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Ankara: Top Coe Official Says Turkey Must Work On Press Freedom

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  • Ankara: Top Coe Official Says Turkey Must Work On Press Freedom

    TOP COE OFFICIAL SAYS TURKEY MUST WORK ON PRESS FREEDOM


    President Abdullah Gul (L) shakes hands with Council of Europe
    Secretary-General Thorbjørn Jagland at Cankaya Palace on Tuesday.

    (Photo: President's Office)

    http://www.todayszaman.com/news-306218-top-coe-official-says-turkey-must-work-on-press-freedom.html
    5 February 2013 /AYDIN ALBAYRAK, ANKARA

    Citing a large number of cases pending against Turkey at the European
    Court of Human Rights (ECtHR) that involve freedom of expression,
    Council of Europe Secretary-General Thorbjørn Jagland said in
    Ankara on Tuesday that Turkey should take more steps to address the
    shortcomings.

    He said that despite steps taken by the government in past years to
    expand the boundaries of freedom of expression, there seem to be more
    steps, especially mentality-wise, adding that Turkey should make an
    effort to comply with the Council of Europe's standards given that
    the number of cases pending against Turkey in the ECtHR in the field
    of freedom of expression stands at 450.

    "This is simply too much," commented Jagland, speaking at the High
    Level Conference on Freedom of Expression and Media Freedom in Turkey
    on Tuesday, referring to the high figure.

    At the conference in Ankara, which was held as part of a joint
    project Turkey and the Council of Europe started more than a year
    ago to enable Turkey to raise its standards in judicial verdicts
    regarding freedom of speech and media freedom, Jagland underlined in
    his opening speech that freedom of expression is the founding pillar
    of democracy and that the need for action is evident in Turkey.

    This is still a major issue for Turkey, considering that two-thirds of
    all cases in which the ECtHR ruled against Turkey so far are related
    to freedom of expression.

    Since a previous conference, held 14 months ago in Ankara, Turkey
    and the Council of Europe have started working together to address
    the main challenges in law and in practice related to freedom of
    expression identified by the court in its judgments concerning Turkey.

    Jagland, who also praised Turkey's efforts to bring the country's
    legislation in line with CoE standards, expressed his hope that
    the fourth reform package -- which Justice Minister Sadullah Ergin
    affirmed at the conference would be brought before Parliament soon --
    would include the necessary legislative amendments. "What is needed
    is a complete overhaul of the Counterterrorism Law [TMK] as well as
    amendments to the Turkish Penal Code [TCK]," the secretary-general
    added.

    Some of Turkey's cases before the court refer to the offence of
    "praising a crime or a criminal" and "disseminating propaganda on
    behalf of a terrorist organization" while other cases relate to
    punishing defamation against certain national values and state bodies.

    Referring to a previous judgment of the court, "Freedom of expression
    may offend; it may even shock," he noted.

    For Jagland, protecting journalists and freedom of expression is
    protecting democracy. Noting that according to the case law of the
    court, politicians should accept that their words and actions are open
    to a higher degree of scrutiny by both journalists and the public at
    large. "They should therefore be cautious when they initiate criminal
    or civil defamation cases. This can have a serious chilling effect
    on freedom of expression and the media," he cautioned, seemingly
    in reference to statements by Prime Minister Recep Tayyip Erdogan
    targeting some media outlets.

    However, as noted by the secretary-general, the common challenge is
    not just about the changing of laws to achieve greater freedom of
    expression but also about raising awareness of those who interpret
    the laws. That is why, in the framework of the project, the Ministry
    of Justice has been carrying out a project in cooperation with the
    Council of Europe. Turkish judges and prosecutors now regularly visit
    the Strasbourg court to familiarize themselves with its case law in the
    area of freedom of expression. Study visits are also being organized
    to member states, including the United Kingdom, Spain and Germany.

    The efforts seem to have started bearing fruit. For example,
    the Supreme Court of Appeals in a judgment dated last December,
    annulled the conviction of an applicant who had said during a public
    demonstration that conscientious objection is a right, considering
    that non-violent opinions supporting conscientious objection should
    be protected by freedom of expression.

    Justice Minister Ergin emphasized in his opening speech, defending the
    amendments effected by the government so far to expand the boundaries
    of freedom of expression, that putting a ban on the expression of an
    opinion would -- in contrast to popular belief -- bestow on the idea
    banned an undeserved edge over other ideas, as the natural course of
    ideas competing with one another freely is tampered with.

    Ergin made it clear that he found the reports published by some
    international media associations about Turkey unjust. Noting that the
    Committee to Protect Journalists said in its report that 76 journalists
    were under arrest in Turkey in 2012, Ergin said, "However, the figure
    for the year 2011 in the committee's report is eight."

    Noting that 70 people who are included in the committee's report of
    Turkish journalists under arrest for 2012 have been under a judicatory
    process, they are unable to understand how those people who were not
    previously considered as journalists were considered as journalists
    in the report for 2012.

    Jagland talks with top officials, visits Syrian refugee camps

    Council of Europe Secretary-General Thorbjorn Jagland made high-level
    contacts in Turkey. Following the conference on Tuesday morning, he was
    received by President Abdullah Gul at the Cankaya presidential palace,
    and came before the press with Justice Minister Sadullah Ergin. On a
    separate occasion he joined Deputy Prime Minister Bulent Arınc. On
    Wednesday the secretary-general will pay a visit to two refugee camps
    located in Hatay province near the border with Syria.

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