Respect and protection of freedom of expression vital for the
progress of democracy in Turkey
Strasbourg, 12/07/11 –
“Despite the progress made by Turkey in recent years regarding free and
open debates on previously sensitive issues, the situation of freedom of
expression and media freedom remains particularly worrying. Urgent
measures are needed to uphold these rights and foster a more tolerant
atmosphere towards criticism and dissent” said the Council of Europe
Commissioner for Human Rights, Thomas Hammarberg, releasing today a
report on Turkey.
The Commissioner welcomes recent changes to the Turkish Constitution,
which are likely to have a positive effect on freedom of expression and
media freedom. He considers, however, that the letter and spirit of the
present Constitution continue to hinder the full respect of pluralism
and freedom of expression. He therefore encourages the Turkish
authorities to ensure that the planned constitutional reform addresses
these obstacles.
Likewise, the Criminal Code and the Anti-Terrorism Act continue to
seriously impede freedom of expression in Turkey. “Provisions of these
pieces of legislation have been used to disproportionately limit freedom
of expression, including of journalists, broadcasters and publishers.
The amendments adopted so far by Turkey have not been sufficient in
dealing with the root causes of numerous violations of the right to
freedom of expression found by the European Court of Human Rights.” The
Commissioner expresses his particular concern about the use of civil and
criminal defamation provisions, and invites public figures to refrain
from initiating defamation proceedings which have serious chilling
effects on media freedom.
The Commissioner also finds that the overly restrictive attitude of
judges and prosecutors has been a serious impediment to the efforts to
improve freedom of expression. “Courts and prosecutors do not always
interpret and apply existing statutory provisions with due respect to
the principle of proportionality and the standards of the European
Convention on Human Rights concerning freedom of expression. The
authorities should notably introduce into the Turkish legal system the
defences of truth and public interest when assessing the criminal
responsibility of journalists.”
Commissioner Hammarberg calls on Turkey to effectively address the
serious, long-standing dysfunctions within the Turkish judicial system
affecting also freedom of expression. The excessive length of criminal
proceedings and of pre-trial detentions, problems concerning defendants’
access to evidence against them pending trial, and the lack of restraint
on the part of prosecutors in filing criminal cases adversely affect
freedom of expression and lead to self-censorship in Turkish media. The
Commissioner urges the Turkish authorities to address these problems
through legislative and practical measures, as well as through
systematic training and awareness-raising activities within the justice
system.
The Commissioner considers that a review by the Turkish authorities of
the Internet Act and the Radio and Television Act is also urgently
needed. He considers in particular that systematic Internet censorship
and the blocking of websites by competent administrative authorities is
beyond what is necessary in a democratic society.
Finally, recalling notably the murder of the writer Hrant Dink, the
Commissioner urges the authorities to step up their efforts to
effectively protect journalists from violence and intimidation. He also
recommends addressing the precarious working conditions of many
journalists, in particular investigative ones, and putting an end to the
systematic violation of labour rights of media professionals.
The Turkish authorities’ comments are appended to the Commissioner’s
report.
Press contact in the Commissioner’s Office:
Stefano Montanari, +33 (0)6 61 14 70 37;
stefano.montanari@coe.int Keep up to date with the Commissioner on
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