Turkey submits statement to ECFR in Deniz Yucel case
November 28, 2017
The European Court of Human Rights has received a statement from Ankara outlining why Yucel remains in detention. The reporter has taken his case to the ECHR after Turkish courts rejected several requests for release.
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The Turkish government submitted its statement on Tuesday to the European Court of Human Rights (ECHR) in Strasbourg, explaining why Turkish-German journalist Deniz Yucel has remained in detention without trial since the beginning of the year.
The contents of the document have not been made public, although it will be forwarded to Yucel and his attorneys, as well as all third parties involved in the case. These include the German government, the writers' association PEN International, the United Nations special rapporteur on freedom of expression, the Council of Europe's commissioner for human rights, and 10 further NGOs and rights bodies.
Dilek Yücel speaks to DW about jailed journalist, Deniz
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Yucel, a correspondent for the German daily Die Welt, was arrested in February on charges of sedition and disseminating propaganda affiliated with terror groups. The 44-year-old reporter denies the charges and has demanded a fair and speedy trial from the Turkish judiciary. With no court date set, Yucel has also made several demands that he be released, all of which were dismissed by the Turkish Constitutional Court.
In an interview with DW, Yucel's attorney Veysel Ok said that Yucel had been held in solitary confinement as a means of punishment.
"We can therefore say, unfortunately, that Deniz is receiving a kind of special treatment," Ok said. "The fact that Deniz is being isolated in this way before appearing in front of a judge is already a punishment in itself."
Yucel subsequently took his case to the ECHR, which has accused Turkey of violating its fundamental rights to freedom and freedom of the press.
Violation of Article 5
The court asked the Turkish government to explain in its statement why Yucel had remained in custody for so long. Article 5 of the Human Rights Convention states that detention on remand must be limited to a "reasonable period of time." Exceptions, however, can be granted if the subject is deemed a flight risk or could be suspected of destroying evidence or bribing witnesses.
Should the court find that Turkey has been in breach, it would be obliged to release Yucel.
However, Turkey has one of the worst records of all countries under the ECHR's jurisdiction when it comes to implementing the court's rulings.
Ankara has also yet to respond to claims made by Yucel that he has been imprisoned for previous criticisms of the Turkish government.
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.