European Rights Court sides with Turkish journalists
March 20, 2018
Turkey violated the rights to liberty, security and freedom of expression of two journalists it detained for alleged terror ties, the European Court of Human Rights has ruled. Over 150 journalists are in jail in Turkey.
Image: DW/Julia Hahn
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The European Court of Human Rights (ECHR) ruled on Tuesday that Turkey had acted illegally in detaining two journalists despite the Supreme Court issuing an order for their release.
Mehmet Atlan and Sahin Alpay were two of hundreds of journalists arrested on tenuous terror charges after the July 2016 failed coup attempt. It is the first ECHR verdict on the situation facing journalists in Turkey.
The ECHR noted that "there is a general problem in Turkey concerning the interpretation of anti-terrorism laws," and agreed with the plaintiffs that "dealing with matters of public interest" did not constitute incitement to violence.
The court found in particular that "Mr. Alpay's pre-trial detention... could not be regarded as 'lawful' and 'in accordance with a procedure prescribed by law.'"
Atlan's detention "could not be regarded as a necessary and proportionate interference in a democratic society."
Judges ordered Turkey to pay each man €21,500 euros.
Turkish Judge Ergin Ergül issued a partly dissenting opinion to the case, claiming the ECHR was overstepping national authority.
Thousands sacked in Turkey
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Why this matters: The EU has been extremely critical of the Turkish government's handling of the rule of law. This ruling by one of Europe's highest courts allows Brussels to exert more diplomatic, political and moral pressure on Turkey to end the post-coup crackdown.
What's happened so far: Since 2016, the government and President Recep Tayyip Erdogan have used the failed putsch to arrest hundreds of journalists who have been critical of the government or who have expressed sympathy for the country's Kurdish population that is seeking autonomy.
Who are the plaintiffs? Atlan and Alpay were both academics who also worked for the daily Cumhuriyet, one of Turkey's oldest and most prestigious newspapers. Almost half of the paper's reporters, columnists and executives are in jail.
Why were they jailed? In February, Atlan and his brother Ahmet Atlan were sentenced to life in prison for belonging to a terrorist organization for alleged ties to exiled cleric Fethullah Gulen, whom Ankara has accused of orchestrating the failed coup. In March, Alpay was released from prison and sent into house arrest.
UN's Shamdasani: Massive human rights abuses in Turkey
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Further condemnation
On Tuesday, the UN said that Turkey had committed "profound human rights abuses against hundreds of thousands of people," and accused Ankara of extending the post-coup state of emergency in order to crack down on opposition.
The UN accused Turkey of carrying out torture and arbitrary detentions in what it called "a continued erosion of the rule of law and deterioration of the human rights situation."
"The numbers are just staggering: nearly 160,000 people arrested during an 18-month state of emergency," said UN rights chief Zeid Ra'ad Al Hussein.
What happens next: According to an ECHR spokeswoman, the Turkish authorities are revisiting the cases of Atlan and Alpay. The UN has called on Turkey to "promptly end the state of emergency and restore the normal functioning of institutions and the rule of law." While international pressure has led Erdogan's government to reconsider some cases, such as that of German journalist Deniz Yücel, Ankara has shown little sign of slowing its crackdown on critical voices.
Deniz Yücel's release triggers joyful reactions — and continued warnings
German-Turkish reporter Deniz Yücel has been released from prison in Turkey, where he was held for a year without charge. Many leading figures in Germany reacted with delight at the news.
Image: picture-alliance/Eventpress/Stauffenberg
Deniz Yücel: A year behind bars
Yücel's story has gripped Germany for the past year. Following his arrest on February 14, 2017, he was accused of sedition and spreading terrorist propaganda but never charged. Articles he wrote about Ankara's conflict with the Kurdish minority and the failed coup of July 2016 may have prompted the allegations. He also spent time in solitary confinement which he described as "almost like torture."
Image: Imago/Müller-Stauffenberg
Angela Merkel: 'I am happy'
The German chancellor expressed her pleasure at the news of Yücel's release during a joint press conference with Poland's prime minister: "I am pleased, like many, many others, that he could leave prison today. I am happy, of course, for him and for his wife." She noted, however, that that there were still some "not so prominent cases" of journalists in jail in Turkey.
Image: Reuters/F. Bensch
Joyfully reunited
Yücel was met outside the prison by his wife, TV producer Dilek Mayatürk. They married while he was behind bars. During his time in prison, she was allowed to visit him only once a week, according to a report in the Sunday edition of Welt.
Image: Twitter/Veysel Ok
Sigmar Gabriel expects Yücel's return
German Foreign Minister Sigmar Gabriel had made continued efforts at the diplomatic level to gain the journalist's release. "This a good day for us all." He added that he expected Turkish officials to allow Yücel to leave the country.
Image: picture-alliance/dpa/M. Kappeler
German journalists and Amnesty: 'Don't forget the others'
The German Federation of Journalists (DJV) and Amnesty International, however, warned that other journalists should not be forgotten amid the good news. "The freedom of the press is still being massively eroded," said DJV's Frank Überall (pictured). Markus Beeko of Amnesty International Germany echoed his sentiment, reminding that his counterpart in Turkey remains in prison after eight months.
Image: Frank Sonnenberg
Yücel released, while others given life sentences
Shortly after news came that Deniz Yücel had been freed, it was reported that three prominent Turkish journalists — Mehmet Altan (above), his brother Ahmed Altan and Nazlic Ilicak — had been sentenced to life imprisonment for links to exiled cleric Fethullah Gulen. Ankara holds Gulen responsible for the failed coup. The journalists' cases have raised new alarm over the rights situation in Turkey.
Image: DHA Doğan Haber Ajansı
Crackdowns continues
Turkey is still under a state of emergency more than a year and a half after an attempted coup. More than 38,000 people, including journalists and teachers, are in jail, while over 110,000 have been sacked from government jobs. Ankara has told international critics that it is necessary to root out all Gulen followers for security reasons.
Image: picture-alliance/abaca
Protests at detentions in Turkey
The crackdowns have, however, been met with a number of protests both in Turkey and in Germany, whose nationals have also been scrutinized by the Turkish government. The German Foreign Office is aware of 28 German citizens who were arrested in the crackdown, while 31 German nationals are banned from leaving the country.
Image: Imago/snapshot/K.M. Krause
Heiko Maas: 'Overdue news'
Expressing his delight at the news of Yücel's release, German Justice Minister Heiko said that Berlin would continue to do everything in its power to gain the freedom of all German nationals unjustly imprisoned in Turkey "as quickly as possible."
