order' or
    those who promote violent acts. While this limited step does not
    address the fundamental problems with the judicial system or the
    constitution and still leaves room for abuse under the `public order'
    clause, it is nevertheless a positive development.

    Numerous reports have outlined in detail the steps necessary for
    Turkey to overcome this problem and fully institutionalize a vibrant
    and free press. First, Turkey's EU accession process was a unifying
    thread that helped incentivize democratic governance, prevent the
    excesses of the security apparatus, and encourage reforms through the
    early AKP years'and hope is needed on that front. While politicians in
    Turkey have soured on EU accession of late because of Europe's
    economic woes and the dismissive attitude of certain European leaders,
    Turkey's entry into the union is in the interest of all parties.

    Second, Turkey needs a new constitution. A modern democracy has no
    business being governed by a constitution written under military rule.
    The new constitution must prioritize the protection of minority rights
    and freedom of expression. This is not just meant as a protection for
    Kurds and other minorities, but also represents the only path to a
    peaceful, democratic Turkey, and will unleash new economic potential
    in previously marginal areas. Further, constitutional reform should
    include the removal of the most problematic `catch-all' phrases and
    clauses in the current constitution, particularly those regarding
    insulting the state or `Turkishness.' If Prime Minister ErdoÄ?an wants
    to be remembered as Turkey's democratic leader, then this should be
    his overarching goal.

    Third, alongside the process of constitutional reform, the AKP must
    continue to pursue the evenhanded reform of the broken judicial
    system. The four judicial-reform packages passed since 2002 represent
    incremental progress, but the government would now be best served by
    bringing its full attention and resources to bear on the problem. As
    it stands, people accused of crimes spend far too long in jail
    awaiting trial, and release pending a trial is uneven and unfair.
    Related to this problem, trials proceed too slowly, contributing to
    the problem of long pretrial detentions and leading to financial and
    personal strain on the accused. Too often in Turkey, the accused are
    treated as guilty before due process has been served. The accused and
    their legal counsel must have full access to evidence, and the cloud
    of secrecy surrounding politically sensitive prosecutions should be
    removed. This will allow for greater accountability and will prevent
    overzealous prosecutors, often eager to gain favor by going after
    critics of the government, from abusing the broad definitions within
    the media law or the Anti-Terror Law.

    Fourth, the Kurdish issue must be addressed through negotiation;
    military force alone will not solve the problem. To its credit, the
    AKP has begun this process, and negotiations continue with the
    departure of PKK fighters from Turkish soil pending a broader amnesty
    agreement. Much can still go wrong in this fraught political process,
    but the AKP has finally acknowledged that the only real way to end
    this struggle is to win the debate'not resort to force. And, of
    course, in order to win the debate, the AKP must allow the debate to
    take place.

    Finally, the United States can and should do more to encourage its
    partner to more fully embrace its role as a modern democracy. All
    reports from both sides indicate that Prime Minister ErdoÄ?an values
    his relationship with President Obama very highly. Beyond this
    personal relationship, Turkey and the United States share many
    strategic goals and a valuable military alliance. While policymakers
    must assess the value of public pronouncements given the political
    situations in both countries, private or personal appeals from
    President Obama might prompt action from Prime Minister ErdoÄ?an.
    President Obama, Secretary of State John Kerry, and other members of
    the U.S. government should make clear to Turkish officials that the
    partnership does not end with military or strategic considerations.
    While making clear that Turkish democracy will continue to reflect
    Turkish culture and history, U.S. leaders must show that they consider
    freedom of the press to be non-negotiable.

    Conclusion

    The course of constitutional and legal reform in Turkey over the next
    two years, along with the fate of the PKK negotiations, will likely
    decide whether the events of the past five years represent either a
    necessary, if sometimes unpleasant, correction after so many years of
    military and Kemalist domination or a longer-term deterioration of
    democratic norms in Turkey. The 2014 presidential elections may also
    reveal the extent to which the current controversies are the product
    of specific leadership personalities or a case of the familiar tools
    of power wielded by new hands. It is unclear whether a figure less
    dominant than the prime minister would exert less control over the
    press or if the problem is more institutional.

    But the blame must not be placed solely on the government, which is
    laboring under an outdated constitution and must deal with a stubborn
    opposition that mistrusts its intentions. Turkish politics must
    continue to address the wider problem of a political culture where the
    line between personal insult and outdated notions of honor and
    legitimate criticism or debate is blurred. Turkish society has also
    not fundamentally decided what balance of security and freedom of
    expression is right for their country'should reporting on bombings or
    carrying the statements of separatists be considered criminal? The
    question of media ownership is also thorny, with no indication that
    the trend toward consolidated ownership of news outlets by large
    conglomerates is slowing.

    The owners of large media companies also often have a wide range of
    business interests with the government and fear that critiquing the
    AKP could negatively impact government contracts or other business
    operations. These overlapping interests and owners' fears of
    government backlash have undoubtedly contributed to the current crisis
    of press freedom, with many proprietors applying pressure to
    journalists or editors who criticize the government. Indeed, a 2011
    survey of top journalists by Bilgi University demonstrated the twin
    pressures facing journalists and editors, with 95 percent of those
    surveyed reporting government interference in news production and 85
    percent reporting intervention by media owners.

    What is certain is the central importance of press freedom to the
    entrenchment of democratic norms in Turkey. For nongovernmental
    organizations there is room to help monitor the situation and provide
    venues and support for independent journalism. Funding freelancers or
    helping set up independent publishing outlets along the lines of
    ProPublica could help circumvent many of the pressures placed on
    journalists in Turkey. A form of such adaptation is already going on
    with the rise of social media and the large online followings top
    journalists have acquired, but financial and institutional support are
    still lacking.
    The United States has a clear interest in ensuring press freedom in
    Turkey. This interest extends beyond any general desire to promote
    democratic governance and freedom of expression and encompasses
    important strategic concerns. And the United States can be forthright
    in expecting more from Turkey's leaders. Veteran U.S. Ambassador to
    Turkey Frank Ricciardone has been outspoken on the subject of
    political intervention in the Turkish press and has said that there is
    no need for high-level Turkish officials to constantly intervene.
    Ambassador Ricciardone is right to question the governing party's
    efforts to suppress opinion.
    Given Turkey's history of coups and censorship, and the pluralism and
    diversity present in the early years of the AKP government, it is hard
    to understand why the prime minister and some of his cabinet members
    would risk those achievements, prompt a backlash from Turkish society,
    and damage the country's international reputation by attempting to
    stifle dissent. Prime Minister ErdoÄ?an and the AKP are strong enough
    and enjoy sufficient legitimacy to allow dissent and debate. Cracking
    down on such activities is a sign of weakness, not strength.
    Furthermore, the prime minister and his party have the opportunity to
    set a new tone in the political debate and to entrench a more open
    political culture.

    Former Secretary of State Hillary Clinton argued that, `The struggle
    for human rights begins by telling the truth over and over again,'
    affirming that the `United States will stand with those who seek to
    advance the causes of democracy and human rights wherever they may
    live.' This discussion represents the finest American tradition'even
    when there are political costs to advancing such issues'and it is in
    the U.S. interest to defend freedom of speech in close strategic
    allies such as Turkey.

    Foreign policy and bilateral relations have become increasingly
    democratized in this modern era, requiring more debate and engagement
    on questions of legitimacy, and `intermestic' concerns have gained
    prominence. Secretary Clinton's drive to engage societies in addition
    to governments recognized this phenomenon, and this approach should be
    more fully extended to Turkey. That is precisely why President Obama
    and Secretary of State Kerry should consistently raise the subject in
    meetings with Prime Minister ErdoÄ?an and Foreign Minister Ahmet
    DavutoÄ?lu. If personal assurances are not backed up by substantive
    action, more public exhortations may be necessary.

    The United States and Turkey have a solid strategic partnership on
    which to build, but in the long run, deepening this association'which
    is in both countries' national interest and is sought by many on both
    sides'will require a shared understanding of freedom of expression and
    freedom of the press.

    For more information please visit: http://www.americanprogress.org/as




    From: A. Papazian
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