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Turkey: International groups demand release of Kurdish journalists, lawyers,…

Turkey: International groups demand release of Kurdish journalists, lawyers, political party officials detained in pre-election crackdown

Media freedom, freedom of expression, and human rights organisations call on Turkish authorities to stop the systematic harassment and intimidation of Kurdish journalists, media workers, media outlets, the lawyers that defend them, and Kurdish political party officials, give them access to legal counsel, disclose full details of charges brought and to ensure that they are released from detention. We reiterate the need for a free and pluralistic media atmosphere in the run up to the elections that will be held on 14 May 2023.

 

Available in Turkish here.

On 25 April, coordinated dawn raids in Turkey targeted homes and offices of 126 people including journalists, lawyers, rights defenders, political activists and artists in 21 provinces, based on unclear charges. The state-run Anadolu Agency reported that the Diyarbakır-based operation is related to anti-terror investigations led by Diyarbakır Chief Public Prosecutor’s Office.

 

Among those that have been detained so far are 10 journalists and a lawyer who represents arrested journalists. Technical equipment, computers, books and documents belonging to journalists were also confiscated by the police during the raids. It was also reported that arrest warrants were issued against 216 people and the search continues for other journalists.

 

The detained journalists so far include Mesopotamia News Agency (MA) editor Abdurrahman Gök and reporters Ahmet Kanbal and Mehmet Şah Oruç; editor-in-chief of Yeni Yaşam daily newspaper Osman Akın; the publisher of the only Kurdish print newspaper in Turkey, ​​Xwebûn Weekly, Kadri Esen; JinNews reporter Beritan Canözer; and journalists Mehmet Yalçın, Mikail Barut, Salih Keleş and Remzi Akkaya.

 

Lawyer Resul Temur, who represented imprisoned journalists in Diyarbakır and Ankara after similar raids in June and October 2022 respectively, was also detained in the raids.

 

The Diyarbakır Bar Association announced that the charges against the detained people are still unknown due to a confidentiality order covering the investigation and a 24-hour restriction on access to lawyers for those detained.

 

The raids are taking place in the run up to the parliamentary and presidential elections in Turkey which will be held on 14 May 2023, and represent another step in the systematic harassment and intimidation of Kurdish media and political opposition in the country.

 

Previously in June 2022, a similar raid resulted in 20 journalists in Diyarbakır being initially detained of whom 16 were placed in pre-trial detention on terrorism charges pending a trial that begins on 11 July, 2023. In October 2022, a further 11 Kurdish journalists were detained on terrorism charges in the provinces of Ankara, İstanbul, Van, Diyarbakır, Şanlıurfa, Mersin and Mardin in simultaneous house raids as part of an anti-terror investigation led by the Ankara Chief Public Prosecutor’s Office. Their trial begins on 16 May, 2023.

 

The Mapping Media Freedom database records 27 alerts impacting 91 Kurdish journalists, media workers or outlets over the last 12 months. The alerts primarily consist of legal incidents usually leading to arrest, detention, imprisonment, prosecution and convictions.

 

We call on the authorities to immediately give the detained journalists, lawyers and political activists access to legal counsel, to disclose full details of any charges brought and to ensure that they are released from detention.

Signed by:

  • Articolo 21
  • Coalition For Women In Journalism (CFWIJ)
  • Croatian PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Foreign Media Association (FMA Turkey)
  • Freedom House
  • Human Rights Watch
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Media and Law Studies Association (MLSA)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • PEN America
  • PEN Canada
  • PEN International
  • PEN Melbourne
  • PEN Netherlands
  • PEN Norway
  • PEN Québec
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • San Miguel PEN
  • Scottish PEN
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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Türkiye: Uluslararası gruplar, seçim öncesi baskınlarda gözaltına alınan Kürt gazeteciler, avukatlar ve siyasi parti yetkililerinin serbest bırakılmasını talep ediyor

 

Medya özgürlüğü, ifade hürriyeti ve insan hakları örgütleri olarak; Kürt gazeteciler, medya çalışanları, medya kuruluşları, onları savunan avukatlar ve Kürt siyasi parti yetkililerine yönelik sistematik taciz ve gözdağı uygulamalarına son verilmesi, bu kişilerin avukata erişiminin sağlanması, kendilerine yöneltilen suçlamaların tüm ayrıntılarının açıklanması ve serbest bırakılmaları yönünde Türkiye yetkililerine çağrıda bulunuyoruz. Bu vesileyle, 14 Mayıs 2023 tarihinde gerçekleştirilecek seçimler öncesinde özgür ve çoğulcu bir medya ortamına duyulan ihtiyacı yineliyoruz.

 

25 Nisan’da Türkiye’nin 20 ilinde aralarında gazeteciler, avukatlar, hak savunucuları, siyasi aktivistler ve sanatçıların da bulunduğu 128 kişinin ev ve ofislerine henüz tam anlamıyla belirlenmeyen suçlamalarla şafak vakti eş zamanlı baskınlar düzenlendi. Devlete ait Anadolu Ajansı, Diyarbakır merkezli operasyonun Diyarbakır Cumhuriyet Başsavcılığı tarafından yürütülen terörle mücadele soruşturmalarıyla ilgili olduğunu bildirdi. Toplam 216 kişi hakkında yakalama kararı çıkarıldığı bildirildi.

 

Şu ana kadar gözaltına alınanlar arasında 10 gazeteci ve tutuklu gazetecileri temsil eden bir avukat da bulunuyor. Baskınlar sırasında gazetecilere ait teknik ekipman, bilgisayar, kitap ve belgelere de polis tarafından el konuldu.

 

Şu ana kadar gözaltına alınan gazeteciler arasında Mezopotamya Ajansı (MA) editörü Abdurrahman Gök ve muhabirleri Ahmet Kanbal ve Mehmet Şah Oruç; Yeni Yaşam gazetesi genel yayın yönetmeni Osman Akın; Türkiye’deki tek Kürtçe basılı gazete olan Xwebûn’un imtiyaz sahibi Kadri Esen, JinNews muhabiri Beritan Canözer ve gazeteciler Mehmet Yalçın, Mikail Barut, Salih Keleş ve Remzi Akkaya bulunuyor. 

 

Haziran ve Ekim 2022’deki benzer baskınların ardından Diyarbakır ve Ankara’da tutuklu gazetecileri temsil eden Avukat Resul Temur da baskınlarda gözaltına alındı. 

 

Diyarbakır Barosu, soruşturmada gizlilik kararı olması ve gözaltına alınanların avukatlarıyla görüşmelerine 24 saat kısıtlama getirilmesi nedeniyle gözaltına alınanlara yöneltilen suçlamaların henüz bilinmediğini açıkladı.

 

Baskınlar, Türkiye’de 14 Mayıs 2023 tarihinde yapılacak olan meclis ve cumhurbaşkanlığı seçimleri öncesinde gerçekleşiyor ve ülkedeki Kürt medyasına ve siyasi muhalefete yönelik sistematik taciz ve gözdağının bir başka adımını temsil ediyor. 

 

Daha önce Haziran 2022‘de benzer bir baskın sonucunda Diyarbakır‘da 20 gazeteci gözaltına alınmış, bunlardan 16’sı 11 Temmuz 2023’te başlayacak olan duruşmaya kadar terör suçlamasıyla tutuklu yargılanmak üzere tutuklanmıştı. Ekim 2022‘de, Ankara Cumhuriyet Başsavcılığı tarafından yürütülen terörle mücadele soruşturması kapsamında Ankara, İstanbul, Van, Diyarbakır, Şanlıurfa, Mersin ve Mardin illerinde yapılan eş zamanlı ev baskınlarında 11 Kürt gazeteci daha terör suçlamasıyla gözaltına alındı. Duruşmaları 16 Mayıs 2023’de başlayacak. 

 

Türkiye’nin, terör suçları da dahil olmak üzere, bağımsız gazetecilere yalnızca gazetecilik faaliyetlerinden dolayı ceza davası açma konusunda uzun bir geçmişi vardır. Mapping Media Freedom veri tabanı, son 12 ay içinde 91 Kürt gazeteci, medya çalışanı veya kuruluşunu etkileyen 27 uyarı kaydetmiştir. Bu uyarılar çoğunlukla tutuklama, gözaltı, hapis cezası, kovuşturma ve mahkumiyetle sonuçlanan yasal vakalardan oluşmaktadır. 

 

Yetkilileri, gözaltındaki gazetecilere, avukatlara ve siyasi aktivistlere derhal avukat erişimi sağlamaya ve yöneltilen suçlamaların tüm ayrıntılarını açıklamaya çağırıyoruz. Görevi kötüye kullandıklarına dair inandırıcı bir kanıt bulunmadığı takdirde, bu kişiler derhal serbest bırakılmalıdır.

Greek crime reporter Giorgos Karaivaz, who was killed outside his home in Athens on Friday 9 April, 2021 Library

Greece: Impunity continues two years after murder of journalist…

Greece: Impunity continues two years after murder of journalist Giorgos Karaivaz

Two years ago, veteran Greek crime reporter Giorgos Karaivaz was assassinated in Athens. Today, the undersigned partners in the Council of Europe’s Platform to promote the protection of journalism and safety of journalists honour Karaivaz’s memory.

We also renew our call on the Greek authorities to urgently bring to justice all those responsible for this abhorrent murder and to provide more transparency about the investigation. It is wholly unacceptable and deeply saddening that the case must now be categorised as an instance of impunity for murder, considering there has been no significant progress in investigating or prosecuting this crime for two years.

 

Karaivaz was an experienced reporter who worked for the TV channel STAR and ran a news website focusing on crime and policing. On 9 April 2021, he was gunned down outside his home in broad daylight by two men on a scooter. Following the killing, police said the “professional” style of the assassination indicated the involvement of organised crime.

 

In the immediate aftermath, the Greek authorities promised to prioritise the case and make every effort to swiftly bring the perpetrators and masterminds to justice. Yet to date, no arrests have been made, nor have any suspects been publicly identified, despite the collection of large amounts of data, security camera footage and forensic analysis. The authorities have not announced any substantial progress in the investigation. Information about the status of the investigation is being closely guarded by law enforcement bodies, despite repeated calls for more transparency by media freedom organisations, including several of the Platform’s partners. While we recognise the need to keep certain details of the investigation secret, the lack of communication by state authorities around the criminal probe has led to uncertainty and deepened the chilling effect of the assassination on the journalistic community.

 

Impunity arises from States’ failure to effectively investigate cases of serious human rights violations, which is an obligation with an absolute character under the European Convention on Human Rights. Effectiveness entails that an investigation must be capable of leading to the identification and punishment of those responsible, comprehensive in scope and address all relevant background circumstances. It must also be prompt, impartial and independent, and sufficiently open to public scrutiny to maintain public confidence in the authorities’ adherence to the rule of law and to prevent any appearance of collusion in or tolerance of unlawful acts.

 

Karaivaz’s assassination represents a low point for press freedom in Greece. Every day without progress in the investigation and prosecution further tarnishes the reputation of the authorities responsible. We will continue honouring Giorgos Karaivaz’s memory and pushing for justice for him, his family, friends, and colleagues.

Signed by:

  • ARTICLE 19
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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Greek journalist Stavroula Poulimeni, of the cooperative and independent media outlet Alterthess. Photo credit: Konstantinos Tsakalidis Library

Greece: MFRR to fund legal appeal for lawsuit against…

Greece: MFRR to fund legal appeal for lawsuit against Alterthess

The partner organisations of the Media Freedom Rapid Response (MFRR) today express dismay over the recent court ruling involving a SLAPP lawsuit against independent Greek media outlet Alterthess and one of its journalists, Stavroula Poulimeni. Using the MFRR Legal Support fund, our consortium will help provide funding to cover legal fees for their appeal.

In early 2023, a court in Athens partially accepted the civil lawsuit filed by the former high-ranking executive of a gold mining company, Hellas Gold, and ordered the cooperative media outlet to pay a total of €3,000 in damages to the plaintiff.

 

As previously reported, the lawsuit stemmed from a court report that Poulimeni had published in October 2020 regarding the first-instance criminal conviction of two executives from Hellas Gold over the company’s alleged pollution of water sources in North Halkidiki. Following a first appeal, the convictions were initially confirmed at the Appeal Court in September 2021, as Alterthess reported at the time.

 

A month later in October 2021, one of the executives, Efstathios Lialios, filed a lawsuit based partly on the EU’s General Data Protection Regulation (GDPR) regulation which demanded €100,000 in compensation, arguing that the journalist had defamed him and illegally violated his private data by publishing his full name and position when reporting the first-instance conviction. After a second appeal, both executives’ convictions were then overturned by a higher court in May 2022, as Alterthess also reported at the time.

 

In 2023, the Court of First Instance in Athens dismissed Lialios’ defamation allegation but sided with the plaintiff on the GDPR claim, awarding compensation for “moral damage”. While the damages were significantly lower than the €100,000 originally demanded, we believe the implications of this ruling go far beyond money and touch upon principles fundamental to media freedom.

 

Firstly, in convicting a journalist for reporting details about a first-instance criminal conviction, the court’s verdict undermines the principles of both open justice and court reporting. The trial in question was held in open session, without reporting restrictions, and the first-instance verdict was publicly announced in court. Reporting news about the conviction, including the individuals’ names and positions, is standard journalistic practice across the world. The conclusion of the judge that the journalist should have sought the individual’s consent for his name and position when this conviction is reported to be published is entirely unjustifiable.

 

Moreover, citizens living in Halkidiki and northern Greece have a right to receive timely information about individuals found guilty in the first-instance, especially when it involves a matter of serious public interest such as the pollution of water in their local area. The right of the media to publish such information therefore clearly outweighs a convicted individual’s expectation of privacy. While the executives’ guilty verdicts may later have been overturned on appeal, at that moment in October 2020 it was clearly in the public interest to report the first stage of the judicial process.

 

In ruling the other way, this judgment sets a dangerous legal precedent. As Poulimeni has rightly warned, if this verdict stands it could trigger a wave of similar lawsuits based on GDPR regulations to muzzle public interest media reporting and keep certain information secret. This ruling therefore risks encouraging other powerful individuals or companies to weaponise GDPR regulations to try and keep certain information or names out of the public domain. We believe this verdict therefore poses a threat to press freedom in Greece, which is already under considerable strain.

 

Through our Legal Support Fund, the MFRR organisations have therefore decided to provide funding to cover the legal fees required to challenge this verdict at the Court of Appeal in Athens. Moving forward, we hope the court will recognise the principles at stake here and ultimately overturn out this worrying first-instance verdict. Ensuring a just outcome will be important not just for Alterthess and Stavroula Poulimeni, but for all journalists carrying out similar watchdog reporting in Greece.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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RTUK Turkey Elections Library

Turkey: Broadcast regulator must stop punishing critical reporting ahead…

Turkey: Broadcast regulator must stop punishing critical reporting ahead of elections

The partners of the MFRR have joined 20 press freedom, freedom of expression and human rights organisations to call on Turkey’s broadcast regulator (RTÜK) to immediately stop fining broadcasters for their critical reporting. Journalists and broadcasters must be allowed to do their jobs of informing the public over critical issues and holding the government to account.

 

Available in Turkish here.

Instead of upholding freedom of expression and media pluralism in the country, RTÜK is being weaponised by the governing parties to silence legitimate criticism and provide them with an unfair advantage in the May 2023 elections. This suppression of public debate is undermining the electoral process.

 

On April 5, 2023, İlhan Taşcı, a CHP-nominated member of the Radio and Television High Council (RTÜK), reported on Twitter that RTÜK had once again fined several news channels over critical content.

 

FOX TV was fined three percent of its monthly ad revenue after news anchor Gülbin Tosun criticized the government’s approach to women’s rights by saying “the ruling alliance does not want you to work or study, but to have babies and stay at home” during a live broadcast. Tosun had been targeted by members of the ruling AKP party, following her comments.

 

RTÜK imposed the same penalty on Halk TV for “preventing the free formation of opinion” after a presenter and her guest cited a news article claiming that Turkey’s Disaster Management Authority (AFAD) had charged earthquake survivors to hire out its machinery to help rescue their relatives from the rubble.

 

TELE1 was also fined three percent of its monthly ad revenue for “humiliating a municipality” after the hosts of “18 Dakika” program criticized the AKP-ruled Şanlıurfa Municipality and cited allegations that the municipality had transferred funds, provided by foreign governments to Turkey, to the Taliban in Afghanistan.

 

These fines come on the back of a series of penalties already issued in February 2023 imposed on Halk TV, TELE1, and FOX TV and in March 2023 against Halk TV, TELE1, FOX TV, Show TV, and Yıldız EN TV. RTÜK also imposed temporary bans on numerous programs because of their critical coverage.

 

In 2022 RTÜK issued 54 penalties to five independent broadcasters totalling 17.335.000 Turkish Lira (approximately 823.000 Euros) of fines. By contrast, pro-government channels received a total of four penalties totalling 1.674.000 TL (approximately 80.000 Euros).

 

The government’s censorship is not limited to domestic news channels as, earlier in March 2023, the Ministry of Industry and Technology did not renew the operating license of German broadcaster Deutsche Welle’s (DW) Turkish service after it was blocked in June 2022 at the request of RTÜK. DW is no longer able to operate in Turkey as a legal entity, forcing its reporters and editors to continue working as freelancers, deprived of stable work contracts and social security benefits.

 

We view these incidents as part of the Turkish government’s systematic attempt to stifle critical reporting and to control the information flow ahead of Turkey’s presidential and parliamentary elections on May 14, 2023.

 

We call on the Turkish broadcast regulator, RTÜK, to immediately end the persecution of independent broadcasters and act according to its mandate to secure freedom of expression and media pluralism in the country.

Signed by:

  • Association of European Journalists
  • ARTICLE 19
  • Articolo 21
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • Danish PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Freedom House
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Media and Law Studies Association (MLSA)
  • OBC Transeuropa (OBCT)
  • PEN International
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN
  • World Association of News Publishers (WAN-IFRA)

Türkiye: Uluslararası gruplar, seçim öncesinde eleştirel haberlerin cezalandırılması nedeniyle RTÜK’ü kınadı

 

Medyanın baskı altına alınması toplumun bilgiye erişimini engellemekte ve seçim sürecinin meşruiyetini zayıflatmaktadır 

 

Uluslararası Basın Enstitüsü (IPI) ve 19 medya özgürlüğü, ifade hürriyeti ve insan hakları alanında faaliyet gösteren örgütler, Türkiye’nin yayın düzenleyici kurumu Radyo ve Televizyon Üst Kurulu’na (RTÜK), eleştirel haberlerinden dolayı yayıncılara para cezası vermeyi derhal durdurması çağrısında bulunmaktadır. Gazetecilerin ve yayıncıların eleştirel konularda kamuoyunu bilgilendirme ve hükümetten hesap sorma yükümlülüklerini yerine getirmelerine izin verilmelidir. 

 

RTÜK, ülkede ifade hürriyeti ve medya çoğulculuğunu desteklemek yerine, meşru eleştirileri susturmak ve 14 Mayıs 2023 seçimlerinde kendilerine haksız bir avantaj sağlamak için iktidar ittifakı tarafından bir araç olarak kullanılıyor. Kamusal tartışmanın bu şekilde bastırılması seçim sürecini baltalamaktadır.

 

Radyo ve Televizyon Üst Kurulu’nun (RTÜK) CHP’li üyesi İlhan Taşçı, 5 Nisan 2023 tarihinde Twitter‘da RTÜK’ün eleştirel içerikler nedeniyle bazı haber kanallarına bir kez daha ceza verdiğini bildirdi.

 

FOX TV, haber sunucusu Gülbin Tosun’un canlı yayında “iktidar ittifakı çalışmanızı, okumanızı değil, çocuk doğurup evde oturmanızı istiyor” diyerek hükümetin kadın haklarına yaklaşımını eleştirmesinin ardından aylık reklam gelirinin yüzde üçü oranında para cezasına çarptırıldı. Tosun, yorumlarının ardından iktidardaki AKP üyeleri tarafından hedef gösterilmişti.

 

RTÜK, bir sunucu ve konuğunun, Afet ve Acil Durum Yönetimi Başkanlığı’nın (AFAD) depremzedelerden yakınlarını enkaz altından kurtarmak için iş makinelerini kiraladığını iddia eden bir habere atıfta bulunmasının ardından Halk TV’ye de “kanaatlerin serbestçe oluşmasını engellediği” gerekçesiyle aynı cezayı verdi.

 

TELE1 ayrıca, “18 Dakika” programının sunucularının AKP’li Şanlıurfa Belediyesi’ni eleştirmesi ve belediyenin yabancı hükümetler tarafından deprem yardımı için Türkiye’ye sağlanan fonları Afganistan’daki Taliban’a aktardığı iddialarını dile getirmesi üzerine “belediyeyi küçük düşürmek” suçundan aylık reklam gelirinin yüzde üçü oranında para cezasına çarptırıldı.

 

Bu cezalar, Şubat 2023’te Halk TV, TELE1 ve FOX TV’ye ve Mart 2023’te Halk TV, TELE1, FOX TV, Show TV ve Yıldız EN TV’ye verilen bir dizi cezanın ardından geldi. RTÜK ayrıca, eleştirel yayınları nedeniyle çok sayıda programa geçici yasaklar getirmiştir.

 

RTÜK 2022 yılında beş bağımsız yayıncıya toplam 17.335.000 Türk Lirası (yaklaşık 823.000 Avro) para cezası olmak üzere 54 ayrı ceza vermiştir. Buna karşılık, iktidara yakın kanallara toplamda 1.674.000 TL (yaklaşık 80.000 Avro) tutarında dört ceza almıştır.

 

İktidar sansürü yerel haber kanallarıyla sınırlı değil; Sanayi ve Teknoloji Bakanlığı, RTÜK’ün talebi üzerine Haziran 2022’de yayını engellenen Alman yayın kuruluşu Deutsche Welle’nin (DW) Türkçe servisinin lisansını Mart 2023’te yenilemedi. DW artık Türkiye’de tüzel kişilik olarak faaliyet gösteremeyecek ve muhabirleri ile editörleri, istikrarlı iş sözleşmelerinden ve sosyal güvenlik yardımlarından mahrum olarak serbest çalışmaya devam etmek zorunda kalacak.

 

Bu olayları, Türkiye’de 14 Mayıs 2023 tarihinde yapılacak cumhurbaşkanlığı ve milletvekili seçimleri öncesinde, iktidarın eleştirel haberciliği engellemeye ve bilgi akışını kontrol etmeye yönelik sistematik girişiminin bir parçası olarak görüyoruz.

 

Yayın düzenleyici rolünü yürüten RTÜK’ü, bağımsız yayıncılara yönelik baskıya derhal son vermeye ve ülkede ifade hürriyeti ve medya çoğulculuğunu güvence altına alma vazifesine uygun davranmaya çağırıyoruz.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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Top Channel Albania Library

Albania: Press freedom organisations and journalist associations call for…

Albania: Press freedom organisations and journalist associations call for swift justice following deadly attack on Top Channel

Today, 27 March 2023, security guard Pal Kola, 60, was shot dead by unknown assailants on the premises of the leading national TV station Top Channel, where he was stationed in a booth outside the building​​.

Today, 27 March 2023, security guard Pal Kola, 60, was shot dead by unknown assailants on the premises of the leading national TV station Top Channel, where he was stationed in a booth outside the building​​. The heinous attack took place around one o’clock in the morning. State police have since established a dedicated investigative team and are working closely with the Prosecutor’s Office to actively pursue the perpetrators. A car suspected to have been used in the crime was found burned out a few kilometres away from the crime, together with two Kalashnikov rifles. 

 

The undersigned partners in the Media Freedom Rapid Response and the Safe Journalists Network are deeply saddened to learn about this shocking attack. Our thoughts are with Pal Kola’s family, friends and co-workers. We call on the police and prosecutorial services to conduct a prompt, effective, independent and transparent investigation to establish the motive and circumstances of the shooting. We will follow the case closely until all perpetrators and masterminds have been brought to justice. 

 

Our organisations welcome that the Professional Association of Journalists, President Bajram Begaj, Prime Minister Edi Rama and many other public figures from across the political spectrum have also denounced the attack and called for a decisive response from law enforcement. The killing of Kola is set against a background of unacceptable, frequent violence against media professionals in Albania. Mere weeks before the shooting, a crew from Top Channel’s investigative TV show Fiks Fare were threatened at gunpoint while filming a report about the illegal extraction of inert materials from a river bank outside Tirana. 

 

The recent cases of violence against journalists underscore the threats media professionals face in their work. Delays in efforts to hold those responsible accountable result in impunity. We also urge the authorities to take all necessary measures to prevent future attacks. We will continue to advocate for journalists’ and media workers’ safety and security, including through better implementation of international and regional standards developed within the Council of Europe, European Union and United Nations.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Safe Journalists Network

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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Serb Member of the Presidency of Bosnia and Herzegovina Milorad Dodik Library

Bosnia and Herzegovina: Call on the National Assembly to…

Bosnia and Herzegovina: Call on the National Assembly to reject defamation law amendments

The Media Freedom Rapid Response is concerned by the recent developments in Republika Srpska, one of the two entities of Bosnia and Herzegovina, where the government has introduced amendments to the Criminal Code that would re-criminalise defamation.

In the discussions around the proposal, entity President Milorad Dodik accused journalists of lying, using strong derogatory language. Ahead of the session on 21 March, the undersigned partners urge members of the Republika Srpska National Assembly to reject the amendments.

 

On 31 October 2022, President Dodik published a thread on Twitter calling for the Minister of Justice to prepare new, and amend existing laws, with the goal to re-introduce defamation and insults as “criminal offences” in the Criminal Code of the Republika Srpska. This news was followed on 2 March 2023 by the National Assembly’ announcements that Republika Srpska had introduced draft amendments to the Criminal Code to re-criminalise defamation.

 

If approved by the National Assembly, the draft law would give way to arbitrary interpretation of what constitutes an insult or a degrading comment, and would allow for unjustified prosecution of journalists, members of civil society or organisations reporting on corruption and other public interest matters, and anyone writing publicly on social media. Republika Srpska had decriminalised defamation in 1999 in line with developing international standards and practices. Making defamation a crime again would be a direct hindrance to the principles of freedom of the press, and a conviction would lead to fines of between 3,000 and more than 50,000 euros.

 

The bill was strongly criticised by media workers and journalists’ organisations. On 14 March, journalists gathered in front of the National Assembly of Republika Srpska to protest the bill on criminal defamation, and appeal to the people’s deputies to dismiss the proposed amendments. The Parliament has postponed the discussion to debate the amendments to 21 March.

 

The discussions around the re-introduction of criminal defamation sparked unacceptable comments directed at journalists and media organisations during press conferences, often televised. Dodik on several occasions accused journalists of lying, while using strong derogatory language. This comes at a time when journalists in this entity are coming under increasing attacks and pressure: the recent interrogation of Nikola Morača, who works for the newspaper EuroBlic and the portal SrpskaInfo, and several editors and journalists, pressured by the police to reveal their sources; and the vandalism of the cars belonging to Morača and editor of Buka news portal Aleksandar Trifunović, are further concerning examples. Even before the beginning of the investigation Dodik accused the journalists of orchestrating the attack themselves.

 

Another worrying announcement by President Dodik is the introduction of the so-called “foreign agent law” on the activities of non-governmental organisations and associations – a copycat move from Georgia, whose bill was eventually withdrawn after being heavily criticised for its incompatibility with the laws protecting freedom of expression and freedom of association.

 

Our organisations strongly disagree with the proposed amendments and criminalisation of defamation and denounce any attempt to undermine, denigrate or hinder journalistic work. We will continue to closely monitor the situation in Republika Srpska in particular, and will respond to all threats to media freedom in Bosnia and Herzegovina. This includes the documentation of cases on the Mapping Media Freedom and the Council of Europe’s Safety of Journalists platforms.

Signed by:

  • ARTICLE 19 Europe 
  • European Centre for Press and Media Freedom (ECPMF) 
  • European Federation of Journalists (EFJ) 
  • Free Press Unlimited (FPU) 
  • International Press Institute (IPI) 
  • OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

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Action needed: The European Commission Safety of Journalists Recommendation

Action needed: The European Commission Safety of Journalists Recommendation

Today, 16 March 2023, marks 18 months since the adoption by the European Commission of its Recommendation to the Member States on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union. The European Commission is due to perform an evaluation based on key performance indicators, to take stock of the progress achieved by the Member States. In this context, the partners in the Media Freedom Rapid Response (MFRR) call on the European Commission and the Member States to develop comprehensive and regular reporting mechanisms that involve all key stakeholders to effectively measure and continually follow up on the Recommendation’s implementation.

We urge the Member States to take action for the safety of journalists without further delay and implement the provisions of the Recommendation.

 

The European Commission’s Recommendation came at a critical time. As documented by the MFRR on our Mapping Media Freedom platform and analysed in the Monitoring Reports, as well as the Council of Europe’s Platform to promote the protection of journalism and the safety of journalists, the safety of journalists in Europe is in deep crisis. Reporters across the Union face many forms of pressure and attacks. In 2022, the MFRR recorded 415 alerts in EU Member States. Verbal attacks such as intimidation and threats or insults constituted the main type of incident, involving 42% of all alerts, while physical attacks were involved in 20% of cases and attacks to property in 17%. The latest Annual Report by the Council of Europe Platform partners meanwhile characterises the situation as a “context of a continued degradation of press freedom across the continent”.

 

At the time of its publication, the MFRR partners underlined that the key to the Recommendation’s success will lie in following up on its outcomes and holding the Member States to account. Despite clear international laws and standards for improving journalists’ safety, they did too little to turn the tide on the rising number of attacks on journalists. The Recommendation in this regard explicitly aims to support the implementation of the Council of Europe’s standards, particularly its Recommendation 2016(4).

 

To help kickstart the conversation on the Recommendation’s implementation, the MFRR is currently surveying EU-based affiliates of the European Federation of Journalists (EFJ), which are journalists’ unions and professional associations, on the actions and progress achieved so far. Their active involvement, and that of journalists and media workers more broadly, by the Member States and the European Commission in putting the Recommendation into practice is central to ensuring that the measures taken by Member States are effective. The survey focuses, in particular, on those specific recommendations that explicitly call for the involvement of journalists’ representatives. While the MFRR will publish the full results of the survey later this Spring, three key preliminary findings are worth highlighting now:

 

  • After 18 months, the implementation of the Recommendation is very uneven, with pronounced differences between the Member States and from one recommendation to another.
  • Evaluating the implementation status is a nuanced undertaking, with our research indicating many instances of partial implementation.
  • Obtaining a clear picture of any progress achieved becomes even more challenging when considering the impact. For one, some of the implemented measures and actions may need time to yield results, and it may simply be too early to draw either positive or negative conclusions about their effectiveness. In some other cases, even partial implementation of a recommendation has had a positive impact already, which can provide helpful insight on how to proceed with structuring further reforms for the Member State involved or for others who are lagging behind even further.

 

Although merely preliminary, these findings are nevertheless instructive as to the task ahead for the Member States and the Commission. It is clear that they must develop reporting and evaluation tools and procedures at national and regional levels that result in a meaningful assessment of the measures and actions that have been undertaken to implement the Recommendation. Measuring performance will require a nuanced approach to collecting data and developing indicators to capture the complexity of the challenge at hand. Only then will the Recommendation be able to deliver on its aim of strengthening media freedom and pluralism by promoting joint and coordinated efforts by the Member States. Moreover, given the uneven implementation, the process focusing on the Recommendation’s implementation evidently cannot be a one-off. Sustained engagement will be needed going forward and must involve all relevant stakeholders, including journalists and media workers, their associations and unions, civil society and media owners.

 

As concerns the design of this process, we believe useful lessons can be drawn from the experience with the Rule of Law reports to ensure its credibility, inclusiveness and impact. The MFRR partners call on the European Commission and Member States to develop a transparent process for collecting and evaluating pertinent data. Core information about all main aspects should be communicated well ahead of time. This should include clear timelines, criteria for selecting stakeholders based on protocols established jointly with non-State actors, and a transparent methodology for processing their input. To ensure the process generates action, it should result in specific recommendations and follow-up questions, guiding governments on the actions needed to address identified shortcomings, enabling civil society to monitor follow-up action and seek accountability, and promoting a transparent and participatory dialogue between all stakeholders.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • International Press Institute
  • OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.

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Slavko Ćuruvija. Photo by Slavko Ćuruvija Foundation / Predrag Mitić Library

Slavko Ćuruvija: Cycle of impunity for killing of journalists…

Slavko Ćuruvija: Cycle of impunity for killing of journalists in Serbia must be broken

Following the start of the retrial last week at the Court of Appeal for the 1999 murder of Serbian editor and publisher Slavko Ćuruvija, the undesigned partners of the Media Freedom Rapid Response (MFRR) and the SafeJournalists Network (SJN) today renew our call for justice for his killing to finally be secured.

The pending ruling – which will either confirm or dismiss the previous guilty verdicts handed down to four state security agents for carrying out and planning his assassination – will be the most consequential for media freedom and journalism in Serbia’s modern history.

 

Coming nearly 24 years after the editor and founder of the Daily Telegraph and Evropljanin was killed in Belgrade on 11 April 1999, the implications of the decision of the five-member panel of judges for Serbia are hard to overstate.

 

Most significantly, the confirmation of the verdicts sentencing the defendants to a total of 100 years in prison would finally bring to a close a more than two-decade long fight for justice led by Ćuruvija’s family, loved ones, colleagues and civil society organisations.

 

Attaining the convictions would represent a remarkable achievement for those who have sacrificed so much to ensure that Ćuruvija’s legacy is honoured and those who gunned him down at the entrance of his apartment are not able to act with impunity.

 

Given that no one has ever been convicted of the murder of a journalist in Serbia’s modern history, this would represent a vital judicial milestone. Amidst the current toxic climate for the safety of journalists in Serbia, it would also send a clear message that anyone considering trying to attack or silence a journalist will not escape accountability.

 

More widely, this appeal verdict – which shines a light on the crimes of the Milošević regime – represents a timely litmus test for the rule of law and democracy in Serbia, as well as of the resolve of authorities trying to solve the spate of killings of journalists in the late 1990s and early 2000s.

 

If high-level state officials are convicted, it will give much-needed hope that justice can, even decades after the crimes were committed, be achieved for other journalists killed amidst the bloody breakup of Yugoslavia: Milan Pantić in 2001, and Dada Vujasinović, the circumstances of whose death in 1994 was never fully established.

 

As we await the final verdict in the coming months, our organisations today restate our solidarity with Slavko Ćuruvija’s family, his widow Branka Prpa, and all those who have been so fundamental to the campaign for justice, including journalists and media associations, the Commission to Investigate the Murder of Journalists and the Slavko Ćuruvija Foundation.

 

Moving forward, we hope justice for Slavko Ćuruvija will be secured and that the vicious cycle of impunity for the killings of journalists in Serbia will, finally, be broken.

Signed by:

  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • SafeJournalists Network members:
  • Association of Journalists of Kosovo
  • Association of Journalists of Macedonia
  • BH Journalists Association
  • Croatian Journalists’ Association
  • Independent Journalists’ Association of Serbia
  • Trade Union of Media of Montenegro
  • Trade Union of Croatian Journalists

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

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Italy: Prosecutor issues seizure order for article published by…

Italy: Prosecutor issues seizure order for article published by newspaper Domani

The Media Freedom Rapid Response (MFRR) condemns the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by the Undersecretary at the Ministry of Labour and Social Affairs of the current government.

Italian press freedom is seriously threatened by yet another attempt by a member of the current government to silence independent journalism. The undersigned media freedom and civil society organisations strongly condemn the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by Claudio Durigon, Undersecretary at the Ministry of Labour and Social Affairs of the current government. No journalists expressing their opinion or investigating on matters of public interest should fear nor be exposed to intimidation, conviction, or imprisonment.

 

On March 3, 2023, journalists Giovanni Tizian and Nello Trocchia found out that Durigon had initiated a legal action through the visit of two police officers knocking at Domani’s newsroom door who presented them with a seizure order for an article they had authored. The seizure order mentioned that the undersecretary of Labour had initiated a criminal defamation lawsuit against “unknowns”. It is understood the criminal complaint identifies only the article as its subject. 

 

The article by Tizian and Trocchia, published in January 2023, revealed Durigon’s alleged ties with individuals connected with local criminal organisations. The report examined how in 2018, while serving as an MP and national secretary of the Italian General Labour Union, Durigon had supported the career of a now convicted union member, Simone Di Marcantonio. In January, Di Marcantonio was found guilty in the first instance of extortion, linked to a criminal clan operating in the province of Latina. Di Marcantonio is also indicted for acting as a front man for a Calabrian ‘ndrangheta boss.

 

In response to Domani’s article, Durigon filed a complaint for criminal defamation through the press, based on article 13 of Italian criminal code 47/1948, a provision carrying prison sentences of up to six years, which was ruled unconstitutional by the Italian Constitutional Court (ruling 150/2021).

 

Following Durigon’s complaint, the Italian prosecutor ordered the seizure of a hard copy of the indicted article, despite the fact that Tizian and Trocchia’s report was fully available on Domani’s webpage. Such atypical proceedings by the Court of Rome represent an alarming abuse of legal actions at the hands of Italian authorities and public officials. This unnecessary intrusion into Domani’s newsroom signals Italian authorities’ increasing recourse to tactics aimed at intimidating and silencing independent voices and media, raising criticism towards public officials.

 

Italian authorities’ decision to resort to a seizure order has a serious chilling effect. Together with a rising number of defamation lawsuits brought by members of the current government, it indicates a worrying deterioration of press freedom in Italy. Along with Prime Minister Georgia Meloni, Minister of Infrastructures Matteo Salvini and Minister of Culture Gennaro Sangiuliano, Durigon is the fourth member of the current Italian government resorting to a legal action to silence criticism from the press. 

 

Current Italian government officials have been increasingly responding to articles reporting on issues of public interest with lawsuits. This is an alarming trend. Public figures holding elected office have a duty to act responsibly and be prepared to accept a higher level of public scrutiny, in accordance with both national and international rulings.

 

In expressing our solidarity with Domani’s newsroom, we therefore urge the competent authorities to refrain from resorting to such unjustified intimidatory practices towards Domani and any other newsroom in the future. We also call on Durigon to withdraw his criminal defamation complaint. 

 

More widely, we urge the Italian Parliament to adopt a comprehensive reform of defamation laws in Italy in line with international freedom of expression standards as a matter of urgency. This long overdue reform should centre on the decriminalisation of defamation and set limits within civil law on the amount in damages that can be sought to avoid creating undue obstacles to the journalistic profession. We also urge the Parliament to start a discussion to follow up on the Recommendations included in the EU Anti-SLAPPs initiative and to support the adoption of an advanced text of the EU Anti-SLAPPs Directive. 

 

Our organisations will continue to closely monitor this situation involving Domani and will respond to all threats to media freedom in Italy, including the documentation of cases on the Mapping Media Freedom platform.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited
  • Greenpeace Italia
  • International Press Institute (IPI)
  • Meglio Legale Aps
  • OBC Transeuropa (OBCT)
  • The Good Lobby Italia

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.

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Ukraine: One year since the start of Russia’s full-scale…

Ukraine: One year since the start of Russia’s full-scale invasion, MFRR calls for continued solidarity and support for journalists covering the war

Today, marking one year since the beginning of the full-scale Russian invasion of Ukraine, the Media Freedom Rapid Response (MFRR) partners reiterate our condemnation of Russia’s war of aggression.

We continue to stand in solidarity with the journalists and media workers who cover the events at great risk to their safety and remember those who have died in the line of duty.

 

The war’s deadly toll has cast a dark shadow over press freedom in Europe. Killing, kidnapping, torture and other attacks on journalists and media workers has no place in Ukraine, and those responsible must face justice for their crimes. The safety of journalists and media workers on the ground is paramount and must be respected.

 

Since the beginning of the conflict, at least nine Ukrainian and international journalists and media workers are confirmed to have been killed in the line of duty or due to their journalistic work. In some cases, there is evidence that Russian troops targeted journalists and their crews despite clear PRESS insignia. We recall that under international humanitarian and human rights law, the authorities must allow journalists to perform their work without undue interference and refrain from taking any restrictive measures. Under international law, attacks that intentionally target journalists constitute war crimes. In total, 155 alerts involving 241 attacked persons or entities related to media have been recorded for Ukraine on Mapping Media Freedom since 24 February 2022.

 

With the start of the invasion, the MFRR partners joined international efforts to offer support to journalists and media workers in Ukraine. Practical support was extended to cover the immediate needs of journalists in Ukraine to support the flow of information. In addition, the partners initiated new Journalists-in-Residence programmes in Germany and Kosovo, with the support of local authorities in both countries. 

 

Despite the war’s devastation, Ukraine’s media sector remains afloat and the country’s journalistic sector has rightly won acclaim for the courage and professionalism shown in rising to the challenge of covering the war. Notwithstanding an influx of foreign funding, however, increased support is still needed for journalists on the frontline, for media outlets struggling financially, and for media workers who are forced to work in exile as a consequence of the aggression. We reiterate our support for these independent voices as they remain committed to providing invaluable independent journalism and keeping the world informed of what is happening in Ukraine.

 

On 1 March 2023, marking one year since Ukrainian camera operator Yevhenii Sakun was killed, MFRR will host “One year of war: the true cost of journalism”. This webinar will examine the impact the war has had on press freedom, remember those who lost their lives, and discuss what more needs to be done to support free and independent media in Ukraine in its hour of need.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.

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