Freedom of Expession and Press 2016 Report

Association of Journalists

Freedom of Expression and Press 2016 Report

Association of Journalists Members of Executive Board President

Nazmi BİLGİN Senior Vice President

Savaş KIRATLI

About the Association of Journalists In the office of the former Governor of Ankara Mr. Nevzat Tandoğan, 7 young journalists whose hearts were full of love for their profession and homeland, make their request with enthusiasm on 10 January, 1946.“We're Mekki Sait Esen, Niyazi Acun, Aka Gündüz, Bilal Akba, Adil Akba,

Vice Presidents Kemal KARACEHENNEM, Ertürk YÖNDEM,

Sebahattin Sönmez and Muaffak Menemencioğlu.

We want to establish an 'Association of Journal-

Ayhan AYDEMİR

ists' in Ankara..."

Secretary General

"Well" says the Governor... "For what purpose?"

Ümit GÜRTUNA Treasurer

Mustafa YOLDAŞ

The founding committee members respond to Governor Tandoğan “In order to gather journalists from media outlets, develop our pro-

Board Members Güray SOYSAL, Ali ŞİMŞEK, Ali ORUÇ, Hande FIRAT,

fessional and social rights, defend rights and freedoms needed by our profession, protect the Re-

Önder YILMAZ, Önder SÜRENKÖK, Yusuf KANLI

public and democracy and stand for the integrity

***

of the nation with all of our members” and add “take our words as a promise.”

This report was prepared by”PRESS FOR FREEDOM/ÖZGÜRLÜK İÇİN BASIN” working group.

Governor Nevzat Tandoğan says “Well” again “May the Homeland benefit from this…” 7

***

journalists see the Governor of Ankara with great-

Expression and Press Freedom National Standing Committee

er enthusiasm this time; “the Association of Journalists” is founded.

President Prof. Dr. Korkmaz ALEMDAR Jurist Member Tuncay ALEMDAROĞLU Senior Journalists Ali ŞİMŞEK and Sedat BOZKURT NGO Representative (Senior Journalist, President of Association of Parliamentary Reporters) Göksel BOZKURT *** Project Coordinator Yusuf KANLI Editor Seva ÜLMAN ERTEN Researchers Naz AKMAN, Yıldız YAZICIOĞLU *** Phone: +90 (312) 427 15 22 Fax: +90 (312) 468 23 84 E-mail: info@gazetecilercemiyeti.org.tr Web: www.gazetecilercemiyeti.org.tr

Address: Üsküp Caddesi (Çevre Sk.) No: 35 Çankaya, Ankara Turkey

With Turkey’s transition to multi-party period, or to put it more clearly, with transition to pluralistic democracy, our Association became a peer and parallel, setting out with this promise, in the ground floor of a humble building at Mithatpaşa Street with Mekki Sait Esen as president, and with a handful of journalists, hardened with professional passion and solidarity, with more than 2000 members enjoyinh financial independence

oradadır” “Wherever there is a journalist, there is al-

ways light” prepared by Cosmic Creative.

port. Mr. Nazmi Bilgin has done the duty of the presidency for the Federation for 12 years in a row.

Our Association is also a member of the Journalists Confederation of Turkey, which was founded later on.

The Turkish Armed Forces Solidarity Foundation In 1995, the Association of Journalists, by carrying out the most comprehensive and the most meaningful campaign in our Republican history "Haydi Türkiye Mehmetçikle Elele" “Hand in hand with Mehmets” (Turkish soldiers) with incredible awareness and trust of our nation transferred donation of 65 million dollars to the "Mehmetçik Foundation". With the donation the foundation founded "Turkish Armed Forces Solidarity Foundation" the founding chairperson of which was the Chief of Staff General İsmail Hakkı Karadayı., As a sign of gratitude, our association was included as the only NGO member of the foundation. The foundation, in which we are represented by President Nazmi Bilgin, created the giant work named "the Turkish Armed Forces Rehabilitation and Care Center" for our veterans.

The center that started to serve in 1999, is a "Monument of Gratitude" towards the Turkish nation's martyrs and veterans.

Our Association, by standing by the State for seventy years since its establishment, became a watchman for the Republic, pluralistic democracy, freedom of expression and press and other freedoms. The Association of Journalists has earned its well-deserved place in our country's professional and other important institutions with the trust it provides.

Press Cards Commission, Press Ad Authority The "Yellow Press Card" which is issued to the novice journalists after they acquire experience for some time is one of the pre-requisites for journalists. The commission reviews criteria such as professional integrity, not whistle blowing, being ethical in line with the press moral code and being only occupied with journalism and which

dia Association of Journalists is represented by its

26, 2016. Red Special Jury Prize was given to “Gazeteciler Cemiyeti - Bir gazeteci neredeyse, aydınlık

to the foundation of the Journalists Federation of Turkey with its material and non-material sup-

izations.

the profession and the Press Ad Authority which still maintains its importance for the Turkish me-

prestigious for advertising industry, was held on May

Our Association, as a result of long-term efforts, gathered Turkey's 75 different Associations of Journalists, being the biggest contributor

until today, it became one of Turkey's oldest, largest and most respected non-governmental organ-

issues "Press Cards" to those who did their time in

Cover photo: Cosmic Creative 13. "Kırmızı Reklam Ödülleri", which is considered as

The Journalists Federation of Turkey, the Journallists Confederation of Turkey

President Nazmi Bilgin. After being a member of the Board of Directors for 18 years straight, the representative of our Association is still a member of General Board.

In the latest election The Association of Journalists President Bilgin is elected to the Press Cards Commission chairmanship once again.

© Association of Journalists Freedom for Press Working Group aims to reach policy makers for a free press by an independent platform that consists of civil society representatives and media workers; raise awareness about freedom of expression and press by exposing the legal situation and ongoing infringements, educate media workers and civil society representatives by organizing workshops and conferences about journalist practices. The contents of this report belongs to Association of Journalists, and may be reproduced in part or in whole, can be used in scientific publications by citing.

Photograph 1- Association of Journalists headquarters and social facility

Freedom of Expression and Press 2016 Report A Publication by the Association of Journalists This report has been produced by the Association of Journalists Press for Freedom Working Group as part of Sivil Düşün EU Programme, with the support of European Union.

The contents of this report are the sole responsibility of Association of Journalists and can in no way be taken to reflect the views of the European Union.

© This report of the Association of Journalists may be reproduced in part or in whole, or used in scientific publications under the condition of citation.

Association of Journalists

Freedom of Expression and Press 2016 Report

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Contents

Presentation ....................................................................................................................................................... 3 Introduction ........................................................................................................................................................ 5 Evaluation ......................................................................................................................................................... 16 Broken lives .................................................................................................................................................................. 23 Massive increase in censorship ........................................................................................................................... 24 Access denial ................................................................................................................................................................ 26

Last words and suggestions ...................................................................................................................... 27 Index ................................................................................................................................................................... 30

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Presentation The Freedom of Expression and Press 2016 Report is the last product of the Association of Journalists' studies since March 2014. The activities started by this project launched within the scope of the EU Civil Society Dialogue Programme have been adopted and executed by the Association today. This effort is an expression of our Association's responsibilities towards our profession and society.

Nowadays, the right to communicate, which is a consequence of long-standing progress, is regarded as indispensable. The contemporary societies which are based on informed decision-making by the public, the right to receive news, and freedom of expression and press, are regarded as a basic right just like the right to life. This right that is expanded to also include social media nowadays, is legally guaranteed and watched by both local and international regulations and conventions. In human rights reports that are published by many countries, and the Reporters Without Borders and Freedom House, Turkey is way lagging behind in theworld rankings on the freedom of expression and press. This situation is upsetting and a sign indicating a need of immediate improvements.

The number of unemployed journalists in Turkey has increased to the unprecedented levels in recent years. The fact that majority of the unemployed journalists are opposing to the political administration, or are fired because of their dissident news or articles, shows that this problem arises because of the pressures of the political administration. The fact that, especially in the recent period, many media organizations are shut down with serious accusations yet without any court ruling, is a situation that narrows the margin of freedom.

The narrowing down of the freedom of expression and press, the journalists' deprivation of their rights to work freely due to political or capital pressure, the fact that pages, screens, news portals and other platforms are closed to our colleagues who either practice their right to criticize or refuse to use news with a certain political view, are the most serious problems today. The narrowing down of thefreedom of expression and press by laws, decrees and accreditation walls makes it impossible for journalists to fulfill their duties and this situation violates the citizens’ right to receive news.

The new laws that are suddenly issued under heavy polarization, limiting democracy, human rights, the freedom of expression and press, further exert pressure over the Turkish press. It is clear that laws that prey on the freedom of expression and press will not help anybody in the long term. Keeping in mind that journalists have a duty to check, in the name of people, the dissident newspapers, TV channels and internet media, intellectuals and columnists who practice their right to criticize must be "tolerated".

One of the most fundamental problems of the Turkish press today is de-unionization and unorganization of journalists. It is certain that without protecting the journalists who have no job security or professional solidarity, who are vulnerable to any kind of pressure under the struggle for his or her children's school payments and monthly installments; it is impossible to protect free journalism.

The journalists who are trying to fulfill their duty of providing free, unbiased, true and timely news, should have job security and should be organized, should not be have to deal with political accusations and should not be left to the mercy of the capital.

Ankara, February 1, 2017

Nazmi Bilgin Association of Journalists President

Yusuf KanlÄą Press for Freedom Working Group Coordinator

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Photograph 2 - The Association of Journalists Press Assembly member we lost in 2016, Mete Akyol. Akyol, who struggled for journalism and rights of journalist until his last days, had started the "Honor" watch in front of Silivri Prison... We are bowing to his memory with respect.

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Introduction The year 2016 was marked by the attempt to coup of July 15. A group that consists of members of land, air and naval forces, have attempted to forcefully seize the country's administration by breaking the chain of command. The Turkish Parliament building was bombed by jets, skirmishes took place in military units, civilians were surefired. 240 citizens lost their lives during the attempt. The call for resistance made by the President and the Prime Minister, the counter stance of the opposition, armed forces members and civilians who refused to participate in the coup, made the coup attempt fail. President Recep Tayyip Erdoğan's and the government's accusation that blames Fethullah Gülen who resides in the US (Pennsylvania) for the planning of the coup and "the Fethullah Gülen Terrorist Organization" (FETO) for the execution of the coup, was publicly accepted.

The attempt to coup of July 15 has also become Turkish nation's examination in protection of democracy and legitimately elected administration. The public's clear protection and ownership of democracy and legitimate political administration and its determination against arms and tanks was also observed in the political realm. The opposition's curse and condemnation against the coup from the first moment, its support to the politically elect authority created an environment of respect to differences, tolerance and an understanding of common faith in democracy, though not long-lasting.

After the failed coup, the Council of Ministers gathered under the leadership of President Recep Tayyip Erdoğan, and declared state of emergency for three months. Some rights and freedoms were limited as a part of the state of emergency that was extended later on twice. The duration of custody was extended to 30 days. With the state of emergency period related executive orders, important arrangements were made in the Turkish Armed Forces (TAF) mainly, and also in judiciary and bureaucracy, and military high schools and Military Cadette Colleges were closed. Decisions were made in order to reform and bring these schools under a new university and to remove the Presidential Guard Regiment and other regiments and garrisons out of the city.

The Turkish Radio Television Regulatory Supreme Council (RTUK) decision to issue a ban on publication of the bombings in Sultanahmet, Istanbul on January 12 was extended by the Istanbul 7th Criminal Court of Peace, including social media coverage and another ban was issued about Kilis bombing of January 18.

Police pressure, accusations against the journalists of JINHA, DIHA, IMCTV and such organizations were featured in media coverage during the protests organized against the curfew that was issued mainly in Diyarbakır and other Southeastern Anatolian provinces.

Legal investigations started about some personnel due to the alleged resistance to security forces, during the process of appointing a trustee to the media organizations owned by Kozaİpek Holding.

In the mean time, the cartoon artist of Sabah newspaper Salih Memecan, the columnists of Habertürk newspaper Fehmi Koru and Ruşen Çakır, Gülay Göktürk from Akşam newspaper , Cem Ceminay from TRT Radio were fired.

The lawsuits on the grounds of insult at the President of Turkey were filed against the columnists such as Hasan Cemal, Koray Çalışkan and Diken reporter Tunca Öğreten and Cumhuriyet newspaper cartoon artist Musa Kart, and İrfan Demirci for its news show on Kanal D. The US Vice President Joe Biden's meeting on January 22 with a group of journalists in İstanbul was criticized by media outlets that are close to the Government.

The "Freedom in the World 2016" report by the Freedom House described the status of freedom "partially free" and the status of press freedom "not free" in Turkey and therefore, it granted a score of "53".

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Access to the news portals such as Demokrat Haber, Sendika.Org and Yüksekova Haber was banned by the Telecommunications Communication Presidency (TIB) decision.

February was restless in terms of both terror and oppression against journalists. After the bomb vehicle attack on January 17 in Ankara, Kızılay, in which 28 people lost their lives, media broadcast ban was imposed immediately.

Judicial procedure was initiated against Cumhuriyet newspaper columnist Özgür Mumcu, Radikal newspaper columnist Cengiz Çandar and Yeniçağ Newspaper Ankara Representative Ahmet Takan on the grounds of insult to the President of the Republic.

Cumhuriyet newspaper terminated the publishing of the articles of Mustafa Balbay; so did Akşam newspaper for Etyen Mahçupyan and Star newspaper for the former President Abdullah Gül and his brother-in-law and previously three-times elect AKP İzmir Deputy Prof.

Mehmet Tekelioğlu.

The indictment against the Cumhuriyet editor-in-chief Can Dündar and Ankara representative Erdem Gül, who were arrested for their report on the NIO rigs, was admitted by the Istanbul 14th Heavy Criminal Court. The request for release by Dündar and Gül were rejected by the Court.

After the Norwegian Posten newspaper Istanbul correspondent Silje Ronning Kampesaeter wrote in her report that she was denied access despite her press card, she was made to leave Turkey because her fiancé was a German citizen of Kurdish origin.

There was a Molotov bomb and gun attack by 11 mask-wearing people against the offices of Yeni Şafak journal in İstanbul Bayrampaşa and Yeni Akit journal in Küçükçekmece in February.

As three Habertürk TV speakers were dismissed from their jobs, some local and central employees from Habertürk journal were also announced to be fired for being re-organizated.

Police oppression and detention operations allegations about DİHA reporters in Southeastern Anatolia were revealed in the media.

The talk-show TV programme ''Beyaz Show'' hosted by Beyazıt Öztürk on Kanal D was removed from broadcasting. (After a long break the programme returned to broadcasting with changes in its format and relayed as recorded broadcast.)

According to Twitter's Transparency Report, which is updated twice a year, it was pointed out that 79% of content removal requests between 2012 and 2015 worldwide came from Turkey.

Anatolian Agency's reporter Rauf Maltaş, cameraman Kenan Yeşilyurt and photojournalist Onur Çoban were released 48 hours after being kidnapped by the PKK terrorists while covering news in Mardin Nusaybin district.

Can Dündar and Erdem Gül from Cumhuriyet were released in the night of February 25 on conditions of further trial without arrest, according the Constitutional Court decision reached within the scope of the right to individual recourse.

At the request of the Chief Public Prosecutor of Ankara, the broadcast of IMC TV was removed on the grounds of it making a terrorist propaganda.

The decision was made that the academicians who were investigated for the reason of signing the "Academics for Peace" declaration should be removed from public service.

In March, while many broadcasts were terminated, the employment contracts of many journalists were cancelled. Meanwhile, the TURKSAT ended the broadcasts of Bengü Türk TV on the grounds of their contract duration ending.

It was decided to appoint a trustee to the Zaman newspaper.

Many of the programmes were removed from broadcast while Mirgün Cabas was dismissed from CNNTurk. Star newspaper dismissed the columnist Hasan Öztürk. Sanem Altan from Vatan newspaper and Fehim Taştekin from Hurriyet newspaper were dismissed from their

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jobs. NTV Spor channel dismissed more than 20 people including the administrative staff on the grounds of ''downsizing''. Dismissals also continued this month from Ciner Media Group Habertürk newspaper and Habertürk TV channel.

Litigations on charges of insult at the President of the Republic against the Zaman columnist Ekrem Dumanlı were initiated. Bülent Keneş, the former editor-in-chief of Today's Zaman newspaper, was sentenced to two years and seven months of imprisonment on charges of allegedly insulting at President Recep Tayyip Erdogan in social networking site through Twitter messages.

BirGün newspaper Editorial Consultant and columnist Barış Ince was sentenced to 21months’ imprisonment on the grounds of insulting at the President of Republic. Yellow press cards of the journalists working for Özgür Gündem newspaper were cancelled.

Der Spiegel magazine in Germany reported that they had to withdraw their Istanbul reporter Hasnain Kazım on the grounds that his press card was not renewed.

Photograph 3 - Amnesty International 2016 report accused leaders of Turkey, United States, Hungary, India and the Philippines of using a polarizing language and stressed that as a consequence this societies were producing “scape goats”.

As the allegations broke out about the fact that the class teachers raped the children that stay in houses rented by people close to the Public Prosecutor of Karaman, the Ensar Foundation and Karaman Imam Hatip Clergy School, Imam Hatip Clergy High School Graduates and the Members Association, the ban on news broadcast about the issue sparked a controversy in the society.

Doğan Media Group closed the website of its Radikal newspaper, which was once closed in June 2014, radikal.com.tr on March 22 for economic reasons. The columnist staff, including Altan Öymen, Tarhan Erdem, Cengiz Çandar, Ezgi Başaran, Ümit Kıvanç and Oral Çalışlar were dismissed from their jobs.

The Press Ad Authority imposed an 18-day long ad reductions penalty to the Cumhuriyet newspaper for publishing the photograph of the prosecutor Selim Kiraz, who was taken hostage and killed by two DHKP-C terrorists in the Istanbul Caglayan Courthouse, and publishing the cover of the Charlie Hebdo humor magazine and for 28 February 2013 dated article of journalist Cüneyt Arcayürek.

The JINHA reporter Beritan Canözer was released on March 29 after being arrested for

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being ''excited'' during the news feed on 16 August 2015 and on the grounds of his social media shares.

A trustee was appointed to the Cihan News Agency .

April was a month to remember with pressures against media and many journalists lost their jobs. The Hani Court of Peace ruled a broadcast ban on the bomb attack in Diyarbakır Hani district on April, 11 where a soldier lost his life.

While the arrest warrants regarding the media employees within the scope of FETO/YPG investigations conducted by Chief Public Procesutor of Istanbul, continued, the Presidency of Telecommunication and Communication went on to bar access to organizations such as DİHA, soL news portal without slowing down.

In Southeastern Anatolia, it was observed that there were some custody and arrest processes against employees in some media organizations, particularly DIHA. Journalists Nedim Şener, Ahmet Şık, Soner Yalçın, Prof. Yalçın Küçük and former Police Commisioner Hanefi Avcı and 8 more people were put on trial in Odatv case at the Istanbul Heavy Criminal Court.

Syrian journalist Muhammed Zahir el Şerkat, who was seriously injured in an attack claimed by the DEASH in Gaziantep, lost his life in the hospital The Ottoman Language instructor in Mimar Sinan University of Fine Art Ass. Prof. Esra Keskinkılıç informed through photos that the Anti-Terror Branch Directorate put tens of students in custody during operations at their residences. Regarding this incident, the Presidency of Telecommunication and Communication imposed an access ban to the news in Haber Sol, Hürriyet, BirGün, Sendika.org, Odatv, Evrensel, Bianet, Zete, Cumhuriyet, Gerçekgündem and Diken.

Angela Merkal, the Chancellor of Germany stated that an investigation would be started against the comedian Jan Böhmermann for his insulting poem about President Recep Tayyip Erdoğan, upon the request of Turkey. Following the court ruling, Böhmermann announced that he would have a ''short'' break on his publications.

The TIB began to ban access to the website of the current Russian-based Sputnik News Agency, formerly known as Russia's Voice.

Volker Schwenck, a journalist for the German State Television SWR channel, and Tural Kerimov, the General Manager of the Russian state news agency Sputnik, were denied access to Turkey after the passport control at the airport. Freelance journalist and writer David Lepeska announced in his Twitter account that he was denied access to Turkey.

Sabah newspaper columnist Emre Aköz announced on his Twitter message that he was made to take a compulsory leave by the newspaper for 400 days.

In the 2016 report of the Reporters Without Borders (RSF), Turkey ranked 151st out of 180 countries, in terms of freedom of press.

The Dutch columnist Ebru Umar of Turkish origin was taken into custody in Kuşadası on the grounds that she "insulted at President Recep Tayyip Erdogan".

In the Charlie Hebdo decision on April 28, two years' imprisonment was imposed separately for the charges against the columnists of Cumhuriyet newspaper Hikmet Çetinkaya and Ceyda Karan for "publicly incited hatred and hostility". In the meantime, there was a collective redundancy in the trustees appointed to media outlets.

May 2016 formed a scene where politically critical turning points were passed. After the announcement of Recep Tayyip Erdoğan about changing the Presidential System through a Constitutional amendment, there was a change in leadership and government at the AKP. Prime-minister Ahmet Davutoglu met with President Recep Tayyip Erdogan on May 4, after the AKP Central Decision and the Executive Board (MKYK) meeting, where restrictions were imposed on presidential powers of the political party. Then, stating that on ''his own request'',

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Davutoğlu resigned, and in his stead, on May 22 at AKP 2nd Extraordinary Congress, Binali Yıldırım became the third leader of the AKP as the only candidate at party elections. Yıldırım did change the Deputy Prime Minister, the Minister of the Family, the Minister of the EU Affairs, the Minister of Environment and Urbanism and the Minister of the Economy, the Minister of Development, the Minister of Culture and Tourism and the Minister of Health in the cabinet he established as the fourth prime minister during the AKP government.

The change of chairperson was on the agenda of the Nationalist Movement Party (MHP), too. Intraparty opposition led by Meral Akşener, Koray Aydın, Sinan Oğan and Ümit Özdağ, started a congress process with the decisions of the Ankara 12th Court of Peace and the Court of Cassation. However, the MHP leader Devlet Bahçeli and his team prevented that, with the rulings of Tosya and Germenek civil courts of general jurisdiction. The opposition side protested such a prevention of the MHP Congress in order to change the leader of MHP. Thus, they held meetings of demonstration nature. After that, the 18th Chamber of the Court of Cassation, approved for the holding of the Congress, upon its ruling of 24 May. Therefore, the Congress disputes continued whole month at MHP. There was a broadcast ban regarding the terror attack with a bombed vehicle on May 1 in front of the Gaziantep Police Department .

General Manager of the Turkish Radio Television Şenol Göka imposed an ''access ban to TRT'' to the former director of TRT News and Sport Department, Nasuhi Güngör. Güngor was stated to be dismissed from his job after saying ''AKP cannot continue with Davutoğlu'' on a TV programme.

CNNTurk interrupted the live broadcast after DISK President Kani Beko said ''go to hell with you and your palace'' to the President Recep Tayyip Erdoğan in his live speech at May 1 celebrations.

In the case of NIO RIGS, Cumhuriyet editor-in-chief Can Dündar was sentenced to five years and ten month for ''military and political espionage'' charges. Dündar and Ankara Representative Erdem Gül went on to be tried for other charges. Meanwhile, a person called Murat Ş. attempted to assassinate Can Dündar with a gun. The assault was prevented with the interventions of Can's wife Dilek Dündar and CHP Member of Parliament Muharrem Erkek. NTV Reporter Yağız Şenkal was slightly injured during the attack. The Association of Journalists President Nazmi Bilgin condemned the imprisonment sentences ruled for Dündar and Gül as well as the assault engaged against Dündar.

Author Murat Belge, for the reason of the insult at the President Recep Tayyip Erdoğan, said: ''I am now a member of one of Turkey's most crowded clubs: The Club of Tayyip Erdoğan Insulters." The judicial proceeding was initiated on the charges of "insulting at the President" against Zaman's former columnist Mumtaz'er Türköne, HDP Istanbul former deputy Turgut Öker, theater actor and soL portal columnist Orhan Aydın, director Mustafa Altıoklar and many citizens. Meanwhile, the model Merve Büyüksaraç was sentenced to one year, two months and 17 days of imprisonment for the same grounds.

The website of Dicle News Agency was blocked 37 times by the Presidency of Telecommunication and Communication since 24 July 2015.

President Erdogan took legal action against Mathias Döpfner who was Chief Executive Officer of the Axel Springer which is one of the media groups in Germany.

Beritan Canözer, JINHA reporter who was released after kept in prison for months since she was "seen excited" while she was following protesters to record, is sentenced to imprisonment for a year and three months as a result of the pending case.

Yeni Yüzyıl decided to end its press life on May 14.

Regarding the journalists and writers, Ertuğrul Mavioğlu, Faruk Eren, Ayşe Düzkan, Mustafa Sönmez, Melda Onur, Celal Başlangıç, Fehim Işık and Eşber Yağmurdereli who supported "Guard Chief-Editorship" campaign which was started so as to show solidarity with

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Özgür Gündem newspaper, an investigation was launched due to the news covered in the newspaper. Judicial proceedings against editors-in-chied of Özgür Gündem newspaper started.

Sputnik, Russian news agency, announced that an appeal to Constitutional Court would be initiated as of May 24, against a blocking on their website in Turkey.

According to data from Engelliweb.com website, at least 209 websites were blocked throughout May. 51st Presidents Council of the Turkish Journalists Federation proclaimes that the Press Cards Commission founded with the last amendment to the Regulation on Press Cards, is "antidemocratic" and "away from representing the sector".

The President of the European Parliament, Martin Schulz, said that Turkey moved away from the European values at a "breathtaking speed" and is on the way of being an one-man regime. Between Turkey and the EU, period of tense dialogues began.

Because of the explosions that occurred in Istanbul and Mardin in June, terror attacks made a mark in that month. In the attack made with an bomb-laden vehicle on June 7 in Istanbul Vezneciler, 13 people lost their lives. In addition, 45 people died and 236 people were injured during the terrorist attack committed by three suicide bombers on June 28 at Atatürk Airport. During the attack against the security directorate building on June 8 in Mardin-Midyat, two policemen became martyr. Right after these incidents, broadcast bans were imposed by RTUK (Radio and Television Regulatory Supreme Council). BTK (Information and Communication Technologies Authority) also blocked Facebook, Twitter and Youtube.

As a result of the practices actions by the Ministry of National Education throughout Turkey, high school students and parents showed their discontent by protests.

In accordance with the results of the referendum which was conducted in the UK towards the end of the month, the decision to exit the European Union was taken. Although the decision did not create a big effect over Turkey, it brought about discussions on the future of the EU in some circles. Being in the country to follow the developments on the attack that aimed at security directorate in Midyat, BBC Turkish reporter Hatice Kamer, AFP reporter Mahmut Bozarslan and freelance journalist Sertaç Kayar were attacked with stones by a group.

The President of the Association of the Journalists, Nazmi Bilgin, condemning the event, pointed out that a lynch should not be allowed.

In the bill of indictment prepared for the ongoing investigation regarding Taraf newspaper, within the scope of "Conspiracy to create a Sledgehammer Case", Tuncay Opçin, Ahmet Altan, Yasemin Çongar and Yıldıray Oğur were accused.

Governor of Gaziantep, Ali Yerlikaya, asked the journalists in the province to submit the news coverage regarding the DEASH attacks they make first to the governorship surveillance.

The Governor justifying the decline in the number of the tourists, instructed that the news woul be approved by himself first.

Prosecution was initiated against journalists Hasan Cemal, Merdan Yanardağ, Retired Rear Admiral Türker Ertürk, model Merve Büyüksaraç, on the grounds of "offense of libel against president".

Out of 44 people who participated in the Özgür Gündem newspaper Guard ChiefEditorship campaign, a prosecution was brought against 37 of them, with the claim of "organization propaganda". Within this framework, journalist columnist Ahmet Nesin, the President of the Turkey Human Rights Foundation Prof. Rasime Şebnem Korur and the representative of Turkey of Reporters Without Borders (RSF) Erol Önderoğlu were arrested. On June 30, Korur and Önder were released.

Violations of freedom of expression in Turkey such as arrest of journalists and seizures of media organizations were brought to the attention of the UN by the joint initiative of PEN International, Committee to Protect Journalists (CPJ), International Press Institute (IPI), Reporters Without Borders (RSF) and World Association of Newspapers and News Publishers.

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Photograph 4 - In the 2016 report of the Freedom House Turkey was listed among countries whose media was “not free”. At the same time Turkey was presented as one of the countries where press freedom regressed most. In the Freedom House press media index together with Angola, Central African Republic, Iraq and Oman Turkey was placed 156th among 199 countries.

Demonstrators who wanted to come together for LGBTI+ Pride March and release a press statement that were planned to be made on June 26 in Istanbul, were assaulted by the police. While seven persons from the Pride Week Committee who negotiated with the police were detained, among them there were also German Federal Congressman Volker Beck and the Member of the European Parliament Terry Reintke. Afterwards, all of the detainees were released.

The Ambassador the European Union Delegation to Turkey, Excellency Hansjörg Haber resigned.

Turkey report which was prepared by the Dutch member of the European Parliament Kati Piri, was returned and not put into consideration, by the EU Permanent Representative of Turkey Ambassador Selim Yenel.

Military coup attempt which was realized at Friday night of July 15, left its mark on the latest news of July and 2016. A group that consists of members of land, air and naval forces, have attempted to forcefully seize the country's administration by breaking the chain of command. Parliamentary building was bombed, skirmishes took place in military units, civilians were surefired. 240 citizens lost their lives during the attempt. The claims that the coup attempt was planned by Fethullah Gülen who lives in the USA, and was executed by "Gülen terrorist organization" (FETO), has been generally accepted by the society. At the night of the coup, opposition parties gave democracy-protecting messages under the roof of the Grand National Assembly of Turkey, as of the first moment of the event. The Council of Ministers who gathered under the leadership of President Recep Tayyip Erdoğan, declared a state of emergency for three months as of July 21. While some of fundamental rights and freedoms were restricted, detention period was extended to 30 days with the declaration of state of emergency. The onset of death penalty controversy after initiation of the state of emergency, has caused a tension in the relations with the EU. With the invitation of the President; AKP, CHP and MHP leaders gathered in the Presidential Palace in order to strengthen the cooperation between the government and the opposition parties, while HDP was not included into this process.

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In July, court warrant for 103 journalists were issued, 46 journalists were either detained or arrested. Meanwhile, three news agency, 16 television, 45 newspaper, 23 radio, 15 magazine, 29 publishers, a distribution company and 35 healthcare organizations, 934 schools, 109 dormitories, 104 foundations, 1125 associations, 15 universities and 19 unions were closed down. The number of journalists in prison climbed to nearly 70 again in July after a long term.

In July, a total of 497 censorships took place, out of which 469 were access bans and 28 were broadcasting bans. The number of blocked websites in 2016, climbed up to 1709 in July.

The number of cumulative blocked websites in the term of 2014-2016, reached 66821 while the number of cumulative access barred websites in the period of 2012-2016 reached 106,696.

While in a short period of time, dismissal decisions for public officers were issued; 15 universities and more than one thousand private middle and high schools as well as a total of 2,341 institutions, out of which 1,125 were the associations and the foundations that were closed with a decree law within the framework of the state of emergency.

The Council of Higher Education (YÖK) declared that a State of Emergency Commission was assembled under the Council and actions were taken against 2239 academics.

The Presidency of Telecommunication and Communication (TIB) banned access to Wikileaks when it released AKP e-mails after it had declared that it would release documents about Turkish politics.

Ahmet Nesin who had been arrested for being involved into the campaign of the “Guard Chief-Editor of Özgür Gündem newspaper”, was released on July 1.

While developments within the scope of State of Emergency continued in August, investigation and legal actions against many journalists were launched. Throughout the month, decisions to arrest or detain 120 journalists were issued. It was claimed that many journalists about whom there was an issued warrant fled to abroad. In August, the number of journalists jailed exceeded 90. While the suspended press cards of 330 journalists were revoked or personal passports of many journalists were decided to be seized at their departures from or entries to Turkey. During an operation conducted at the TRT, 42 personnel were also detained.

In August, a total of 783 censorships went into act. While 682 of these, were in form of access bans, 100 were broadcasting bans and one was related to accreditation.

The number of cumulative access ban applied websites reached 2391 in August 2016.

Spanish journalist Beatriz Yubero who was a doctorate student in Ankara University and was writing a thesis on DEASH was taken into custody at her home in the aftermath of the coup attempt, and deported. Journalist Can Dündar, left the task of Chief-Editorship of Cumhuriyet newspaper which he had undertaken during previous year. Özgur Gündem newspaper Istanbul Bureau was raided on August 16 and the newspaper was shut down. Author Aslı Erdoğan was taken into custody upon a raid at her home on August 17, due to being a Broadcast Advisory Member for the paper and was arrested on August 19.

While Chief Editor Zana Kaya and Editor-in-chief İnan Kızılkaya were arrested, the arrest of Necmiye Alpay for being a Broadcast Advisory Member was demanded on August 31.

In September, it was observed that investigation, detention, arrest and legal processes for journalists from various media organizations were continued.

Within the scope of FETO/PYD investigation related suspensions from duty, concurrent operations, expulsions, detentions and arrests for public officials underwent increasingly. Within the framework of the same investigation, appointing trustees and assets confiscation related operations to some companies, continued.

The General Directorate of Press and Information totally revoked the suspended yellow press cards of 115 journalists amongst whom there were Nazlı Ilıcak, Ergun Babahan, on the grounds of connection with FETO/PYD terrorist organization. It was recorded that the number of the revoked press cards reached 620.

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While Some tv and radio channels were shut down or banned within the scope of the State of Emergency, various internet addresses were banned too.

In the case of "Sledgehammer conspiracy" trials of Taraf Newspaper, the former editorin-chief Ahmet Altan, former deputy editor-in-chief Yasemin Çongar, Yıldıray Oğur and Mehmet Baransu followed, and animprisonment up to a total of 52 years and six months against them was demanded by the Prosecutor. The court ruled that Baransu shall remain under arrest and other defendants shall be excluded from the case. Author Aslı Erdoğan's objection against her arrest was overruled.

Diyarbakır main office of Azadiya Welat, a daily Kurdish newspaper in Turkey was raided and 2 newspaper employees were arrested afterwards.

Following 15 July, President Erdogan announced that he would withdraw charges of insult against journalists Ertuğrul Özkök and Cengiz Çandar and the case was dropped.

Deutsche Welle, a German media organ announced that the recordings of the Conflict Zone program, which included an interview between the Turkish Minister of Youth and Sports Akif Çağatay Kılıç and Michael Friendman were confiscated by the Ministry in Ankara. DW General Director Peter Limbourg stated that "this is another obvious violation of freedom of press in Turkey" and requested that the video recordings should be submitted.

Political and social opposition and foreign professional organizations highlighted that prison conditions were worsening increasingly under the State of Emergency and violations of rights especially towards women were on the rise. The CHP declared that after the coup attempt three thousand people who claimed to be the victims of the practices of the State of Emergency applied to them.

Journalist Ahmet Altan and his brother, Prof. Mehmet Altan, were detained within the scope of the State of Emergency investigation, and reason for detention was declared as giving (subliminal) messages like a coup could be staged on the day before the attempt to coup. So, an arrest warrant was issued for Ahmet Altan.

The hacker team RedHack declared that they hacked Gmail, Yahoo and iCloud accounts of the Minister of Energy and Natural Resources Berat Albayrak. Thereupon, access to the mentioned news and to some websites was banned. The CEO of the Doğan Press Group Mehmet Ali Yalçındağ, whose leaked correspondence with Albayrak caused a controversy, and he stepped down from his office.

It is stated that 41 lecturers out of 346 were the ones that signed the notice of ‘’Academicians for Peace’’ who were expelled with the current decree-in-force of law, on account of the fact that they were in contact with FETO. While MHP opposition within the party continued discussions, Meral Akşener was expelled.

The duration of the State of Emergency declared on July 21 was extended to three months on July 21.

Within the scope of the State of Emergency, violation of rights and the legal process continued against media outlets and journalists involved into the organizations within the framework of the decisions regarding the closure of the TV channels, radios, and newspapers. 18 administrators of the newspaper Cumhuriyet were decided to be taken into custody. Media outlets, as well as Shiite organizations, launched a signature campaign.

The European Parliament approved the bill that demanded the "release the Journalists", which addresses to the Turkish Government asking not to use the July 15 coup attempt as a pretexte for imprisoning further journalists in Turkey.

The Turkish Journalists Confederation which features seven federations and 82 professional organizations’ representatives issued a declaration saying that the "Turkish media, on July 15, proved that the the difficulties would be resolved as soon as possible and now what was

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happening to the media was important, in terms of our democracy".

In the case of a prosecution within the scope of ''Counter-terrorism Act'', it is decided that right to take the official announcement is stopped until the conclusion of the case. Professional organizations objected to the decision, since it was unconstitutional.

The number of cases litigated on grounds of insult at the President of Turkey continued to increase in October 2016.

The legal proceedings, arrests and reactions also continued in this period against the political parties such as HDP, DTK and DBP.

Photograph 5 - In its 2016 report Human Rights Watch complained that over the past two years “attacks on critical reporting were deepening” and after the failed attempted coup such attacks were particularly aggravated.

In October, the ban of access was put on 23 videos shared on Youtube. A ban of access was placed on 68 news coverage. Access was denied to 413 IP addresses across Turkey as well as four news portals and Google Driveand Dropbox.

German judiciary declared a nonsuit for the comedian, Jan Böhmermann, against whom a prosecution was initiated due to his insult at President Recep Tayyip Erdoğan.

RTUK also censored content on ''gay'' and ''sex'' in TV channels coverage.

Meanwhile President Recep Tayyip Erdoğan withdrew his insult charges aagainst the leader of CHP Kemal Kılıçdaroğlu after the coup attempt whereas his son Bilal Erdoğan did not withdraw his charge.

In November 2016, the number of journalists in prison increased to 144 as a result of the arrest of 9 journalists who were top managers or columnists of Cumhuriyet newspaper.

In a statement to a foreign media organization, President Recep Tayyip Erdoğan stated that "no one has been arrested in Turkey for being a journalist. This country is governed by the rule of law."

In November 2016, access to 37 videos on YouTube and 107 news stories on websites were blocked. 205 IP addresses were blocked throught Turkey, 4 of which were news websites.

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Some of the blocked websites continued their journalistic activities on different IP addresses. A directive sent by Information and Communication Technologies Authority to operators, requested that VPN providers, including Tor Project, VPN Master, Hotspot Shield VPN, Psiphon and Zenmate VPN to be shut down.

With a decree law, 1988 personnel from the TAF (Turkish Armed Forces) and 7586 personnel from the Security General Directorate (Turkish National Police) were suspended, along with 5434 public servants. 157 personnel who were previously dismissed from state institutions and organizations were reinstated. 550 associations, nine media outlets and 19 private health insitutions were closed.

A total of 3850 academicians were dismissed, 1346 of them in September, 1262 in October and 242 in late 2016.

The operations related to the investigations of the FETO and the PKK-PYD continued throughout the country.

Nine Members of Parliament, including HDP co-leaders Selahattin Demirtaş and Figen Yüksekdağ were accused for "calling people to the streets" during the incidents of October 6 – 8, 2016.

Mayor of Mardin Ahmet Türk and similarly many more mayors from Southeastern Anatolia Region were arrested or detained. Some mayors were able to get permission to travel abroad.

French journalist Olivier Bertrand, along with the Turkish citizen photo journalist was deported after being detained. Voice of America reporter Khajijan Farqin was also detained.

Live broadcast was stopped while CHP Chairman Kemal Kılıçdaroğlu was speaking during the group meeting at the Turkish Grand National Assembly. Parliament TV explained that it was due to a technical problem.

Regarding the latest events, the Association of Journalists President Nazmi Bilgin, said that "we are deeply concerned about Turkey and Turkish media's future. We should not have been exposed to allegations of cooperation with a terrorist organization while working with Cumhuriyet newspaper, as a gift at the 93rd Anniversary of the Turkish Republic". At the same time, the political parties such as German Christian Unity Party and media organizations such as Financial Times, Independent, Guardian, The Economist, Wall Street Journal reacted to the events related to Cumhuriyet newspaper.

The US Secretary of State and the German Chancellor Angela Merkel also stated a concern about these events.

Arguments broke out between President Recep Tayyip Erdoğan and the President of the European Parliament Martin Schulz who criticized Turkey.

The EU Commission Chairman Jean Claude Juncker requested Turkey to reevaluate her stance towards the European Union. The EU Turkey 2016 Progress Report featured harsh criticisms. Soon after, the EP approved the decision of temporarily discontinuing negotiations with Turkey. Erdoğan reacted that "the decision does not apply to us, it does not count for anything".

In December 2016, as part of the FETO/PYD investigation, Doğan Holding Ankara Representative Barbaros Muratoğlu was detained, with the accusation of "operating as a media component of the terrorist organization and being a member of the FETO/PYD".

Hüsnü Mahalli, a Syrian journalist who resides in Turkey, and journalist Ahmet Şık were arrested due to their social media activities. Similarly, due to the state of emergency, journalists who work in Istanbul, Elazıg, Batman and those who work for DIHABER, Diken and ETHA were detained.

Diyarbakır Office of Chief Public Prosecutor, requested 82 years of punishment for Vice News reporters Philip Gingell Hanrahan and Philip John Pendlebury who went to regional cities that are in curfew to shoot a documentary.

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The Turkish Association of Journalists (TAJ), in its 2016 report, stated that the number of unemployed journalists exceeded 10,000 and press cards of 780 journalists were revoked and 144 journalists welcomed the new year in prison.

In the report of Reporters Without Borders, it was stated that the number of incarcerated journalists worldwide broke records, due to the incidents in Turkey.

35 TRT employees out of 68 about whom a warrant was issued due to the usage of "ByLock" phone app and based in 12 provinces including Ankara, were detained.

Cumhuriyet lawyers applied to the Constitutional Court on behalf of ten journalista and administrators who were arrested, with the reason of violation of 'the individual security and freedom', 'incorrect use of limitations'. At the same time, the tea serving man at Cumhuriyet newspaper was arrested with the charge of 'insulting at the president' due to his words, 'I would not serve tea to President Recep Tayyip Erdoğan".

Professional organizations reacted to the Justice Minister Bekir Bozdağ's statement about three yellow press card owners in Turkish prisons. The organizations reminded that the cards has already been revoked, prior to the arrests.

CHP Leader Kemal Kılıçdaroğlu stated, "they made Turkey a semi-open prison".

The RTUK issued a publication limitation after the assassination of the Russian Ambassador to Ankara Andrey Karlov. The Association President Nazmi Bilgin said, "though it is good that the leaders and governments of both countries were not provocated, the situation was really serious".

The United Nations Special Rapporteur on Torture Nils Melzer said that "the executive orders that increase the duration of detention to 30 days without judicial inspection and that does not allow the detained people to talk to their lawyers during the first 5 days, are worrying".

As part of investigation, arrest and litigation about HDP members, the Group Deputy Chairman Çağlar Demirel and Siirt MP Besime Konca were arrested.

The Constitutional Court Chairman Zühtü Arslan, stated that from December onwards 'the number of applications related to human rights violations reached 80,000 and 60,000 of them are made, after the coup attempt of July 15'.

Real estates, vehicles, bank accounts belonging to 54 journalists that were decided to be investigated, including Şahin Alpay, Hilmi Yavuz, Ekrem Dumanlı and Bülent Keneş and they were decided to be seized as a part of the state of emergency.

Release orders were issued about journalists Aslı Erdoğan, Necmiye Alpay and Zana Bilir Kaya in December 2016.

The Turkish Ministry of Interior announced that the activities of 94 foundations were suspended due to various reasons.

Evaluation Turkey had to face various terrorist organizations and attacks with casualties as well as a failed coup attempt, the most important threat in 2016. With the bombings of the Turkish Grand National Assembly and Presidential Residence and Headquarters in Ankara and the loss of 246 citizens created a serious trauma in the public. The coup attempt also showed that Fethullah Gulen's Order infiltrated into the state organizations, and the possibility for another coup became the reason for the government's emphasis on security measures.

The problems about freedom of expression and press were already being discussed, however, the state of emergency (OHAL) that was declared after the coup attempt introduced new limitations to the rights and freedoms and new problems.

The coup attempt of July 15, is very different than the previous military interventions in the history of Turkey. The event was an attempt to seize the state by utilizing the elements in

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armed forces, by the groups who infiltrated into all state organizations and institutions with religion, as their reference point. With the resistance from the armed forces members who are loyal to their state, with the people's resistance by going out to the streets, and the interventions of loyal groups within the police and the military, a disaster that could potentially drag Turkey to a civil war, was prevented. It is needed to prevent similar attempts and similar infiltrations into the state that could happen in the future by calmly analyzing this coup attempt with all of its dimensions and consequences.

In order to prevent similar attempts, it is important to analyze how the leader or even mahdi of groups who attempted the coup, Fethullah Gülen, achieved his endavours to create such an organization. How did Gülen, who was raised at a Sunni Islam Saidi Nursi school as a preacher in a mosque in İzmir in 1970s and who was a primary school graduate, unconditionally dominate and control the top-level state employees (professors, high judges, generals, undersecretaries, governors etc.) and businessmen known as "Anatolian tigers", industrial and trade organizations?

During the investigations, those who attempted the coup clearly stated that they were residing in Fethullah Gülen dormitories since their childhood, studying his courses at his schools, and after this dominating school life, they were employed in various state organs, and from 2000 onwards, they were organized in state posts, especially in the judiciary, the security and armed forces.

The sweeping of the reports that once pointed at the infiltrating structure of the Fethullah Gülen's organization into state bodies, under the mat, the drop off of the investigations and lawsuits by the Prosecutors who were close to him, the litigations and arrests with fabricated claims against the journalists and authors who wrote articles and books about Gülenist movement, the purge of the armed forces members via now-admitted fake claims such as Ergenekon, Balyoz (the Sledgehammer), Military espionage and prostitution showed AKP's attitude towards the Gülenist movement. Of coursei, an organization within state bodies like this, would be impossible without the political administrations, closing their eyes at such reports.

However, the self-criticisms made by the political administration in the light of recent developments was important. The President, the Prime Minister and AKP senior administrators admitted a widely known truth that they supported Fethullah Gülen for years. They assumed the responsibility of apologizing to the public as they were responsible for the developments, and as they were unable to predict this kind of an escalation.

As a partner of the US, as part of the Greater Middle East Initiative (BOP), AKP did not hesitate to point at the responsibility of the USA in these events and incidences. The Government that does not agree with the US in the subjects of PYD in Syria, and Fethullah Gülen in the USA, stated this clearly. Former Chief of Staff İlker Başbuğ also commented about how the coup attempt was planned by the CIA.1 As it was not possible to cleanse the State from this organization, it trapped the State and the public through a spider web and it attempted to form an alternative State and societal order, based on their own religious beliefs, by using ordinary measures and a State of Emergency (OHAL) declared using the Constitution's 119/2 by-law in the past. With the Constitution's 121/3 by-law statement "During the state of emergency, the Council of Ministers that is led by the President, can issue executive orders on the matters necessitated by the state of emergency", executive orders (KHK) were issued in order to purge the ones who were affiliated with "FETO organization". The fact that the executive orders are issued within the allowance of the Constitution necessitates the legitimacy of the executive orders and the consequential applications.

1

http://www.cnnturk.com/turkiye/ilker-basbug-15-temmuzu-bir-askeri-darbe-olarak-degerlendirmiyorum

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This necessitates dismissals and detentions as well as arrests, to be backed up by concrete evidence. However, the developments show that this necessity is not always fulfilled.

We also find it beneficial to emphasize the impossibility of the request to bring the capital punishment back, which was made by some people because of the shock of the coup, even if the related Constitutional provisions were amended, due to Article 38 and 90 of the ECHR. At this point, the Government declaration that it does not plan to bring capital punishment back, is accurate.

The attitude of the EU and the USA, the advocates of human rights and freedoms, allies of Turkey, against the coup attempt that was made by "Fethullah Gülen terrorist organization" that targets Turkey's democratic, secular nature with the intent of replacing the system according to its own understanding of the religion, is ambivalent and in a wait-and-see kind of nature; this attitude affects Turkish citizens’ feelings towards the mentioned nations negatively. The mentioned states may be having problems with the current administration in Turkey. A large portion of Turkey also criticizes the administration, in terms of basic rights and freedoms, freedom of expression and press. This report also includes these criticisms and doings that are contrary to the freedom of expression of the press. However, no problem with the current administration justifies staying silent, in front of a coup attempt by the terrorist organization that is led by Fethullah Gülen, who was raised in Sunni Islam Saidi Nursi school, understanding of religion and that aimed at removing the current democratic order in Turkey in order to push the country towards the edge of a civil war. Because of these reasons, even those who are opposing the current administration stood against the coup attempt in solidarity and unity. The democracy watches that lasted for days also prove this determination.

The existing situation should also be evaluated from the media viewpoint. The first issue that draws attention is the fact that the low number of senior journalists who are observing the developments. The pro-government media organizations have turned a blind eye on the developments. After the detention or arrest of the supporters of the Fethullah Gülen movement, there are no journalists left who understand, research and comment on the events. Unlike before, they distinguish right from wrong depending on the President. The President in his statement admitted that he was also responsible from the incidents and he asked his nation to pardon him and his apology goes unseen by his supporters in media. One of the most important factors that brought the country to the current situation is the media's corruption of submission to the political administration or to a religious order without questioning.

The fact that media continues to cover that the administration, even after the attempt, brought the country to the verge of civil war, is thought provoking. The press should have first self-criticized, and asked why it could not function to warn the political authority about the developments. Apparently, even AKP founder, former-Minister of Justice, former-Chairman of the Turkish Grand National Assembly, Cemil Çiçek's statement2 about how the political institution was 90% responsible about the developments, is not enough for the media to open their eyes.

It is clear that non pro-government media outlets' inability to resist against the pressure from the government, the firings of journalists lowered the number of the competent policecourthouse reporters. Attempting to employ a "pool system", our media, which try to compensate for the increasing costs by limiting numbers of reporters, have no reporter left who was able to correctly evaluate the developments in public institutions such as armed forces, national education, police, courthouse. Our private TV channels, which are told to be changing the course of events, featured persons who had been involved in Fethullah Gülen movement for

2

http://odatv.com/bizim-gunahimiz-yuzde-90-1308161200.html

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many years, then regretted and quit, as experts; since there were no reporters available with sufficient experience. Turkish public needs journalists who make television programmes which show, describe and clarify the developments. It cannot be said that programmes in which there are debates that last for hours meet that need. Keeping the wise pressman who is capable of carrying out significant and important duties away from the sector is huge loss.3 It was likely that July 15 coup attempt would lead to unpredictable results. Enormousn extent of the danger entailed the extension of measures and precautions. But should these measures related to media be taken in the ways such as closure, banning, pulling out of the shelf, putting under custody or arrestment? No matter how desperate developments are, measures should be in accordance with laws in democratic societies. Its simplest reason is not to create new problems or sufferers beside not completely ignoring the globally admitted values . How will the feeling of ''being deceived'' be eliminated in the meantime? Certainly nobody can think that the people who deceived and misled the society by sponging on public funding for years will go unpunished or enjoy impunity, under the umbrella of ''freedom of press''. Besides, restricting their freedom and uneven behaviours toward the members of press,who have no occupation except for journalism,just because of the organizations they work for, cannot be approved.

Eradication of terrorists from government agencies was aimed at during 3-month long state of emergency declared on 20 July 2016 and was extended twice for 3-months on 19 October 2016 and 3 January 2017, but it has been argued that this limited4 power has been used to rebuild the shape of state and to provide structural changes which can be done by only laws and Constitution. Tens of thousand of people have been laid off from public service by either directly with the decrees in-force-of law or their occupational licenses have been cancelled or revoked. So, private education and healthcare institutions, media corporations, foundations and associations have been closed and trustees have been appointed to the tens of municipalities and there have been permanent changes in so many laws.5 With the security problems posed by the ''Syrian refugees'' in Turkey, which is described as the biggest refugee problem after the WW2,there has been severe increase in terrorist attacks. The ISIS, known as DAESH in Arabic, PKK and DHKP-C terrorist attacks are standing out as horrifying examples of increasing terror.

Turkish public's dilemma between coping with terrorist attacks against democratic institutions and improving its freedom of expression as well as protecting it, is the simplest summary of the year 2016, in a nutshell. Turkey's restriction within the scope of 15/3 clause of the ECHR should be justified as a requirement for public safety and confronting conflicts.

Thus, similar exceptional human rights restrictions are implemented in France where a state of emergency was declared. But the source of apprehension is not either declaration of emergency state led by perception of threat and terrorist incidents or restrictions of some rights which take place in the ECHR. Rather, the source of apprehension is disproportionate implementations as stated in the memorandum of the UN Human Rights High Commissioner Proper Reporter6 who is appointed for reporting about Turkey after a period of 19-years. In addition to the UN Report, the concerns regarding the situation in Turkey were stated both in a memorandum 7during the visit of the Council of Europe Commissioner for Human Rights and European Council Regular Report8. In these reports it was stated that each restriction on human rights

3

http://www.hurriyet.com.tr/fetoyu-ilk-kez-yazan-adam-zubeyir-kindira-40176083 http://www.milliyet.com.tr/cumhurbaskani-erdogan-devleti-sifi-siyaset-2290743/ http://www.ihop.org.tr/wp-content/uploads/2017/01/OLAĞANÜSTÜ-HAL-VE-TEDBİRLERİ_09012017_yeni.pdf 6 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20891&LangID=E 7 http://www.ihop.org.tr/2016/10/12/avrupa-konseyi-insan-haklari-komiseri-nils-muiznieks-turkiye-ziyareti-memorandumunu-yayinladi/ 8 http://aa.com.tr/tr/dunya/ab-2016-turkiye-ilerleme-raporu-yayimlandi/682084 4

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leaves deep scars both on private and public life and "These restrictions stray Turkey away from the fundamental insurances that every democratic society has."9 The legal structure in Turkey that was analyzed in the UN Report has been found "far away from legal clarity." Especially non-specific and ambiguous statements like "promotion of violence" and "aiding and abetting the terrorist organization despite not being a member" make it hard to understand what is really meant by those.

Restricting the promotion of violence and terrorism by the governments that are responsible for the safety of country and citizens can be an understandable necessity. But in Turkey the real meaning of "promotion of terrorism and violence" can not be reveal. In fact the restrictions mainly aim to inform the people and press and silence the criticism against government rather than stop the promotion of violence, which takes place frequently on international reports.

It is widely discussed within political communities and brought up by the press that implementation of KHK's caused many public workers to be removed from duty and many people to be taken into custody which afterwards left many victims due to the repressive practices of judiciary and law enforcement officers.

Moreover, these are the decrees that made substantial alterations in state institutions and structures: military departments are given under the command of the Ministry of National Defense, the Command of the Coast Guard and the General Command of Gendarmerie are given under the command of the Ministry of Interior , all military hospitals are given to the command of the Ministry of Health, foundation of the National Defense University, restriction of defense rights of suspects, closure of Telecommunications Department (TİB), transfer of assets of all closed radios, TV channels, news agencies, magazines to the treasury which doesn't transfer their debts to the treasury and performing any actions through KHK's, which should be performed through Constitution. These all make the legitimacy of KHK's open to questions.

As a result of these discussion, main opposition party CHP has moved its demand of cancellation of KHK no. 668 to Constitutional Court. The Constitutional Court had various decrees that it can legally investigate Public Services Commission and inspect its aptness to Constitution.10 Constitutional Court has cancelled the regulation that assigns the participation of the last September 12 coup plotters to international meetings and congresses of TMMOB.11 However; Constitutional Court (AYM) has rejected the lawsuit brought for the closure of Decree Law No 668 by CHP. Reason for decree "26. Pursuant to article 121 of the Constitution, the subject matter decrees of KHK have been declared not judicially uninspectable under the decree stated in the article 148 of Constitution "Constitutional Court can take no lawsuits during states of emergencies, martial law and state of war due to its contradiction to the Constitution".12 Constitutional Court has stated that it is not authorized to inspect the aptness of KHK's, that were published during the State of Emergency, to the Constitution and Law. Yet, while Constitutional Court declared itself authorized for the judicial inspection of KHK's regarding the State of Emergency with its decree dated 22.6.2016, it declared itself unauthorized for the

9

http://www.hurriyetdailynews.com/turkey-suffering-rights-rollback-under-erdogan-hrw.aspx?pageID=238&nID=72295&NewsCatID=339 (- Number: Quorum 1990/25: Quorum Date 1991/1: 10.1.1991, Official Gazette Date - Number: 05.03.1992-21162) - Supreme Court (Number: Quorum 1991/6: Quorum Date 1991/20: Official Gazette 3.7.1991 Date-Number: 08.03.1992-21165) decree states "Only Constitutional Court must qualify the regulatory act that is brought up for aptness inspection and put into force by the legislative and judiciary body. Because Constitutional Court cannot regard itself as binding for the text sent for inspection. Therefore, Constitutional Court should inspect the regulations under the name of "state of emergency KHK" and determine if they really carry the value of "state of emergency KHK" that constitution stipulates and exempt it from constitutional aptness inspection. On the other hand, unless a regulation is decided to carry such a value, it has to be inspected for its aptness to constitution. Article 148 of constitution reads as: only the regulations that are equivalent to State of Emergency KHK rules are exempt from inspection of aptness to Constitution.”)

11 (Number: Quorum 2015/106: Quorum Date 2016/128: 22.6.2016 Official Gazette Date - Number: 23.9.2016 – 29836) 12 (Number: Decree Number 2016/166: 2016/159, Decision Date: 12.10.2016, Official Gazette Date - Number: 4.11.2016 – 29878) 10

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judicial inspection of KHK's regarding the State of Emergency with its decree dated 12.10.2016 after 4 months which draw attention. After declaring itself unauthorized, Constitutional Court has been criticized largely by press and law community.

Criticisms mainly states; due to the state of law and rule of law, constructions should be based not on the letter of article 148 of Constitution but on its spirit. Pursuant to article 121 of Constitution, State of Emergency can be expanded only by 4 month periods. Consequently, length of regulations on KHK's published during State of Emergency should be kept within this period. Regulations which will remain in force After State of Emergency is lifted shouldn't be done through KHK's regarding State of Emergency. Therefore State of Emergency KHK's should be inspected by Constitutional Court too.

Bekir BozdaÄ&#x;, the Minister of Justice, leads the group of opposition view that argues; according to article 148 the last decree of Constitutional Court is accurate while the former ones are false and with its last decree Constitutional Court has amended its former mistake.

State Of Emergency is a regime that is anticipated in the Constitution. That is why all regulations regarding State of Emergency must be within the boundaries of the Constitution.

Whether these regulations are within the boundaries of the Constitution can be determined only through judiciary inspection.

Table 1 - The number of media members who have lost their job. Orange: Resigfned, Blue: Laid down

In consequence Constitutional Court has paved the way for all legislative regulations with its most recent decree. According to first KHK 676, rectoral elections in state universities and foundation universities should be abolished and rector candidates should be determined by Board of Higher Education (YĂ–K) and appointed by the President.

This decree of Constitutional Court has ignored universal concepts like state of law or rule of law that ensures the implementation of fundamental rights and freedoms. This decree of Constitutional Court quite worrying because it also fails to show a clear picture of judiciary bodies that assure the maintenance of state of law and rule of law.

Three decree laws published in early 2017 have increased the worries that serious human rights complaints would also be ignored. Decrees, laws and even the constitution should be amended regarding personal rights, freedom of expression. Otherwise, their scope of application can be narrowed or clarified in order to extend the freedom of expression and press.

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Possible steps to extend the freedom of thought in Turkey are frequently mentioned in the reports of both domestic and foreign institutions. Some recommendations addressed in the book "Durum 2016" published by Association of Journalists in early 2016 have been also frequently mentioned by many domestic and foreign institutions and recently were referred in UN Report.

After the amendments made in the law no. 4709, the Article 28 of the Constitution that protects the freedom of press, Turkish authorities can now expel journalists and shut down, collect, or suspend the publications which who "threaten the indivisible unity of the state and its internal and external security". This decree does not specify what kind of activities pose threat to integrity of the State.

"Anti-terrorism Act" number 3713 concerning with terrorist crimes is far from being clear in the same way. For instance, the first article states neither what kind of activities are considered as terrorism nor what is the definition of membership of terrorist organization in a clear way. Especially, the sub-article 2 of article 7 on penalization of "propaganda" of terrorist organization, damages the freedom of expression. According to this decree of article, the penalization of propaganda crime should be increased in half if it is committed through press.

Article 220 of Turkish Penal Code (TCK) stating that membership of terrorist organization should be penalized also contain some ambiguous definitions. This article is quite worrying regarding the freedom of expression because it states: those who make "propaganda" on behalf of a terrorist organization should be sentenced to jail from one to three years.

Regulations on offense of libel, gradually increases the restrictions on criticism of public officials. Especially the article 125 and 299 of TCK which respectively define libel against public officials and the president as punishable, should be remarked. The president has filed more than 1900 libel suits in 2015/2016 because of the criticism directed at him. Many of these cases were dismissed after President Erdoğan waived his complaints following the July 15 Coup attempt. This kind of expressions, especially when they are rude or improper, may irritate government officials but still they are protected by article 19 of Universal Declaration of Human Rights (İHEB) and they make these possible: public debates, accountability and participation of individuals to public life.

Since the declaration of State of Emergency in July, Council of Ministers have enacted decree laws to extend the authorization of public administration units. The scope of KHK's should be restricted to the State of Emergency, but the scope of the decrees are extended so much that it even exceeded FETÖ that is recognized as a terrorist organization.

Being exempt from even constitutional inspection, KHK's have created many prospective victims due to both their wide scopes and implementations, consequences. For example, according to sub-article 4 of article 2 of KHK no 668 dated 25 July 2015, many TV channels and radio stations, news agencies, periodical publications and distributors that are charged with a connection to terrorist organizations that pose threat to national security should be closed. These decrees – KHK number 667 dated 22 July 2016, KHK number 668 dated 27 July 2016, KHK number 669 dated 31 July 2016, KHK's number 670 and 671 dated 17 August 2016, KHK's number 672, 673 and 674 dated 1 September 2016, KHK's number 675 and 676 dated 29 September 2016 – have made it easier to restrict the freedom of expression and press. Particularly, it can be considered within this scope that the use of 672 numbered decree, to take drastic measures against the freedom of expression of those who admitted as terrorist and the use of 676 numbered decree on November 11, 2016 to put an end for the activity of 370 association.

The opportunity to travel abroad (through confiscation of a passport), the right of accessing to a lawyer, and objection to the detention have been reduced or completely eliminated with these decrees. With 667 and 668 numbered state of emergency decrees, eliminating legal and criminal responsibility of who served in the implementation of the decree on the dismissal of the state officials has provided privilege to the officers in contrast to the constitution especially who used his charges for abuse.

In 2016, there have been very important changes in the Law no 5651 on the Internet

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communication "the law about regulating publications made in the environment of Internet and struggling against the crimes committed through these publications". Turkey’s Telecommunications Directorate has been closed on the grounds that the relation with July 15 coup attempt.

Its authorities have been given to Information and Communication Technologies Authority.

Being related with non-legal and non-democratic actions of a public institution authorized to controlling of the Internet communication, stopping of that communication, applying sanction in case of not to follow its decisions, and then, its being closed due to this reason, it shows how rightful the concerns and the criticism conveyed in our previous reports about the communication which is essential for freedom of thought.

Hapisteki gazeteciler / Journalists in prison

160 140 120 100

121

80

146

150

93

60 40 20

130

62 30

33

0 Haziran /June

15 Temmuz Temmuz itibarıyla / sonu / End of As of 15 July July

Ağustos /August

Eylül / Sept.

Ekim / Oct.

Kasım / Nov. Aralık / Dec.

Table 2 -The number of journalists in prison: detained, arrested and convicted (From June to end of December 2016)

Broken lives The number of the journalist in prison at the end of 2015 began to show an important decrease from a recording level because of the Ergenekon, Balyoz and the other cases in 20072013. At the beginning of 2016, the number of the journalist in prison reduced as 20's after a long time.

The number of the journalist whose freedom was limited as imprisoned and sentenced and the numbers of whom expressed in 20's at the beginning of 2016, increased to 30 at the end of June 2016, and 33 as the date of July, 15. The number of the journalist in prison increased to 62 at the end of June, 93 in august, 121 in September, 130 in October, and 146 in November.

At the date of December 31, 2016, the number of the journalist whose freedom was limited reached to 150 by the correspondents putting under arrest in Diyarbakır, a few days left to the new year.

While the number of the journalists who were forced to resign was 8 in 2014, 330 journalists were also dismissed. The number of the journalists were forced to resign increased to 34, while the journalists dismissed increased to 590 in 2015. In 2016, there was a kind of earthquake in the number of the journalist who were dismissed. According to information collected from open data, when 25 journalists were forced to resign in 2016, at least 3655 journalists who could be determined by the open sources lost their jobs. With these numbers, the number of the unemployed journalists in the country are estimated to be more than 11 thousand.

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A total of 178 media outlet were closed with the state of emergency decrees. The decision of closing down was lifted for nine of these outlets with decree law.13 Again, measures to be applied about the media outlets and other associations, foundations, universities and other institutions, which were closed down by the decree no. 668 were defined. Accordingly, movables and all kinds of assets, receivables and rights, documents and papers shall be deemed to be transferred free of charge to the Treasury; immovables shall be registered free and clear of any restrictions and right of incumbrance ex officio in the name of the Treasury; the Treasury will not be entitled to any right or claim due to all kinds of debts of the closed institutions. Thus, it was made impossible for the journalists and other personnel who worked in institutions and organizations closed with the decree law, to take back their rights through local or international law after the end of this period.

In addition, a new criteria was introduced with the Press Ad Agency's, which the state established as a public legal entity for the distribution of official advertisements, ''Official Announcement and Advertisements and Regular Periodicals for Publishing Regulation, which was put into on 5 October 2016 14''. Accordingly, in case of filing a lawsuit under the ''Crimes Against the Constitutional Order and Functioning of this Order'' and/or ''Anti-Terrorism Law'' against the beneficiary real or legal bodies, representatives of legal bodies, majority of the partners or, if any, legal body representative, the announcement take will be stopped until the conclusion of the case. Those who are in cadres of the minimum white-collar workers who were tried for the same crime or crimes will have to be removed from the staff within five days. Otherwise, official announcement right will be stopped.15 Thus, starting only the prosecution without needing the verdict of conviction against the beneficiary real or legal bodies, representatives of legal bodies, majority of the partners or, if any, legal body representative of the media outlets paved the way for a serious revenue loss that could cause shutting down the outlets.

Massive increase in censorship Censorship cases also increased in the year 2016. The most important form of censorship is the auto censorship, where the journalist has to implement due to country's conditions and various pressures of the publisher. In this respect, it would be unnecessary to say that there have been very negative developments in Turkey in recent times.Freedom of press in Turkey has always been in a crisis since the 1980 coup for the reasons of ownership, organizing deficits and the intensity of the politics-media mogul relationship. The absence of self-sufficient media outlets, the fact that almost no unionization has been left in the industry, the need of the media moguls for the favour of the political leaders made censorship and auto censorship the journalists has to apply to themselves due to the job security has almost become normalized.

The efforts of the politicians to put pressure or ''domesticate'' the media by ways of newsprint import permit, official advertisement quota and so in the pre-1980 periods, has turned into putting pressure or taking advantage of directly the media outlet and the journalists.

13 14 15

http://www.haberturk.com/gundem/haber/1272968-ohal-kararnamesiyle-16-televizyon-3-haber-ajansi-45-gazete-kapatildi http://www.bik.gov.tr/resmi-ilan-ve-reklamlar-ile-bunlari-yayinlayacak-sureli-yayinlar-yonetmeligi-resmi-gazetede-yayimlandi/ http://bianet.org/bianet/medya/182458-kapatilan-basin-yayin-radyo-televizyon-ve-haber-ajanslari

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Table 3- Censorship (cases) inclyuding accreditation practice and access restrictions

Long before the coup attempt, polarization that started during the Ergenekon and Sledgehammer investigations, the presence of professional dialogue among the media members of every ideology in the Turkish media tradition reduced the talk among the journalists. Before the coup attempt, media outlets, criticizing the government, that were deprived of official advertisements and were prevented from receiving advertisements with the pressures to the private sector and media outlets close to Fethullah GĂźlen, which started to be seperated from the government, began to encounter the implementations such as closing down, counter-terrorism legislation prosecution, state's taking over the management by appointing trustees.

In the aftermath of the July 15 Coup Attempt, media, that were already in crisis, close to Fethullah community were closed down all together, other critical media outlets or outlets with ''politically unacceptable'' broadcasting policies for ethnical or ideological reasons were intercepted by measures of never-before-seen scales. After July 15 Coup Attempt, almost four hundred journalists' becoming unemployed, hundreds of journalists' losing their press cards, overseas journey restrictions and passport seizures were other bitter developments of the period.

Regardless of their broadcasting policies, it is a democracy necessity to endure the activities and publications of all broadcasting organizations in the name of freedom of expression and press, as long as they do not openly support terrorism. The European Court of Human Rights (AÄ°HM) case law, which can be summarized as progress in democratic societies is the presence of free expression dispute of opposite ideas, even if they do not appeal to the political leaders and the society is based on the thesis that conscious choice in democracies can only be possible with the community awareness.

As underlined in many reports, another source of concern situation is that all media in Southeast Anatolia, especially the Kurdish media, have been widely wiped out, leading to a tremendous lack of access to information.16

16

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20891&LangID=E

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Censorship applied in forms such as accreditation, prevention of publication, hindering access to news and so on has been recorded as 93 cases in 2014, 940 cases in 2015 and with a big leap to 3922 cases in 2016. As for the access denial, the fact that the website engelliweb.com, which recorded the access denials, was forced to stop publishing in 2016 would be the indication of the situation's gravity.

Table 4 - Cumulative internet access record (above) 2012-2016 and monthly denial of access in 2016 (below)

Access denial A total of 3 thousand 922 access denial cases were recorded in 2016, when an average of 300 access denials occurred throughout the year. This number was 940 in 2015 and 93 in 2014.

Cumulative internet access was 15 thousand 92 in 2012, 42 thousand 686 in 2013, 66 thousand 244 in 2014, 103 thousand 885 in 2015 and finally reached 107 thousand 992 in 2016. Publication bans, which were introduced very soon after the abominable terrorist attacks, restrict both the access of journalists to information and the right of people to access information under constitutional guarantees. In the fight against terrorism, as the publication ban in intelligence requirements or criminal chase is normal and admissible, the fact that the ban is applied to the case even before the ambulance's arrival to the crime scene is causing worries that a total ban on counter-terrorism has been introduced. As the purpose is the restriction of other possible attacks with the closing down of communication networks of slowing down of access, this measure also prevents the individuals from accessing the information as well as hindering them from communicating with each other, accessing important information about their safety and supporting each other.

In particular, the pressure on internet news sites has become almost a routine. A broad

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wave of internet closure and content blocking that gained speed after the July 15 Coup Attempt, serious ban or slowing in social media platforms after almost every incident, again in transparency reports17 published by Twitter and Facebook it seem that Turkey's social media removal / deletion claims are clearly ahead of other countries in terms of governments' demands for information and content restrictions.18 In accordance with the decisions that there cannot be any access denial or block of a communication network without the decisions of the Constitutional Court and the European Court of Human Rights, the law no. 5651 ''On Regulation of Publications on the Internet and combating Crimes committed by means of such Publications '', which was passed in 2007, was amended on 17 August 2016 and the vast majority of access denials appear to have been made in accordance with the law in question.

All these data and broad interpretation of anti-terror laws, the insult cases display the pressure on the journalists. Especially after the July 15 Coup Attempt and the state of emergency announcement 19on July 21, pressures on journalists, writers, intellectuals and science world.

According to some organizations, even if the number of journalists in jail is expressed by the eighty figures, it is obvious that the situation is worse than at the beginning of 2016, and after the coup attempt, it is "horrifying" 20by the expression of a foreign observer. "This number is surprising, even in the context of the threats posed by the Government, and it brings into question, especially in terms of a general framework such as the closure of media outlets, that it is not only about necessity and proportionality, but also about basic questions about whether constraints are based on illegitimate criticism.''21 There have been discussion on the definition of a journalist. There are various opinions about who can be called a journalist. The journalist is the person who follows the news with all its factors, writes it up, and acquires the right of constitutional acquiredness through various media platforms. Journalist are neither above the law nor have immunity. But, it is unacceptable for journalists to be imprisoned because of their duty to inform the public. Aside from the government's claims that journalists ''are imprisoned not because they were doing their jobs but for many other illegal activities, especially terrorism'' and ''there are no journalists in jail'', it is hard to deny that the vast majority of jailed journalists are not imprisoned for doing anything other than journalism.

Last words and suggestions Freedom of expression and press does not apply only to accepted ideas. It is emphasized that in the 1976 Handyside case and other similar decisions of the European Court of Human Rights, everyone has the right to express their opinion and that this right can not be dispensed with, as long as it does not involve violence, hate crime, humiliation and alienation of people's national, religious and cultural values.22 Turkey made a note to the United Nations Secretary General on 21 July 2016, stating that its obligations under the International Covenant on Civil and Political Rights (ICCPR) could be restricted. Thus, Turkey declared that they were going through an extraordinary period and ''temporarily'' suspended the liabilities in the articles 2,3,9,10,12,13,14,17,19,21,22,25,26 and 27 of the contract, including the freedom of expression.

Suspending of the rights are administrative seizures with consequences. Hence, in the ongoing state of emergency period, tens of thousand civilians, soldiers, state employees, business

17

http://www.setav.org/2016-facebook-seffaflik-raporu-ve-turkiye/ http://www.turkuazhaberajansi.com/2017/01/18/2016-facebook-seffaflik-raporu-ve-turkiye.html The memorandum of the Council of Ministers dated July 20 No 1116 was approved by the decision of the Turkish Grand National Assembly and the state of emergency was declared.

20 http://www.sozcu.com.tr/2016/dunya/son-dakika-agit-turk-toplumu-aci-cekiyor-1557173/ 21 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20891&LangID=E 22 https://www.crin.org/en/library/legal-database/handyside-v-united-kingdom 18

19

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people, legal bodies, intellectuals, journalists, writers, illustrators were faced with "irremediable" enforcements in the framework of the state of emergency law "with no judicial remedy."

In our book published in January 2016 with the title "Case 2016" and the report/book on freedom of expression and press violations in 2014-2015, we proposed a series of precautions in order for the Turkish media to get out of the difficult period they were in. We would like to repeat this recommendation with a few more additions this year.

• All media organizations, unions and institutions, especially the Association of Journalists, reiterate their call to abolish the provisions of the law that prevent the freedom of press and expression, which could cause journalists to be closed behind bars under the pretext of "terrorist" at any moment.

• Political leaders should terminate the pressure and interventions to journalists and media groups with the greatest obstacle of monopolization that hinder people's right to information and freedom of expression and press.

• Dismissing journalists and authors from their jobs for their unfavorable articles and reports, suppressing media groups with unprecedented amount of tax penalties, "censorship" by "direct governance" through the appointment of a trustee and many other prosecutions that widely left the journalists without a job after July 15 coup attempt should be abandoned. The termination of the activities of the media organizations shall only be possible in exceptional cases provided for by law and at the end of judicial proceedings in accordance with international law.

• Television channels should not be tampered with heavy penalties and unwanted news should not be prevented.

• The monopolization in the press and growing deunionization movement, working of media employees without a job security and illegally employing subcontracted workers should be terminated. Unionized working life of journalists should be encouraged.

• The understanding that cannot accept the freedom of websites and social networks is troubled. Personal freedoms are restricted in social networks. Trying to impose restrictions on social networks is not compatible with freedom of expression.

• Those who are deprived of liberty within the scope of state of emergency or the AntiTerrorism Law and who do not have verdict of conviction must be pending a trial in the framework of the "exception of imprisoned judiciary" principle.

• No one should be deprived of their liberty because of their expressions of thought that can not be regarded as a public call to violence and terrorist organizations, dissemination of hatred and illegality.

• Legal arrangements that may put the press under the direction of the government and deprive reporters of severance pay must never be brought to the agenda.

• The subjective criteria used from time to time in official advertisement distribution through the Press Ad Authority should be abandoned urgently.

• According to Article 9 of the International Covenant on Civil and Political Rights (ICCPR) in the context of international law superior to domestic law in accordance with Article 90 of the Constitution, in which Turkey was among the signatories, ''A person who is deprived of his liberty by being taken into custody or arrested has the right to resort to a court which can decide on the lawfulness of his detention and a possible compensation for a person who is victimized by being arrested or detained illegally.'' Despite the fact that Turkish law sees "being jailed pending trial as an exemption," the rights of those deprived of liberty must be observed within the framework of this article. Persons who face deprivation of rights, who are deprived of employment by the decrees within the scope of the state of emergency, should be entitled to the right to appeal to the lawfulness of the decision taken by accessing the appropriate judicial and administrative mechanisms by going through state of emergency regulations and right to be compensated in cases of wrongful dismissal.

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• The temporary suspension of European Convention on Human Rights (AİHS) provisions and excessiveness of restrictions to the freedom of expression in this framework should be prevented and freedom restrictions should be abandoned immediately.

• We believe that, the abolition of TCK's Article 215, which defines insult to the public officials an offense and Article 299, which defines insult to the President an offense, the reform of the Turkish penal code with a liberal approach will contribute to social peace, especially in Anti-terrorism Act. The Turkish press will again be the "fourth force" when it gets rid of political power and capital guards and censors and self-censorship practices, and will be at a level that will compete with international media organizations. The Turkish media, which have sufficient technology for this, have the determination and determination to provide it.

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Index Abdullah Gül ................................................................. 6

Conflict Zone .............................................................. 13

FETÖ .................................................. 5, 8, 11, 12, 15, 22

Academicians for peace .................................... 13

Constitutional Court

FETÖ/PDY ............................................................ 12, 15

Academics for Peace ............................................. 6 AFP ................................................................................... 10

AYM ..............................................6, 10, 16, 20, 27 Council of Europe ................................................... 19

Figen Yüksekdağ.................................................... 15 Financial Times ........................................................ 15

Aften Posten ................................................................ 6

Council Of Europe Commissioner For

France ............................................................................. 19

Ahmet Altan

Human Rights................................................... 19

Freedom House..................................................... 3, 5

Altan ................................................................. 10, 13 Ahmet Davutoğlu

Council of Higher Education YÖK .......................................................................... 12

Freedom in the World 2016 ............................... 5 French ............................................................................ 15

Davutoğlu .............................................................. 8

Council of Ministers .................... 5, 11, 17, 22, 27

Gaziantep ................................................................ 8, 10

Ahmet Nesin ....................................................... 10, 12

Court of Peace Authorities ........................... 5, 8

Gaziantep Police Department ......................... 9

Ahmet Şık ............................................................... 8, 15 Ahmet Takan .............................................................. 6

Crimes Against Constitutional Order and the Functioning of this Order ............... 24

General Command Of Gendarmerie ......... 20 Gerçekgündem .......................................................... 8

Ahmet Türk ................................................................ 15

Cumhuriyet ............ 5, 6, 7, 8, 9, 12, 13, 14, 15, 16

German ............................................ 6, 8, 11, 13, 14, 15

Akif Çağatay Kılıç ................................................... 13

Cüneyt Arcayürek ................................................... 7

Germany .........................................................7, 8, 9, 15

Akşam ......................................................................... 5, 6 Alevi ................................................................................. 13

David Lepeska ............................................................ 8 DBP ................................................................................... 14

Germenek ...................................................................... 9 gmail ................................................................................ 13

Ali Yerlikaya ............................................................... 10

Decree Law

Google ............................................................................. 14

America's Voice ....................................................... 15

KHK .................................................................. 12, 22

Google Drive ............................................................... 14

Anatolian Agency AA 6

Demokrat Haber ....................................................... 6 Der Spiegel .................................................................... 7

Greater Middle East Initiative BOP........................................................................... 17

Angela Merkel ............................................................ 8

Deutsche Welle

Guard Chief-Editorship .......................... 9, 10, 12

Ankara .............................................. 3, 6, 9, 13, 15, 16

DW ............................................................................ 13

Guardian ....................................................................... 15

Ankara University ................................................. 12 Anti-Terror Branch................................................. 8

Devlet Bahçeli ............................................................. 9 DHKP/C ......................................................................... 19

Gülay Göktürk ............................................................ 5 Habertürk .............................................................5, 6, 7

Anti-terrorism Act ................. 14, 22, 24, 28, 29

DHKP-C ........................................................................... 7

Hanefi Avcı .................................................................... 8

Aslı Erdoğan ................................................. 12, 13, 16

Dicle News Agency.................................................. 9

Hansjörg Haber ......................................................... 11

Association of Journalists ... 1, 3, 9, 10, 15, 16, 22, 28

DİHA ......................................................................... 5, 6, 8 Diken ..................................................................... 5, 8, 15

Hasan Cemal ......................................................... 5, 10 Hasan Öztürk .............................................................. 6

Atatürk Airport ........................................................ 10

Dilek Dündar ................................................................ 9

Hatice Kamer ............................................................. 10

Axel Springer .............................................................. 9

Directorate General of Press and

High Criminal Court ................................................ 8

Ayşe Düzkan................................................................ 9 Azadiya Welat........................................................... 13

Information BYGM ...................................................................... 12

Hikmet Çetinkaya .................................................... 8 Hilmi Yavuz ................................................................. 16

Bayrampaşa ................................................................. 6

DISK .................................................................................... 9

Hotspot Shield VPN............................................... 15

BBC Turkish................................................................ 10

Diyarbakır ............................................ 5, 8, 13, 15, 23

Hürriyet ...................................................................... 6, 8

Beatriz Yubero.......................................................... 12 Bekir Bozdağ ....................................................... 16, 21

Doğan Media Group............................................... 13 Dropbox ........................................................................ 14

Hüsnü Mahalli ........................................................... 15 iCloud .............................................................................. 13

Bengü Türk ................................................................... 6

DTK ................................................................................... 14

İlker Başbuğ ............................................................... 17

Berat Albayrak ......................................................... 13

Ebru Umar...................................................................... 8

İMC TV .............................................................................. 6

Beritan Canözer .....................................................7, 9 Besime Konca ........................................................... 16

Ekrem Dumanlı ................................................... 7, 16 Elazığ ............................................................................... 15

İMCTV ............................................................................... 5 İnan Kızılkaya............................................................ 12

Beyaz Show .................................................................. 6

Emre Aköz ..................................................................... 8

Independent ............................................................... 15

Beyazıt Öztürk............................................................ 6

Engelliweb.com ........................................................ 10

Information and Communication

Bianet ................................................................................ 8 Bilal Erdoğan .............................................................. 14

England .......................................................................... 10 Erdem Gül .................................................................. 6, 9

Technologies Authority BTK ............................................................ 10, 15, 23

Binali Yıldırım .............................................................. 9

Ergenekon .................................................... 17, 23, 25

BirGün ...........................................................................7, 8

Ergun Babahan ........................................................ 12

International Covenant on Civil and

Bülent Keneş ........................................................ 7, 16 ByLock ........................................................................... 16

Erol Önder .................................................................... 10 Ertuğrul Mavioğlu .................................................... 9

ICCPR .............................................................. 27, 28 İrfan Demirci ................................................................ 5

Political Rights

Çağlar Demirel .......................................................... 16

Eşber Yağmurdereli................................................ 9

ISIS.................................................................. 8, 10, 12, 19

Can Dündar ....................................................... 6, 9, 12

Esra Keskinkılı ............................................................ 8

Istanbul ............................. 5, 6, 7, 8, 9, 10, 11, 12, 15

Celal Başlangıç............................................................ 9 Cem Ceminay .............................................................. 5

ETHA ................................................................................ 15 Etyen Mahçupyan.................................................... 6

İzmir ............................................................................ 6, 17 Jan Böhmermann ................................................... 14

Cemil Çiçek ................................................................. 18

European Convention of Civil Rights

Jean Claude Juncker ............................................. 15

Cengiz Çandar .........................................................6, 7

ECHR ...................................................................... 29

JİNHA ........................................................................5, 7, 9

Ceyda Karan................................................................. 8 Charlie Hebdo ..........................................................7, 8

European Parliament ............................. 10, 11, 13 EP 15

Joe Biden ......................................................................... 5 Journalists Federation of Turkey ................ 10

CIA17

European Union ..................................... 3, 10, 11, 15

Justice and Development Party

Cihan News Agency

EU 9, 10, 11, 15, 18

AKP ....................................... 6, 8, 9, 11, 12, 17, 18

Cihan ......................................................................... 8 Ciner Media Group ................................................... 7

Facebook .............................................................. 10, 27 Faruk Eren ..................................................................... 9

Kanal D ........................................................................ 5, 6 Kani Beko ....................................................................... 9

Civil Society Dialogue Programme .............. 3

Fehim Işık ....................................................................... 9

Kati Piri ........................................................................... 11

CNNTürk ......................................................................... 6

Fehim Taştekin .......................................................... 6

Kemal Kılıçdaroğlu

Coast Guard Command ..................................... 20 Committee to Protect Journalists

Fehmi Koru ................................................................... 5 Fethullah Gülen....................... 5, 11, 16, 17, 18, 25

Kılıçdaroğlu .......................................... 14, 15, 16 Kenan Yeşilyurt......................................................... 6

Fethullah Gülen terrorist organization ..... 5

Kilis ..................................................................................... 5

CPJ10

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Koray Aydın ................................................................. 9

PKK ....................................................................... 6, 15, 19

AİHM ................................................................ 25, 27

Koray Çalışkan ........................................................... 5

Police ..................................................................... 8, 9, 15

The Law On Regulation of Publications on

Koza-İpek Holding ................................................... 5

Presidency of Telecommunication and

Küçükçekmece.......................................................... 6 Kurdish .................................................................... 6, 25 Kuşadası ......................................................................... 8

Communication TİB 8, 9, 12, 20, 23 President Erdogan

the Internet and combating Crimes committed by means of such Publications ............................................... 23, 27 The USA ....................................................... 5, 11, 17, 18

LGBTİ ................................................................................ 11

Erdoğan .....................................................9, 13, 22

LGBTI+Pride March ................................................ 11 Mahmut Bozarslan ................................................ 10

President Recep Tayyip Erdoğan .. 5, 7, 8, 9, 11, 14, 15, 16

TİB 6, 8, 12, 20 TMMOB ......................................................................... 20 Today's Zaman ........................................................... 7

Mardin ................................................................ 6, 10, 15

Presidential Guard Regiment .......................... 5

Tor Project ................................................................... 15

Martin Schulz ..................................................... 10, 15

Press Ad Authority .................................. 7, 24, 28

Tosya ................................................................................. 9

Mathias Döpfner ....................................................... 9 Mehmet Ali Yalçındağ ......................................... 13

Press Cards Commission .................................. 10 Press for Freedom ............................................... 1, 3

Transparency Report ............................................ 6 TRT ................................................................... 5, 9, 12, 16

Mehmet Altan ........................................................... 13

Pride Week Committee....................................... 11

Tunca Öğreten ............................................................ 5

Mehmet Baransu .................................................... 13

Prostitution ................................................................ 17

Tuncay Opçin ............................................................ 10

Mehmet Tekelioğlu ................................................. 6 Melda Onur .................................................................... 9

Psiphon .......................................................................... 15 PYD ............................................................................ 15, 17

Tural Kerimov ............................................................. 8 Turgut Öker .................................................................. 9

Meral Akşener

Radikal .........................................................................6, 7

Türker Ertürk ............................................................ 10

Radio and Television Supreme Council

Turkey 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,

Merdan Yanardağ .................................................. 10 Merve Büyüksaraç........................................... 9, 10

RTÜK ....................................................................... 10 Rasime Şebnem Korur ....................................... 10

20, 22, 24, 27, 28 Turkey Human Rights Foundation ............ 10 Turkey's Association of Journalists

Akşener ........................................................... 9, 13

Michael Friedman .................................................. 13

Rauf Maltaş ................................................................... 6

Midyat............................................................................. 10

RedHack........................................................................ 13

TAJ ............................................................................ 16

Military Colleges........................................................ 5 Military Spying ......................................................... 17

Reporters Without Borders RSF .......................................................... 3, 8, 10, 16

Turkish Armed Forces TAF ...................................................................... 5, 15

Mimar Sinan University of Fine Arts .......... 8

Reporters Without Borders Organization

TURKISH GRAND NATIONAL ASSEMBLY

Ministry Of Health ................................................. 20

RSF ............................................................................. 8

................................................................ 11, 15, 18, 27

Ministry of Internal Affairs ...................... 16, 20 Ministry of Justice .................................................. 18

Republican People's Party CHP ................................... 9, 11, 13, 14, 15, 16, 20

TÜRKSAT ....................................................................... 6 Twitter...................................................... 6, 7, 8, 10, 27

Ministry Of National Defense ........................ 20

Ruşen Çakır .................................................................. 5

Ümit Özdağ.................................................................... 9

Mirgün Cabas .............................................................. 6

Russia ................................................................. 8, 10, 16

United Nations

Muharrem Erkek ...................................................... 9 Mümtaz'er Türköne ................................................ 9

Sabah ........................................................................... 5, 8 Şahin Alpay................................................................. 16

UN 10, 16, 19, 20, 22, 27 United Nations Special Rapporteur on

Murat Belge .................................................................. 9

Salih Memecan ........................................................... 5

Torture .................................................................. 16

Murat Ş............................................................................. 9

Sanem Altan ................................................................ 6

Universal ................................................................ 8, 22

Musa Kart....................................................................... 5 Mustafa Altıoklar...................................................... 9

Selahattin Demirtaş ............................................. 15 Selim Kiraz .................................................................... 7

US Secretary of State .......................................... 15 Vatan ................................................................................. 6

Mustafa Balbay .......................................................... 6

Selim Yenel .................................................................. 11

Vezneciler .................................................................... 10

Mustafa Sönmez ....................................................... 9

Sendika.Org ............................................................. 6, 8

Vice News .................................................................... 15

Nasuhi Güngör ............................................................ 9 Nationalist Movement Party

Şenol Göka..................................................................... 9 Sertaç Kayar .............................................................. 10

Volker Beck ................................................................. 11 Volker Schwenck ..................................................... 8

MHP ........................................................................... 9

Siirt.................................................................................... 16

VPN Master................................................................. 15

Nazlı Ilıcak .................................................................... 12

Silje Ronning Kampesaeter............................... 6

Wall Street Journal ................................................ 15

Nazmi BİLGİN ..................................... 3, 9, 10, 15, 16 Necmiye Alpay .................................................. 12, 16

Sinan Oğan .................................................................... 9 Sledgehammer............................ 10, 13, 17, 23, 25

World Association of Newspapers and News Publishers

Nedim Şener................................................................. 8

Sledgehammer conspiracy ............................. 13

WAN-IFRA .......................................................... 10

Nils Melzer ................................................................... 16

soL portal........................................................................ 9

Yağız Şenkal................................................................. 9

NIO .................................................................................. 6, 9 NTV .................................................................................7, 9

Soner Yalçın ................................................................. 8 Southeastern ......................................5, 6, 8, 15, 25

yahoo .............................................................................. 13 Yalçın Küçük................................................................ 8

Odatv ................................................................................. 8

Southeastern Anatolia ........................ 5, 6, 8, 15

Yasemin Çongar ............................................... 10, 13

Olivier Bertrand ....................................................... 15

Spanish .......................................................................... 12

Yeni Akit ......................................................................... 6

Onur Çoban ................................................................... 6 Orhan Aydın ................................................................. 9

Sputnik ..................................................................... 8, 10 Star ..................................................................................... 6

Yeni Şafak...................................................................... 6 Yeni Yüzyıl..................................................................... 9

Özgür Gündem.............................................. 7, 10, 12

State of emergency

Yeniçağ ............................................................................ 6

Özgür Mumcu.............................................................. 6

OHAL .................................................................. 5, 17

Yıldıray Oğur ....................................................... 10, 13

PEN International PEN ........................................................................... 10

Sultanahmet ................................................................ 5 Supreme Court ........................................................... 9

Youtube .................................................................. 10, 14 Yüksekova Haber .................................................... 6

Pennsylvania .............................................................. 5

SWR.................................................................................... 8

Yusuf Kanlı .................................................................... 3

People's Democratic Party

Syria ................................................................................. 17

Zahir el Şerkat ............................................................ 8

HDP ................................................. 9, 11, 14, 15, 16 Periodicals Regulation ....................................... 24

Taraf.......................................................................... 10, 13 TCK ...........................................................................22, 29

Zaman ......................................................................6, 7, 9 Zana Bilir Kaya ......................................................... 16

Peter Limbourg ........................................................ 13

Terry Reintke ............................................................. 11

Zana Kaya .................................................................... 12

Philip Gingell Hanrahan...................................... 15

The Economist .......................................................... 15

Zenmate VPN ............................................................ 15

Philip John Pendlebury ....................................... 15

The European Court of Human Rights

Zühtü Arslan .............................................................. 16

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