PACE critical of Turkey's freedom of information
PACE critical of Turkey's freedom of information
PACE critical of Turkey's freedom of information
The Parliamentary Assembly of the Council of Europe (PACE) has criticized Turkey for the state of media freedom in the country. In its assembly debate on Thursday the Parliamentary Assembly stressed that "freedom of expression and information constitutes a cornerstone of good governance and thriving democracy, as well as a fundamental obligation of each member State under Article 10 of the European Convention on Human Rights (ETS No. 5, “the Convention”). Member States have, in particular, a positive obligation under Articles 2 and 10 of the Convention to protect journalists against attacks on their lives and freedom of expression and prevent impunity of the perpetrators".
The Assembly condemned the numerous attacks against investigative
journalists as well as threats against people working with investigative
media, like Sergei Magnitsky who was tortured and murdered in a Russian
prison in 2009. The Assembly calls on the competent authorities
to properly investigate such cases in order to bring to justice
those who instigate them.
The Assembly said to be "shocked by the high number of journalists
imprisoned, detained or prosecuted in Turkey for having expressed
their political opinions and contributed to a political debate necessary
in a vibrant democracy. The enormous number of cases has a paralysing
effect on Turkey’s media environment and journalists".
While welcoming that the “Third Judicial Reform Package” adopted
by the Turkish Parliament on 2 July 2012 may prevent excessively
long detentions in the future, the Assembly noted "with concern that
previously imposed detentions still continue and ongoing trials
continue to be adjudicated by the previous special courts. The Assembly
calls for the findings by the Commissioner for Human Rights in his
report of 12 July 2011 to be fully implemented by the Turkish Government
without delay".
The legislative revision in 2008 of Article 301 of the Turkish
Penal Code appeared not to have resolved the problem that this article can be
applied unduly against journalists and others, as stated by the
European Court of Human Rights in the case of Altuğ
Taner Akçam v. Turkey on 25 October 2011. Therefore,
the Assembly "calls on Turkey to repeal Article 301 immediately".
In their final resolution the Assembly said that "it is rather difficult to comprehend the
large number of criminal investigations which have been initiated
against journalists under Articles 285 and 288 of the Turkish Penal
Code, Article 6 of the Turkish Anti-Terror Law and related legal
provisions, in particular for having reported on the massive court
trials concerning the Ergenekon criminal organisation. The sheer
number of cases is an indication of a serious violation of media
freedom, also in the light of Committee of Ministers Recommendation
Rec(2003)13 on the provision of information through the media in
relation to criminal proceedings".
Finally welcoming the assistance and co-operation projects established
by the Council of Europe with Turkey upon the invitation extended
by the Turkish Prime Minister, Recep Tayyip Erdoğan, in April 2011,
the Assembly invited "the Secretary General of the Council of Europe
to assess the impact of this action and to review and possibly increase
co-operation activities in the field of media freedom".