German-Turkish journalist Deniz Yücel has been imprisoned in Turkey since February. Ankara has until November 28 to make a statement to the European Court of Human Rights. Yücel's lawyer explains what will happen next.
Image: Getty Images/AFP/J. McDougall
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The November 28 deadline regarding Deniz Yücel is the third the European Court of Human Rights (ECHR) has had to set, after Ankara requested extensions on previous ones. Yücel has been held in solitary confinement in Turkey since February 2017. He is accused, without further explanation, of spreading terrorist propaganda, membership in a terrorist organization and inciting the populace. At Yücel's request, the ECHR will decide whether his imprisonment violates his fundamental rights. His lawyer, Veysel Ok, spoke to DW about his client's condition and the status of his court case.
DW: When were you last able to visit Deniz Yücel? How are his health and state of mind?
Veysel Ok: I last visited him on November 21. Physically and psychologically he's doing very well. But he's been in isolation for nine months. He's only allowed to speak to his lawyers, and to his family, for one hour a week. He's completely alone, even on the sports field. He has no contact with anyone. At the moment he's fine, but we're concerned about his health if these conditions continue, because this sort of isolation can eventually become physical and psychological torture.
Why has Deniz Yücel been held in solitary confinement for so long compared with other journalists who have been arrested in Turkey?
Yücel has been imprisoned in Turkey since FebruaryImage: picture-alliance/dpa/K. Schindler
As far as we know, Deniz Yücel is indeed the only journalist in solitary confinement in Istanbul. We can therefore say, unfortunately, that Deniz is receiving a kind of special treatment. The fact that Deniz is being isolated in this way before appearing in front of a judge is already a punishment in itself. We have already applied repeatedly for Deniz to be released from solitary confinement. We received strange explanations in response, such as: "We're keeping him in solitary confinement for security reasons." For us, there's only one explanation: Deniz is being punished without having been convicted.
There's still no bill of indictment. What's the latest information?
Deniz's other lawyers and I go to the public prosecutor's office every week. But unfortunately we haven't yet been able to set foot in the actual office of the public prosecutor. We haven't even seen the public prosecutor since Deniz was imprisoned. According to Turkish penal law, the public prosecutor not only collects evidence against the accused, but also evidence in his favor. In order to do that, he has to be in contact with the defense. That's how it's done in Turkish law.
In this case, though, we haven't seen the public prosecutor in more than nine months, nor have we spoken to him. When we asked him, in writing, for the reason, we were told that they "didn't speak to lawyers, on principle." That answer doesn't conform with either the right to defense or to the rule of law.
The German government is supporting the case Deniz Yücel has brought before the ECHR. It doesn't often happen that another state is a joint plaintiff in a court case in Turkey. How does that influence the situation?
Since Deniz Yücel is a German citizen, we inquired with the ECHR whether the German government could be a joint plaintiff in the case. The ECHR answered affirmatively. The German government will deliver a written statement on the case. Naturally, this is a very important development for us.
Dilek Yücel speaks to DW about jailed journalist, Deniz
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The ECHR's deadline for Turkey to make a statement in the Yücel case expires on November 28. Might it be postponed again?
No, it's unlikely that the ECHR will postpone the deadline again. Because the ECHR has said it will remain November 28, and that the deadline will not be postponed; this was a clear decision.
How will the case proceed after Turkey has handed in its statement on November 28?
Turkey's statement will be passed on to us. We'll check it and write our responses to it. Then the German government will lay out its position. The ECHR will then decide in the case of Deniz Yücel and will make an announcement.
Even though the ECHR has said it will not postpone the deadline, is it possible that Turkey will dispense with a statement on November 28?
Turkey can also dispense with making a statement. It is not legally bound to make one. If Turkey should prefer not to mount a defense in the Deniz Yücel case, the trial at the ECHR will follow the normal procedure, without the Turkish defense.
The interview was conducted by Aram Ekin Duran.
Why are German and Turkish relations so strained?
German-Turkish relations have deteriorated since the failed coup against Turkish President Erdogan in 2016 and the crackdown that followed. DW looks at some of the key moments that soured ties between Berlin and Ankara.
Image: picture-alliance/POP-EYE/B. Kriemann
The Böhmermann affair
March 31, 2016: Turkish President Recep Tayyip Erdogan filed charges against German comedian and satirist Jan Böhmermann over his "defamatory poem" about the Turkish leader. German prosecutors eventually dropped the charges on October 4, 2016, but the case sparked a diplomatic row between Berlin and Ankara.
German lawmakers pass resolution to recognize 1915 Armenian Genocide
June 2, 2016: The resolution passed almost unanimously. In response, Turkey recalled its ambassador in Berlin and Germany's Turkish community held protests in several German cities. Turkey had repeatedly criticized the use of the term genocide to describe the Ottoman-era Armenian killings, arguing that the number of deaths had been inflated, and that Turkish Muslims also perished in the violence.
Image: Getty Images/AFP/S. Gallup
Tensions following failed coup in Turkey
July 15, 2016: A faction of the Turkish military tried to overthrow President Recep Tayyip Erdogan, but ultimately failed. Ankara accused Berlin of not taking a clear stand against the coup attempt or not doing anything about exiled preacher Fethullah Gulen's organization, who Erdogan blames for orchestrating the failed coup.
Image: picture-alliance/dpa/S. Suna
Germany criticizes post-coup purge
Immediately following the attempted coup, Turkish authorities purged the army and judiciary, detaining thousands of people. The purge expanded to include civil servants, university officials and teachers. German politicians criticize the detentions. Turkish diplomats, academics and military members fled the country and applied for asylum in Germany.
Image: picture-alliance/dpa/S. Suna
Kurdish rallies in Cologne
Erdogan's post-coup crackdown has also been condemned by Kurdish protesters at several mass demonstrations in the west German city of Cologne. Often the rallies have called for the release of Abdullah Ocalan, the jailed leader of the Kurdistan Workers' Party (PKK), which Turkey considers to be a terror group. Ankara has accused Berlin of not doing enough to stop PKK activities.
Image: picture-alliance/AP Photo/M. Meissner
Arrest of German citizens in Turkey
February 14, 2017: Deniz Yücel, a correspondent for the "Welt" newspaper, was taken into custody in Turkey. Other German nationals, including journalist Mesale Tolu and human rights activist Peter Steudtner were detained in Turkey for what Berlin dubbed "political reasons." Turkey accused them of supporting terrorist organizations. All three have since been released pending trial.
March 2017: A number of German localities blocked Turkish ministers from holding rallies in their districts ahead of an April referendum in Turkey to enhance President Erdogan's powers. The Turkish leader then accused Germany of using "Nazi tactics" against Turkish citizens in Germany and visiting Turkish lawmakers. German leaders were not amused by the jibe, saying Erdogan had gone too far.
Image: picture-alliance/dpa/O. Berg
Spying allegations
March 30, 2017: Germany accused Turkey of spying on hundreds of suspected Gulen supporters as well as over 200 associations and schools linked to the Gulen movement in Germany. Turkish asylum-seekers have since accused officials working in Germany's immigration authority (BAMF) of passing on their information to media outlets with ties to the Turkish government.
Image: Imago/Chromeorange/M. Schroeder
Erdogan urges German-Turks not to vote for 'enemies of Turkey'
August 18, 2017: Turkish President Recep Tayyip Erdogan slammed three of Germany's main political parties as "enemies of Turkey" and told Turks living in Germany not to vote for them in September's general election. He singled out Merkel's Christian Democrats (CDU), the Social Democrats (SPD), and the Greens. Merkel said Erdogan was "meddling" in Germany's election.
Image: picture-alliance/abaca/AA/M. Ali Ozcan
Merkel says Turkey should not become EU member
September 4, 2017: German Chancellor Angela Merkel said during an election debate that she didn't think Turkey should become a member of the European Union and said she would speak with other EU leaders about ending Ankara's accession talks. In October, she backed a move to cut Turkey's pre-accession EU funds.
Image: Reuters/F. Bensch
Turkey's military offensive in Afrin
January 20, 2018: The Turkish military and their Syrian rebel allies launched "Operation Olive Branch" against the Kurdish-held enclave of Afrin in northern Syria. The move was criticized by German politicians and prompted large protests by Kurdish communities in Germany.
Image: Getty Images/AFP/O. Kose
Journalist Deniz Yücel released from prison
February 16, 2018: Turkey ordered the release of German-Turkish journalist Deniz Yücel after he'd been held for over a year without charge. According to Turkish state media, Yücel was released on bail from pre-trial detention. Prosecutors asked for an 18-year jail sentence for Yücel on charges of "terror propaganda" and incitement.
Image: picture-alliance/Eventpress/Stauffenberg
Özil quits
July 2018: German footballer Mesut Özil quit the national team following the fallout from his meeting with the Turkish president. Özil said he was being made a scapegoat for Germany's forgettable performance at the FIFA World Cup in Moscow because of his Turkish heritage. Erdogan praised Özil's decision and slammed the "racist" mistreatment of the footballer.
Image: picture-alliance/dpa/Presidential Press Service
Travel ban lifted
August 2018: A Turkish court removed the travel ban on German journalist Mesale Tolu, who was arrested last year on terrorism-related charges. But the trial against Tolu, who has since returned to Germany, is set to continue. Her husband, Suat Corlu, who is facing similar charges, has been ordered to remain in Turkey.
