Today (2 November 2020) marks the International Day to End Impunity for Crimes against Journalists. The United Nations first observed the day in 2014, with 2 November chosen in commemoration of two French journalists assassinated in Mali on the same day of the previous year.
The landmark resolution (A/RES/68/163) which established the international day “condemns all attacks and violence against journalists and media workers” and urges states to “promote a safe and enabling environment for journalists to perform their work independently and without undue interference.”
Ahead of the International Day to End Impunity for Crimes against Journalists, the Turkey Tribunal in collaboration with the International Observatory of Human Rights released their latest report, titled: Press Freedom in Turkey Today.
The new report details how press freedom is “under immense pressure in Turkey”, with the current regime overseeing a brutal crackdown on the media landscape from a number of fronts.
Press freedom in Turkey
While many commentators often associate Turkey’s crackdown on press freedom with the failed coup in 2016, this is somewhat of an oversimplification. The Press Freedom in Turkey Today report ultimately concludes:
“the violations of freedom of the press, committed by the Turkish government can no longer be considered a reaction linked to the” coup d’état” or aiming at fighting political violence and terrorism. The clear purpose is to silence all critical voices in Turkey as much as possible, whereby prosecution and long-term imprisonment are used as a frequent method to reach that goal.”
And that: “The examples given in the report show that the repression of a free media in Turkey started before the failed coup d’état. It is clear that many journalists and media outlets were already on the Turkish Government’s watch list well before the failed coup”.
However, the report does recognise that: “After the failed coup d’état, the restrictions and prosecutions intensified”, with journalists and critics consistently prosecuted under counterterrorism or organised crime legislation.
Today, Turkey ranks 154th of 180 countries on the Reporters Without Borders 2020 World Press Freedom Index and the Turkey Tribunal report notes that:
“At any one time there is a general prison population of journalists and media professionals of at least a hundred people. There is almost no effective legal recourse once a journalist has been convicted as a “terrorist” to appeal their convictions.”
Turkey remains the “world’s biggest jailer of professional journalists.” With journalists consistently spending over a year in prison before even facing trial. As the new report finds:
“Some journalists remained in detention for an exceptionally long time and were released without their trials having resulted in an acquittal or dismissal. These suspended trials thus remained like a sword of Damocles hanging over their heads; resuming their activity, they remained at risk of getting arrested again without the slightest notice”
From new laws regulating social media content (which came into effect 1 October 2020) to shutting down almost all media outlets critical of the regime, the Turkish government has shut down critical descent with impunity. This is why the Turkey Tribunal and the International Observatory of Human Rights hopes to use the International Day to End Impunity for Crimes against Journalists to shine a light on the situation in Turkey and call on the international community to keep pressure on the Turkish government to cease their current crackdown on media freedom.
The international response
In January 2020, the Universal Periodic Review (UPR) cycle revolved around to Turkey for the third time. The UPR is the process by which member states of the United Nations have their human rights records reviewed by fellow member states, its aim is to “improve the human rights situation in all countries and address human rights violations wherever they occur.”
The International Observatory of Human Rights, in partnership with the Press Emblem Campaign, hosted a discussion in Geneva to coincide with the UPR of Turkey and made a joint submission highlighting a number of key areas of concern regarding Turkey’s compliance with its international human rights obligations relating to freedom of expression with all its implications.
You can read the International Observatory of Human Rights and Press Emblem Campaigns joint submission HERE.
Watch the Geneva information meeting below:
On 29 September 2020, Turkey’s UPR adoption took place. Out of 321 adoptions put forward, 19 were rejected at the introduction for being politically motivated and 302 ‘carefully examined’. Another 216, Turkey said it either supported, had already implemented, or is in the process of doing so.
Despite Turkey consistently stating it will implement recommendations made by the UPR pertaining to journalists, the simple fact is that the situation continues to worsen.
In the first UPR cycle (2010) the Turkish government officially supported 14 recommendations related to strengthening the legal framework on freedom of expression and 5 recommendations specifically related to bringing terrorism legislation in line with international human rights standards.
In terms of freedom of expression and freedom of the press, Turkey now stands far below where it was back in 2010. Each cycle has seen Turkey receive more recommendations relating to the protection of journalists and freedom of expression more broadly, signifying that the situation is getting worse, not better.
As Amnesty International correctly highlighted on the adoption of Turkey’s most recent UPR:
“In the absence of an effective, independent and impartial mechanism to carry out investigations into these allegations, Amnesty International fears impunity for these crimes will continue to be the norm.”
The simple fact is that a simple scolding every UPR cycle is not effecting meaningful change. If the United Nations truly hopes “to End Impunity for Crimes against Journalists” then it needs to establish new mechanisms to do so, this could perhaps be incorporated into the 2020 review of treaty bodies.
The European Court of Human Rights has taken a more active role, condemning the Turkish state 154 times between 2000 and 2019. Sadly, its efforts to pressure change have largely been unsuccessful, as Turkey continues to justify its actions through a counter-terrorism lens.
Read the Turkey Tribunal and International Observatory of Human Rights Press Freedom in Turkey Today report HERE.