“I can’t breathe,” Khashoggi says.

“I can’t breathe.”

“I can’t breathe.”

The transcript noted several more voices. The voices reported to belong to Saudi officials.

And more noises depicting what happened as if subtitles of a horror scene. No dialogue but descriptions: “Scream.” “Scream.” “Gasping.” “Saw.” “Cutting.”

As such the journalist was killed.

In the videos, spread on June 26, of award-winning Turkish photojournalist Bulent Kilic, pinned on the ground, with police officers kneeled on his back and his throat, heard the same hardly discernible words hissing out of Kilic’s mouth: “I can’t breathe!”

Such reverberation is indeed blood-chilling.

On June 26, AFP photojournalist Kilic was forcefully detained after being pushed to the floor by police officers, while covering the Pride Parade in Istanbul. In videos from the incident, Kilicwas heard saying “I can’t breathe”, while the police officers kneeled on his back and neck. His camera was also broken by police officers.

What deepens the horror is resemblances of this violence to others, such as the killing of African American George Floyd by white police officers last year. Or, as Kilic himself reminded in his social media post statement after his release from custody, the killing of another Turkish journalist, Metin Goktepe, in police detention in 1996.

“The evil that killed Metin Goktepe in the Eyüp Sports Hall tried to make me breathless by pressing my neck today, but they have failed. The people thankfully claimed their journalist. All friends mobilized. It is not that easy. We have some unfinished business.

Bulent Kilic filed a “violent arrest” complaint against police officers, who pinned him to the ground.

“They tried to make an attempt on my life, they wanted to suffocate me. Whoever did this to me, I will bring them to account before the Constitutional Court, European Court of Human Rights or before whatever court of the world. As long as I live, it will be accounted for at a court,” he also posted.

Kilic was taken into custody and released three hours later after his initial statement was taken. Dozens of Pride event protesters were also briefly detained.

Many other journalists who were covering the march were reportedly targeted by the police violence on Saturday. Videos taken by journalists and citizens report several attempts by the police to prevent journalists from taking footage of LGBTI+s being violently detained during the march, while requesting to see press cards.

Kilic and Goktepe are only two of many others in Turkey to be reminded of the violence journalists face. The country has a disheartening record on the matter.

Turkey: Hero of Press Freedom in Khashoggi Murder

The mystery of Khashoggi’s murder by the order of Saudi Crown Prince Mohammed bin Salman was solved with help of Turkish intelligence and security officers, with support of the government. It is true that the international outcry to bring the perpetrators and their state accomplices to account partially been effective thanks to Turkish cooperation.

Twenty Saudi nationals have gone on trial in absentia in Turkey for the murder of the journalist. The defendants include two former aides to the prince, who denies involvement. Although probably the trial will remain a symbolic act, since Saudi Arabia rejected Turkey’s extradition request, it is regarded as a chance to get all the facts out into the open. The next hearing of the trial is scheduled for July 8.

Well, of course, another significance is that for once Turkey has the role to play the hero if press freedom. A country with notorious press freedom records itself, incidents of violence against journalists is not a coincidental aberration in Turkey. Turkish President Recep Tayyip Erdogan’s government comes under relentless criticism for stifling the media and political dissent.

Whether Turkey will see those perpetrators attacking Journalist Bulent Kilic brought before a court to account for their use of disproportionate force and violation of his human rights will determine where Turkey’s political power wants to lead the country towards. For security forced to stand trial on such deeds require a special permission by the ministry of interior affairs.

Anatomy of Journalist Prosecutions in Turkey report based on the data gathered and analysed by monitoring, documenting, and reporting on journalist prosecutions Press in Arrest Journalist Prosecutions Database proves an ongoing pattern of ‘judicial harassment’ targeting journalists.

Turkey ranked 153rd out of 180 countries in RSF’s latest World Press Freedom Index.

Not so much of a country that works diligently towards becoming a European Union (EU) member. One of the biggest factors preventing Turkey’s accession to the EU is its failure to meet the Copenhagen Criteria. Countries wishing to join the EU must guarantee democracy, the rule of law, and human rights. However, in a recent leader’s summit statement, European Council expressed concerns regarding the rule of law and fundamental rights. “The targeting of political parties, human rights defenders and media represent major setbacks for human rights and run counter to Turkey’s obligations to respect democracy, the rule of law and women’s rights.”

The statement drew negative reaction from Turkey’s rulers, who has been very eager for the chapter on customs to be reopened. Yet, the growing suppression of rights and freedoms such as the right to free assembly and freedom of thought and press among many others, renders the criteria for the country’s full accession inaccessible.

As Press in Arrest’s report exposes, the systemic use of criminal law measures against journalists targets their legitimate activities. The report also establishes that Turkey is consistently failing to meet its obligations under international law.

Reporters say their jobs became even more difficult after the Turkish police issued a circular in late April banning the dissemination of images or audio of officers without their consent.

Since April 2021, a Security General Directorate (EGM) directive instructs police officers to “take necessary action” to stop persons who are taking audio and visual recordings of public demonstrations in case the officers are being prevented from performing their duty.

Journalists Demand Accountability

Forceful detention of AFP reporter Bulent Kilic, who was following the Pride March held in Taksim on June 26, 2021, prompted press organizations’ reaction. 15 press organizations protested the rights violations against journalists in Istanbul, Ankara and Izmir with the slogan “You cannot suffocate journalism” and demanded that those responsible shall be held accountable.

Many members of the press and representatives of professional press organizations gathered in front of the Turkish Journalists’ Association, marched to the Istanbul Governor’s Office, to say “stop the police violence” in support their colleagues battered by the police during the Pride March in Taksim, Istanbul.

Dozens of journalists rallied holding photos of Award-winning photographer Bulent Kilic’s head pinned to the ground and signs read: “We can’t breathe”.

“Press freedoms cannot be suffocated,” they chanted while some hung their cameras to the fence surrounding the governor’s mansion in protest.

Similar slogans rang out during an unsanctioned event attended by dozens of reporters in a park in the Turkish capital Ankara.

“Our colleagues face violence for simply doing their job,” the Turkish Journalists’ Association’s Ankara branch head Esra Kocak Mayda said as anti-riot police observed a short distance away.

Officials defending or pretending as a response

Amidst public outrage, Deputy Interior Minister Mehmet Ersoy defended the police violence with a social media post. “Detaining the ones resisting the police during an unpermitted demonstration is not tyranny.”

The post was later retweeted by Interior Minister Süleyman Soylu.

The Provincial Security Directorate of İstanbul has released a written statement Kilic’s forceful detention. The statement reminded the ban on the march “planned to be held by groups from the LGBT …” and warnings of police officers to “the groups from the LGBT.” From the participants of the Pride March “who responded by resisting the officers despite all warnings, forty-six (46) were caught and a legal action was taken,” the statement read.

The directorate claimed that the police officers did not know that Kilic was a journalist on duty until after he was brought to the police station.

“During the proceedings at the Beyoğlu District Security Directorate, the aforementioned press member stated that he was on duty as a press member and that he pressed charges against the related personnel; his statement was taken, and he was released after this.”

The 19^th İstanbul LGBTI+ Pride March to be held in İstanbul’s Taksim on Saturday, June 26 was met with heavy police violence. Only a few hours before the rally, Beyoğlu Sub-Governor’s Office announced the march was banned.

Despite all illicit, hair-raising efforts, many journalists in Turkey persistently works in line with the profession’s honour. The perseverance to keep making visible and known whatever the political power tries so hard to conceal will save both Turkey’s and its journalism’s future. As such you heard the proscribed banning of and the security forces’ brutal crackdown on the peaceful Pride March. Keep an ear and you’ll hear more. Because #JournalismIsNotACrime.

The post Journalists are suffocated appeared first on Sivil Sayfalar.

Ok, I am not writing this to whine about the doom and gloom journalism has suffered. Rather, I wanna play along the lines and draw a 101 guide on how to punish journalism. 

In today’s world that is gone off course, let’s define “comparing a president to Darth Vader” as an insult crime punishable with prison sentence up to four years, can we not? Even better, let’s rule that if this “crime” is committed publicly, the sentence prescribed shall be heavier. When I say publicly, I mean through press (such as publishing a report) or any means of media (like posting a tweet.) Well, if a journalist would dare to call the president as being like Darth Vader, let’s put her/him in prison. How odd would this be? 

Wait! This already happened, right? 

For those youngsters, who does not know Darth Vader, please see Star Wars. [PS. It is a movie.]

Do you think this can be real?

Back to judging Darth Vader comparison and a break to the dark humour. I wished to write ‘there should be a limit to this nonsense,’ but I cannot. Because the main topic of this text is a report, titled Anatomy of Journalist Prosecutions in Turkey, we recently published as Press in Arrest Database on Prosecuted Journalists. On its page 69, you will find that a journalist, namely Ahmet Altan was, in fact, put to trial under the Artice 299 of the Turkish Penal Code, for comparing Tayyip Erdogan, the president of Turkey, to Darth Vader and sentenced to almost three years in prison.

It does feel like the usual chit chat about how in today’s world, dystopias such as George Orwel’s novel ‘1984’ has become reality. Or rather, how the incredible incidents happening in sci-fi productions become real, i.e. the pandemic we have endured in the past year.

The two-and-a-half years we worked to monitor and document journalist trials in Turkey to gather data and record the symptoms of systemic dysfunctions that gave way to prosecution of 356 journalists in 240 cases, there happened so many moments that felt “This cannot be real!” 

The Report at a Glance

A report identifying how laws and rules can be bent

In this sense, Anatomy of Journalist Prosecutions in Turkey report reads like a guide on how to bend rules, laws, conventions and standards as well as rights and freedoms to prosecute journalists in Turkey. Yet, we did not name it so, out of respect to those hundreds of journalists detained, arrested, judged, condemned to indignation, some even tortured, and at least 39 of whom are still in prison. We thought, we can set a limit to this dark humour, since the political power in Turkey, and the judicial system it has deemed subservient, obviously will not voluntarily!

“Turkey is a State Party to both the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), which guarantee the right to freedom of expression. Indeed, Turkey’s own Constitution provides for the same.” 

This is the very first sentene of the report. Yet, there we are, working to monitor and document a political and legal practice that has, for over a decade, broke and violated almost every regulation and/or standard pertaining to these legislations.

In the report, you will find lots of cold data, statistics and numerous analysis on the judicial character of these journalist trials. But you’ll also find that these journalists are real human beings, who were doing their job and using their rights to freedom of opinion, expression and press. That is if these laws and rights can still be deemed existent.

Unfortunately, you will also find many more journalistic practices, such as posting a funny comment on Twitter, concerning a TV show featuring Ertugrul Gazi, a 13th century Ottoman Turkish leader, that was proscribed and led to detentions or prosecutions of journalists. 

Examples of cases to practice

The content that resembles the report to a guide on how to prosecute a journalist comes with its ability in identifying the paradigms of legal practice, namely the application of legal provisions invoked in press cases. 

Let’s give you a glance of what kind of laws could be utilized to stifle freedom of expression and press, the report details expressions or activities of prosecuted journalists and the charges brought under the Turkish Penal Code or even better the infamous Law on Prevention of Terrorism, articles of which were invoked 299 times in 240 cases against journalists.

For instance, 

• research and reporting on information and documents leaked by hackers concerning high profile public figures, 
• having anonymous sources and communication with them, 
• communications with other journalists, who are accused of similar acts and 
• working for “critical media outlets” or those that are alleged to have affiliation with proscribed groups 

can be defined as activities constituting crimes, prescribed under anti-terror laws.

This means, if there is an anonymous or otherwise leaks pertaining to high-ranking government actors, a journalist should refrain from investigating or even worse, reporting on this information. The message of this prosecution is clear: play the three monkeys and keep off such public scrutiny of the wrongdoings of government actors or you will be accused of “terrorism” and sentenced to prison up to 11 years.  

Oh, and you will be kept in pre-trial detention for five months, awaiting an indictment to learn about your charges. If you cannot believe that this is possible, please check this link to the case dubbed as “Redhack case” in Turkey. 

Here is another guide to charge journalists. This one is to use the Article 301 of the penal code “insulting the Turkish nation, the Republic, organs, and institutions of the state.”

• Critical reporting on Turkey’s military operation in Syria’s Afrin province, 
• any problematic conducts of the military, 
• allegations of human rights violations by the security forces (allegations of crimes against civilians in a conflict zone, torture and ill-treatment of prisoners and civilians),
• critical reporting on an unexpected release and house arrest of a pastor based on diplomatic pressure from another state, 
• defining the policy, the government adopted with regard to arbitrary prosecution of high-profile non-Tukey citizens as “blackmail and hostage diplomacy” 

are some examples of journalistic activities that can be punished under Article 301.

Any excuse can be defined and re-defined to deem these activities as crimes of inciting hatred and violence among the society or degrading a sacred notion within the community, etc. These crimes are punishable with up to two years in prison. 

If you think this cannot be real click here to read one of its best examples in the case against journalists Duygu Guvenc and Alican Uludag.  

Better now, just put them on trial with some time in pre-trial detention and linger the judicial proceedings. Viola! 

All the journalists in your country will be stifled and self-censoring. Just make a good example by vilifying a few of them and you have your results: an un-free media by the hands of an un-independent judiciary.

Note: According to our report, the period between the approval of the indictment and the first court hearing date is about 5 months. One in every 5 cases prosecuting journalists, it takes at least 6 months for the trial to be launched. 72 per cent of the trial proceedings of cases prosecuting journalists last more than a year.

Well, if this is not a dystopia coming real is not, what is? So, if you are seeking to re-define the crimes of expression and journalism, please feel free to access this report by clicking on its title here: Press in Arrest: Anatomy of Journalist Prosecutions in Turkey. 

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