Freedom of the Press and Expression in Turkey

7/30/2019 Freedom of the Press and Expression in Turkey

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1 Center or American Progress | Freedom o the Press and Expression in Turkey

Freedom of the Press and

Expression in TurkeyMax Hoffman and Michael Werz May 14, 2013

Te issues o press reedom and reedom o expression in urkey have or several years

atraced a grea deal o atenion and provoked exensive debae boh in urkey and

in oher Wesern counries. Dozens o journaliss criical o he governmen have been

jailed, and hey nes have been levied agains media oules seen as opposing he ruling

Jusice and Developmen Pary, or AKP.1 Te perceived deerioraion o he siuaion

has raised concerns abou he course and characer o urkish democraic developmen.

Tis brie provides poliical conex, hisorical background, and sraegic analysis o his

problem, and oers seps ha he Unied Saes can ake o help address he siuaion.

Te inenion is o broaden he discussion and improve undersanding o he issue

among a wider audience, paricularly in Washingon, D.C., in he hopes o encourag-

ing greaer U.S. engagemen. Wha ollows is based on secondary research, exensive

inerviews wih urkish journaliss, ediors, and ouside expers, and working-group

meeings in Isanbul and Washingon, bringing ogeher prominen urkish journaliss

and U.S. and European expers.

Our goal is no o provide an exhausive exploraion o he curren sae o press or media

reedom in urkey, nor is i o provide new daa on he exac number o jailed journaliss

or he characer o heir alleged crimes. Tere are a number o inormaive repors ha

provide hose deails and include insighs on he curren sae o press reedom in urkey.

Marc Pierini, a ormer EU ambassador o urkey, has perhaps he mos up-o-dae and

balanced sudy.2 Te Commitee o Proec Journaliss plays an imporan role in rack-

ing he exac number o jailed journaliss, monioring heir legal saus, and advocaing on

heir behal; heir websie and recen repors have deailed breakdowns o hese issues. 3

Te Organizaion or Securiy and Co-operaion in Europe and he U.S. Deparmen o

Sae boh exhausively rack he rials o journaliss and evaluae he broader human-righs

environmen in urkey, and heir periodic repors conain a wealh o inormaion.4

By undersanding he hisorical sensiiviies eeding he curren poliical crisis in urkey,

oulining he suppression o cerain orms o poliical discourse, and examining he

issue in he conex o U.S. engagemen wih urkey and he wider region, a new picure

emerges. Te Unied Saes wans urkey o be a capable and secure democraic parner

wih whom i can engage he broader Middle Eas, and hereore i should more clearly


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voice is concerns abou he deerioraion o press reedom and reedom o expression

in he domesic poliical conex. Given he wave o popular mobilizaion in he region

and he careul negoiaions beween he urkish governmen and Kurdish separaiss,

i is more imporan han ever o preserve he democraic naure o he urkish model,

which we discuss in more deail below.

Historical context

o undersand he curren poliical siuaion and he imporance o reinorcing demo-

craic principles over he coming years, i is necessary o provide some hisorical conex

o press reedom and reedom o expression in urkey.

During he lae 1980s and early 1990s, journaliss were argeed and someimes killed

by acors ranging rom ulranaionaliss o Islamiss, ar leiss o he Kurdish Workers

Pary, or PKK, who seek Kurdish auonomy and greaer legal and culural proecions.

Curren Prime Miniser Recep ayyip Erdoans AKP has successully deused much ohe violence ha characerized he exreme polarizaion o urkish sociey in hose years

since coming o power in 2003. Bu he 2007 murder o urkish-Armenian edior Hran

Dink, sho ouside his newspapers oces in Isanbul or advocaing ocial recogniion

o he Armenian genocide,5 served as a reminder ha he violence underlying poliical

ensions and reedom o expression in urkey has no disappeared.

The Kurdish issue, as it is delicately reerred to in Turkey, is one major

historical legacy shaping the current political environment and aecting

press reedom. Approximately 15 million Kurdsan ethnic and linguistic

minority inhabiting parts o Turkey, Syria, Iraq, and Iranlive in Turkey

today,6 with the vast majority being ully integrated into Turkish society

and many living in major urban centers, particularly Istanbul.

Despite widespread acceptance o Kurds and their integration with

broader Turkish society, or decades the ultranationalist Turkish state

attempted to suppress Kurdish cultural and linguistic diversity, banning,

or example, the use o the Kurdish language until 1991.7 The remnants

o this repression remain visible, as the politics surrounding the Kurdish

language and culture are still hotly debated, particularly in the heav-

ily Kurdish southeast, and nationalists continue to use ears o Kurdish

autonomy to appeal politically to older Turks raised on strict Kemalist

doctrine. The PKK, a ar-let guerilla group labeled a terrorist organiza-

tion by Turkey, the United States, and the European Union, has also

exploited these ears to continue their decades-long struggle or Kurdish

independence and autonomy. More than 40,000 people have died in this

ght since the 1980s.8 Several peace initiatives have been introduced

and ailed over the past decade, and violence, while down rom its pea

in the mid-1990s, has continued.

The AKP has worked to address some o the cultural concerns o the

Kurdish minority, allowing the use o Kurdish language and permitting

peaceul Kurdish political mobilization. Nonetheless, most Turks have be

educated in highly nationalist curriculums and remember the violence o

the PKK movement, and are thus deeply wary o any hint o separatism.

This has led to pressure on the AKP to continue security operations again

the PKK and to avoid concessions to the Kurds. The extreme sensitivity

o the Kurdish issue in Turkish politics means it bleeds into areas such as

reedom o the press. Many reporters or editors reporting on PKK activiti

or discussing Kurdish cultural or political activities have aced censorship

arrest, threats, or outright violence.

In this context, shaping a lasting and peaceul solution to the Kurdish iss

has proved dicult. The past six months have seen considerable progres

however: A ceasere negotiated between the government and Abdullah

calan, the PKKs jailed leader,9 has led to a wider peace initiative and th

best chance or a settlement since the confict began.

The Kurdish issue


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Since he AKPs elecoral success in 2002, he counry has seen a remarkable period o

economic growh, poliical reorm, and relaive sabiliy. Tis has given he pary he

chance o insiuionalize he changes i has brough o he urkish sae such as greaer

legal and culural recogniion o Kurdish and Armenian minoriies. Te pary was

ormed as a broad alliance o religious conservaive paries ha were previously banned

under urkeys secular consiuion, members o he newly emergen Anaolian middle

class, social conservaives, and liberal elemens ha were rusraed wih he incumbenRepublican Peoples Pary, or CHP.

Elecoral success and economic growh has also made Prime Miniser Erdoan one o

he mos inuenial leaders in he Middle Eas. Tis clou was visible during his our o

he Arab world ollowing he upheavals o 2011he was greeed by cheering hrongs

a nearly every sep. His and urkeys populariy increased alk o a urkish model o

democraic developmen, secular governmen compaible wih Islamic conservaism,

and economic growh. Te urkish model means many hings o many people hrough-

ou he region bu is undoubedly one narraive open o moderaes seeking o shape new

poliical culures in he wake o he Arab Spring.10

Te AKPs rise o power was a maniesaion o rends ha began in he 1980s, when

cener-righ Prime Miniser urgu zallaer presiden rom 1989 o 1993oversaw

he opening o new economic markes and he modernizaion o he urkish economy.

Tis process had uninended consequences or he counrys esablished elieshe ar-

righ Naionalis Acion Pary, civilian adminisraors, powerul Isanbul oligarchs, and

inuenial miliary leadershipwho had long beneed rom he srong sae and mili-

ary apparaus buil by Musaa Kemal Aark.11 Te macroeconomic condiions, lib-

eralizaion o he urkish economy resuling rom zals reorms, and deepening rade

ies o he Middle Eas all conribued o rapid urban growh in Anaolia and he rise oan Anaolian business class, which would become a crucial consiuency or he AKP. By

2011, when Erdoans AKP secured 50 percen o he popular voe,12 more han 20 ciies

in cenral and easern urkey were each generaing more han $1 billion o rade.13

Te emergence o hese new ceners o economic power in Anaolia over he pas wo

decades has had proound poliical repercussions. Many among he new Anaolian busi-

ness classes resened he clienelis naure o he Kemalis elie, cenered on paronage

and loyaly o sais docrine, and came o closely associae wih he poliical coaliion

behind he AKPs rise and elecoral success. Te more virulenly naionalis elemens o

he Kemalis camp only conribued o hese suspicions and resenmens by atemping o

sie dissen and reedom o expression by oulawing Islamis poliical paries and banning

symbols o culural or religious diversiy such as he headscar or he Kurdish language.

Te Kemalis old guard could claim he manle o consiuional legiimacy or much o

his process, deending he consiuion ha is sill in place odaywriten under mili-

ary rule in he early 1980swhich limis culural and poliical liberies, requires he


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counry o be governed loyal o he naionalism o Aark, and assures he miliary

considerable poliical inuence.14 Despie his veneer o legiimacy, democraic prin-

ciples were repeaedly ignored hrough his process. In 1997, or example, he miliary

orced ou he governmen o he AKP-predecessor Welare Pary in he so-called

pos-modern coup, arguing ha he religious conservaive movemen had become a

hrea o urkish securiy.15 Prime Miniser Erdoan himsel, hen he mayor o Isanbul,

was imprisoned or a shor ime in 199816 or reciing a poem proesing he ban o heWelare Pary, which auhoriies deemed was inciing religious hared.

Despie hese hurdles, he reconsiued and modernized religious-conservaive-reorm

movemen, now under he umbrella o he AKP, managed o win a large majoriy in

parliamen in 2002, due in par o widespread anger a ocial corrupion and he sae

o he economy. Given he hisorical ear o he urkish deep saehe conspiraorial

sais and corporais elemens ha many urks sill believe run he miliary and inelli-

gence apparauseshe legacy o repeaed miliary coups, and he recen memory o he

1997 miliary inervenion and subsequen banning o he Welare Pary, i is unsurpris-

ing ha upon gaining power in 2002 he AKP moved quickly o curb he inuence o hemiliary and oher branches o he Kemalis esablishmen ha i el hindered he bur-

geoning democracy and hreaened he pary. Te pary s reorms, accomplished over

many years, included abolishing he miliary cours ha had been inuenial in siing

dissen, loosening resricions on he press and religious or culural expression, assering

civilian auhoriy over miliary commanders, and pushing o rewrie he consiuion.

Te AKPs democraic iniiaives had a number o posiive oucomes. Firs, because he

religious-conservaive movemen had been sied hrough many o he same ools ha

he securiy apparaus used o repress urkeys Kurdish minoriy, he AKP broke down

many o he aboos ha had surrounded discussion o he Kurdish issue. Second, realprogress was made on he longsanding urkish inenions o join he European Union.

Te AKP requenly urned o he European Cour o Human Righs and made signi-

can progress implemening he reorms needed or EU membership, oen using he EU

accession process as a way o couner he inuence o he old elie, paricularly wihin

he judiciary. Finally, in par because he AKPs elecoral vicory was such a waershed

even in urkish poliical hisory, and in par because he pary had so recenly expe-

rienced censorship and repression, he AKP accession promped a proound opening

o he urkish poliical debae. From 2002 o 2009 numerous opics o discussion ha

had previously been banned rom public discoursesuch as he saus o he Kurdish

minoriy, urkeys hisory wih Armenia, and he role o he miliary in poliicswere

openly and vigorously debaed in parliamen.17

Te AKPs consolidaion o civilian conrol and is breaking down o religious and

culural aboos was deeply disrupive and hreaening o many o he elie urks raised

on he sric Kemalis docrine o secularism, saism, and miliary presige. Tis shaped

a siuaion o muual paranoia, wherein all sides o he poliical debae harbored deep


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suspicions regarding he moives o heir opponens, and longsanding grudgesoen

inensely personalanimaed many poliical acions.

Tis muual suspicion is sill srong in urkey oday. Kemaliss and many secular urks

express ear o a creeping Islamis akeover or concern abou conservaive religious

groups presence in he police orces and he judiciary. Meanwhile, ears o he deep

sae and misrus o he miliary remain powerul among AKP circles, despie consider-able improvemens in civilian conrol o he miliary. I is in his conex ha concerns

have grown ha he cycle hrough which he AKP oversaw a necessary rerenchmen o

he Kemalis securiy apparaus has gone oo ar, and ha he AKP has begun o assume

some o he repressive characerisics o he regime in whose shadow i was originally

ormed. Agains his backdrop, and because so much o he AKPs coaliion was ormed

around a criique o illegiimae use o power, Prime Miniser Erdoans increasingly

aggressive responses o criicism rom he press is especially roubling.

Strategic concerns trump democratization issues

Sraegic concerns have dominaed policy discussions o urkey in Washingon, D.C.,

or several years. Presiden Barack Obamas adminisraion has worked hard since 2009

o renew ies wih urkey and culivae Prime Miniser Erdoans AKP as an imporan

parner and inerlocuor in he region. As such, U.S. ocials and policy analyss ocused

on dening a cooperaive regional agenda, improving securiy ies, widening economic

access, and working o resolve he longsanding Kurdish issue. Quesions surrounding

urkeys ongoing democraizaion, including issues o press reedom and reedom o

expression, were hereore oen sidelined.

Te diplomaic hinking was sound in 2009urkey was, and is, a NAO ally, a democ-

racy, an imporan regional miliary power, and a as-growing economy wih increasing

ies o he Levan. Te relaionship beween he wo naions had deerioraed during he

George W. Bush adminisraion and needed renewal. urkey had held successive ree and

air elecions or nearly a decade, overseen imporan economic reorms, made imporan

and highly symbolic concessions o is Kurdish minoriy, and was beginning he process

o rewriing and updaing is consiuion. Addiionally, due o economic ies and he

Kurdish populaion in he souheas region o he counry, urkey was likely o play an

imporan role in shaping he uure o Iraq aer he American wihdrawal. Te possibiliy

o escalaing ensions wih Iran regarding is nuclear program also loomed on he horizon.

Despie being a close U.S. ally and regional counerweigh o Iran, urkey is dependen on

Iranian energy resources and hereore crucial o any ighening o sancions on ehran o

complemen he Obama adminisraions diplomaic eors.

For all o hese reasons, he Obama adminisraion placed sraegic concerns a he hear

o he U.S.-urkish bilaeral relaionship. Te Unied Saes did no explicily sideline


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issues o democraizaion, bu hese issues were superseded by more pressing concerns.

Tis sraegic ocus was len urher urgency by he poliical upheavals ha swep he

region in 2010 and 2011 and by he coninuing violence in Syria, which le he Unied

Saes searching or sable allies in he region.

As a resul, issues o democraic reorm los signicance or many in he policymaking

esablishmen. Prime Miniser Erdoans repeaed elecoral v icoriesincreasing heAKPs share o he voe in boh 2007 and 2011and his growing personal dominance

o urkish poliics elicied concern rom civil-sociey aciviss, who worried abou his

rigidiy in response o criicism, bu ocials in Washingon and Ankara largely relegaed

such concerns o second-ier saus.

Te sidelining o press reedom, minoriy righs, and judicial reorm now hreaens o

impac he join sraegic projec being advanced by he Unied Saes and urkey o

esablish secure and democraic governance in he region and oser economic growh.

Te ac ha urkey has regressed on issues o press reedom and salled on judicial

reorms undermines he persuasive power o he urkish democraic model in he widerregion. In a parliamenary sysem, public opinion is an imporan check on poliical

power. Te legiimacy o eleced governmens is ied o he ree exchange o opinions,

ideas, and criicismhis is how he public compels poliical auhoriies o remain

accounable on a daily basis.I Prime Miniser Erdoan and he AKP are serious abouovercoming urkeys undemocraic radiions, hen mainaining and deepening ree-

dom o expression and permiting dissening voices in he public sphere is criical.

Given he urmoil in he region, wih many nascen poliical movemens searching o

dene heir uure pahs, urkey canno aord o come across as undemocraic or as

cracking down on reedom o expression. Te issue o press reedom is a he core ourkeys developmen as a modern democracy. Vigorousand oen conroversial

inernal debae is necessary o help reinorce urkish leadership in he region and he

sraegic parnership wih he Unied Saes.

A key juncture in Turkish politics

Te nex wo years will be remendously imporan in direcing he nex phase o urkish

democracy, wih he rewriing o he consiuion, he proposed shi o a sysem embrac-

ing a srong presidency, he ongoing reorm o he judiciary, and coninuing oureach o

PKK leader Abdullah calan and negoiaions wih eld elemens o he PKK all currenly

underway. Each o hese processes requires a srong and vigilan press o voice criicism

and provide oversigh, meaning i is crucial ha he reedom o he press be proeced.

Te role o he press is len urher imporance by he curren lack o serious poliical

opposiion o he AKP. Te primary opposiion paryhe CHPis sill undergoing


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a long-erm reshufing o widen is appeal beyond he urban elies and remove some

o he old guard, who have so closely associaed he pary wih he excesses o he old

Kemalis srucure. Te exended period o AKP dominance has allowed i o consoli-

dae conrol o he cours and weaken he miliarys poliical inuence. Bu his consoli-

daion, even i necessary or naural aer a decade o rule, has le he press as he only

governmen oversigh body and as such has perhaps helped make i a arge or he AKP,

which has developed an increasingly conronaional relaionship wih criical journal-iss and news oules.

Te salled EU accession process has also played a role in esablishing his dynamic.

Troughou he early 2000s, his process had incenivized urkey o underake impor-

an reorms and proec democraic processes, bu he European Unions economic

hardships and he wariness o many European poliicians o suppor urkeys bid

have ogeher made accession a less-enicing prospec han i was or much o he pas

decade. Tis has mean ha progress on meeing he EU membership requiremens has

slowed and ha criicism rom he European Union, which had previously been inuen-

ial in pushing urkish reorms, is increasingly ignored. Given he Unied Saes relaivesilence on press reedom in urkey and clear prioriizaion o oher issues in he region,

here are ew ouside voices holding he AKP accounable.

Political journalism in Turkey

Te issues oulined above have led he urkish adminisraion o asser increasing conrol

over he poliical debae in he counry and have led o meaningul lapses in democraic

governance. Prime Miniser Erdoan wans o be remembered as a ransormaive leader

who esablished legiimae democraic governancehe bookend o Aark himsel inmodern urkish hisoryand inends o esablish a presidenial sysem wherein he can

coninue o govern aer erm limis end his ime as prime miniser in 2015. 18

Despie hese goals and his record o accomplishmens since 2002, Prime Miniser

Erdoan has come o view any criicism o his governmen as a personal atack. Despie

he measured reorms and removal o many aboos, urkish poliical culure and jour-

nalism are boh inensely personal. For many in urkey, poliical disagreemens end

wih paricipans debaing a person raher han an idea and engaging in ad hominem

atacks. Someimes provoked by journaliss viriolic atacks, poliiciansincluding he

prime miniser himseloen menion criics by name in prin or in speeches, which

can lead o hreas or inimidaion rom unscrupulous supporers. Te prime miniser

has also led ve libel suis agains journaliss or personal atacks since 2005.19 While

some o he criicism or which Prime Miniser Erdoan has sued is disaseuldepic-

ions o he prime miniser as an animal, or example20he poliical power o his oce

is such ha hese lawsuis have a chilling eec on legiimae poliical debae. Given his

overwhelming poliical power, Prime Miniser Erdoan would do beter o rise above

such slighs and work o cemen a new preceden or poliical leadership.


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So ar, he governmens behavior has ended oward greaer repression. Bu a disclaimer

is necessary beore delving ino he deails o he imprisonmen o journaliss and media

ownership, as well as direc and indirec censorship in urkey. While hese are very seri-

ous concerns demanding atenion and resoluion, comparisons o urkey o auhori-

arian counries such as Iran, China, or Norh Korea are o base. Some organizaions

monioring he siuaion in urkey have drawn such comparisons in order o atrac

atenion o he pligh o imprisoned journaliss, and while heir moives may be good,such overreach undermines he wider poliical eor o ensure reorm, as i provides he

governmen wih he opporuniy o dismiss all ouside criicism as overhyped. urkey

oday is more democraic han in he pas, i perhaps less socially liberal. Te counry

has, in many ways, a healhy civil sociey, enshrined civilian auhoriy, and a vibran

poliical debae. While here is sill work o be done, we should no dismiss how ar he

counry has come since he pos-modern coup o 1997.

Jailed journalists

As o he end o 2012, urkey had imprisoned a leas 49 journaliss or heir repor-

ingmore han any oher counry in he world.21 As Joel Simon, execuive direcor o

he Commitee o Proec Journaliss, has writen, urkey has no business being he

worlds leading jailer o journaliss.22 urkish civil sociey is vibran; is elevision shows

are enjoyed hroughou he Middle Eas. And he AKP has grown is share o he popu-

lar voe in hree successive, legiimae naional elecions.23 Wha reasonable explanaion

could here be or such widespread imprisonmen o journaliss?

A sudy by he Carnegie Endowmen or Inernaional Peace24 shows ha he jailing o

journaliss is linked o he lack o a resoluion o wo larger issues: he ongoing Kurdishunres and he role o he miliary in urkish poliics. O course, hose wo issues are in

urn associaed wih he judicial-reorm process and he draing o a new consiuion o

replace problemaic remnans o he miliary consiuion ha sill governs he counry.

Te exising consiuions broadly dened laws governing naional securiy and errio-

rial inegriy provide ample room or abuse by overzealous prosecuors, while he win

ears o he miliary deep sae and Kurdish separaism lead o prosecuions o hose

who may be engaged in legiimae reporing or poliical advocacy.

Te majoriy o imprisoned journaliss are Kurds charged under he remi o Aricle 314

o he urkish Criminal Code or under he urkish Ani-error Law. According o he

Organizaion or Securiy and Co-operaion in Europes mos recen sudy o he issue in

Augus 2012, 68 percen o urkish journaliss in prison were jailed on charges relaed

o he Kurdish issue; 13 percen were relaed o he ongoing Ergenekon rial o alleged

righ-wing coup ploters;25 and 19 percen were jailed on assored oher charges.26

Boh Aricle 314 o he urkish Criminal Code and he urkish Ani-error Law are

overly broad and poorly dened, leaving hem open o abuse by prosecuors and judges


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or a wide array o reasons. Te urkish Ani-error Law, or example, declares i a crime

o prin or publish declaraions or announcemens o erroris organisaions.27 Te law is

inended o arge hose dispensing erroris propaganda bu leaves open he possibiliy o

prosecuion or any number o journaliss rying o cover he aciviies o he PKK or oher

erroris groups. Te Ani-error Law also deems anyone a erroris i he or she is a mem-

ber o an organisaion wih he aim o changing he atribues o he Republic as specied

in he Consiuion, he poliical, legal, social, secular or economic sysem.28 O course, hecurren consiuion was writen under miliary rule, and any number o legiimae polii-

cal acors wan o change he atribues o he Republic as specied in he Consiuion,

making his a paricularly problemaic clause or a modern democracy.

urkish governmen ocials are quick o poin ou ha some o he imprisoned journal-

iss were probably members o he PKK, labeled a erroris organizaion by urkey, he

Unied Saes, and he European Union.29 Equally, here are journaliss imprisoned who

are clearly no members o he PKK or even advocaing on he organizaions behal.

Even delving ino he deails o individual cases, i is very dicul o know he ruh, and

herein lies anoher cenral problemhe lack o ransparency surrounding he process.Governmen sources claim ha a number o jailed journaliss were in ac engaged in

illegal aciviies, while he Commitee o Proec Journaliss ound ha here was no

sucien evidence o deermine guil, according o heir invesigaion.30 Te ac ha

his is a mater o debae beween governmen ocials and heir supporers and a non-

governmenal organizaion is in isel a condemnaion o he lack o ransparency and

due process under he law when i comes o prosecuing journaliss.

Te abuse o he Ani-error Laws broad provisions has provoked criicism rom

he U.S. Deparmen o Sae, he European Commission, he Council o Europe

Commissioner or Human Righs, he U.N. Human Righs Commitee, he Commiteeo Proec Journaliss, and he Carnegie Endowmen or Inernaional Peace.31 Te

urkish governmen has every righ o deend urkish ciizens, he sae, and is er-

riorial inegriy and o prosecue erroriss. Te impasse, however, is rooed in wha

has been, unil recenly, a mosly miliary approach o he Kurdish issue. Te criicism

comes abou because o he requency wih which prosecuions end o arge hose who

could claim o be merely reporing on PKK aciviies, a reasonable journalisic pursui,

while no being members o he group hemselves. As Marc Pierini, ormer EU ambas-

sador o urkey, has writen, he judicial sysem ends o blur he line beween he

inenion o incie, praise, legiimize, or relaivize erroris violence and he expression o

an alernaive, criical, or even disurbing opinion.32

Te soluion o he issue o imprisoned journaliss cerainly lies in he dual need or a new

consiuion and judicial reorm. A new consiuion could eliminae he legal loopholes

ha allow or he prosecuion o poliical opponens under overly broad legal jusica-

ions. Te oher issues linked o imprisonmen are largely a resul o badly needed judicial

reorm and proper due process. Many journaliss are charged and hen held in prison or


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exremely long periods o prerial deenion, and heir release on bail is uneven and unpre-

dicable. Deendans and heir lawyers repeaedly complain o a lack o access o evidence,

while hose rying o monior he rials are oiled by he uter lack o overall ransparency.33

A new consiuion could also conribue o he permanen peaceul resoluion o he

Kurdish issue hrough consiuional proecions or minoriy righs.

I is ime or urkey o ruly embrace he role o a conden democracy by allowing heopen debae o hese issues, paricularly he Kurdish quesion. Te AKP is he dominan

orce in urkish poliics, enjoying elecoral legiimacy and broad populariy, and here-

ore should be encouraging such discourse raher han siing i hrough he shadowy

use o oudaed securiy laws or judicial malpracice.

Media ownership

urkeys crisis o press reedom exends beyond he ourigh silencing o journaliss

hrough imprisonmen. Te governmen and is allies have also uilized more subleorms o pressure in recen years. Much o he problem sems rom he consolidaion o

major media holdings over he pas wo decades and he cross-ownership o media ou-

les by large conglomeraes. Te Council o Europe Commissioner or Human Righs,

he European Commissions 2012 Progress Repor, and he U.S. Sae Deparmens

Human Righs Repor have all idenied he cross-ownership o media oules as a

hrea o reedom o he press in urkey.34

Tis cross-ownership o media eniieswherein large conglomeraes wih major

economic ineress in oher secors such as consrucion or energy conrol media ou-

lescan open up reporers, ediors, and owners o a variey o pressures. Companieswih ineress across economic secors oen rely on governmen conracs or regulaion,

leading o siuaions where hey are asked or decide o apply pressure o limi poliical

criicism, which could jeopardize hose ineress or conracs. While smaller companies

are no as inuenced by poenial pressure on wider business ineress, big conglom-

eraes are under remendous pressure. Numerous urkish journaliss cied insances

where hey were old o one down governmen criicism or had columns pulled because

o such concerns. Tis pressure maniess isel in direc pressure on news-oule owners

rom governmen ocials and more suble orms o sel-censorship rom ediors and

journaliss araid o dismissal.

Te independen hink ank urkish Economic and Social Sudies Foundaion, or

ESEV, has documened ha he urkish media marke came o be dominaed by

several cross-secor companies hrough a series o mergers ollowing he end o he

sae monopoly over broadcasing in he 1990s.35 As can be seen rom he able on he

ollowing page, his consolidaion o holdings has led several companies o dominae he

urkish media scene, across dieren mediums.


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Te case o Doan Group illusraes his poin mos clearly. In 2009 he urkish auhori-

ies levied a $2.5 billion ne agains Doan Group, hen he larges media company

in urkey, or unpaid axes.36 Te ne was widely viewed as a poliical move o punish

Doan or is media oules negaive coverage o he AKP and Prime Miniser Erdoan.

For weeks beore he ne was announced, Prime Miniser Erdoan spoke publicly

agains he opposiion press, elling his supporers a rallies, Don buy hese news-papers, hey are ull o lh and lies, adding ha audiences should senence hem o

povery.37 Such language, besides being inappropriae or he oce o prime miniser,

ends o undermine he ax auhoriies claims o an unbiased assessmen o he Doan

Groups al leged nancial improprieies.

Muliple sources in urkey described he ne agains he Doan Group as having a

chilling eec on journaliss, ediors, and media owners.38 For some urks, paricularly

hose in he opposiion media, he Doan ne was he highes-prole inciden in wha

seems o be a rend o ax or bankrupcy proceedings inended o silence opponens in

he press. Skepics poin o he unconesed aucion o he AV-Sabah media group in

2008, when he company held large shares o boh prin and elevision markes, by he

urkish Savings Deposi Insurance Fund, or MSF, o allies o Prime Miniser Erdoan,

including his son-in-law and broher, ollowing bankrupcy proceedings as a poin o

concern.39 Te unconesed sae aucion o a large media company o a close ally o

Prime Miniser Erdoan soked ears ha he prime miniser was seeking o assume

inormal conrol o he media.40

TABLE 1

Shares of media groups in advertising revenues (percent) 2011 and forecasts

for 2012

Company Year TV Newspaper Magazine Radio Internet

Doan Group 2011 36 58 30 8 20

forecast 2012 27 58 30 8 20

Cukurova Group 2011 12 3 6 6 1

forecast 2012 12 3 6 6 1

Turkuvaz Medya Group 2011 19 24 18 2 4

forecast 2012 19 24 18 1 4

Dou Group 2011 8 4 9 7

forecast 2012 20 4 9 7

Ciner Group 2011 2 1 3 2

forecast 2012 2 1 3 2

Other 2011 23 14 39 75 66

forecast 2012 20 14 39 76 66

Source: Dilek Kurban and Ceren Szeri, Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and

Freedom of the Press i n Turkey (Istanbul: TESEV, 2012).


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More sysemaic concerns exis as well, surrounding he leasing o broadcas requen-

cies, issuance o journalis credenials, and he problemaic Media Law, which saes ha

elevision broadcasers mus lease heir requencies rom he governmen, as sipulaed

in Aricle 26 o he consiuion, because hey are regarded as nie resources, mean-

ing he righs can also be revoked by regulaors a he Radio and elevision Supreme

Council, or RK.41 For journaliss criical o he governmen, obaining press cre-

denials can also become an issue; he governmen periodically denies credenials oopposiion newspapers.42 Finally, under curren law he governmen can prosecue and

ne media oules and journaliss, or example, or ill-dened oenses linked o naional

securiy, decency sandards, and libel.43 As wih he errorism laws, such poorly dened

legal sandards open he door o abuse and poliical prosecuions.

More subtle censorship

Faced wih his array o pressures, many journaliss and ediors pracice varied orms o

sel-censorship. Because o he examples made o criics hrough ourigh prosecuion,nes, or public menion by he prime miniser or oher ocials, many conclude ha is

no worh he risk o explore sensiive issues such as he PKK or he Ergenekon rial.

Several sources in urkey repored receiving deah hreas in he wake o public crii-

cism o he governmen or in response o paricularly conroversial columns on radi-

ional poliical aboos such as discussion o Kurdish poliical aciviies or he deah o

more han 1 million Armenians during and aer he Firs World War.

Journaliss and ediors also repor pressure on conen rom owners, leading o ears

o dismissal. Indeed, here are counless insances o columniss or journaliss being

dismissed or reusing o one down criicism or or breaking conroversial sories. Mosrecenly, veeran journalis Hasan Cemal was dismissed romMilliyetnewspaper or

deending he publicaion o minues rom a meeing beween represenaives o he

pro-Kurdish Peace and Democracy Pary, or BDP, and he PKK leader Abdullah ca-

lan.44 Te leaked minues provided odder or naionalis criics o he peace process,

angering Prime Miniser Erdoan, who publicly criicizedMilliyetand condemned

Cemals column on he subjec, declaring, I his is journalism, down wih i!45 Such

public condemnaion rom a siting prime miniser brough remendous pressure o bear

onMilliyets owner, who reused o publish a subsequen column and hen red Cemal.46

Te concerns o criics and ouside observers should no shroud he ac ha many own-

ers, ediors, and journaliss are quie happy o sel-censor or cooperae wih he auhori-

ies. Te moivaions or his cooperaion can vary rom poliical proximiy and personal

ies, o business ineress and a desire or access o inormaion, o a genuine yearning or

uniy on issues o naional securiy. Te blame or such censorship does no lie squarely

wih he governmen bu also has is roos in he varying qualiy o journalisic raining

and ehics across he proession in urkey.


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Solutions for a freer press in Turkey

urkey has made some progress in he pas six monhs o address he issue o press ree-

dom, bu undamenal reorms are sill needed.

Perhaps responding o inernaional and domesic poliical pressure, he number o

jailed journaliss dropped sharply rom 61 o 49 in December 2012 due o a number oreleases, according o he Commitee o Proec Journaliss.47 Helping his process was

progress on he Kurdish ron, wih direc negoiaions beween he AKP governmen

and Abdullah calan yielding a hisoric ceasere announcemen rom he jailed PKK

leader, who declared on March 21 ha i was ime o solve he arms problem wihou

losing ime or anoher lie.48 Tis opening may help ease one o he poins o ension

resuling in many o he charges agains journalisshe Kurdish issueand promp

he governmen o embrace a broader alleviaion o censorship.

Te mos recen posiive developmen is an amendmen o he Ani-error Law passed

on April 11, 2013. Te urkish Parliamen passed several AKP iniiaives o narrow hedeniions o prosecuable oenses, which are now limied o hose who voice opinions

deemed a clear and an imminen danger o public order or hose who promoe violen

acs.49 While his limied sep does no address he undamenal problems wih he judi-

cial sysem or he consiuion and sil l leaves room or abuse under he public order

clause, i is neverheless a posiive developmen.

Numerous repors have oulined in deail he seps necessary or urkey o overcome his

problem and ully insiuionalize a vibran and ree press. Firs, urkeys EU accession

process was a uniying hread ha helped incenivize democraic governance, preven he

excesses o he securiy apparaus, and encourage reorms hrough he early AKP yearsand hope is needed on ha ron. While poliicians in urkey have soured on EU accession

o lae because o Europes economic woes and he dismissive atiude o cerain European

leaders,50 urkeys enry ino he union is in he ineres o all paries.

Second, urkey needs a new consiuion. A modern democracy has no business being

governed by a consiuion writen under miliary rule. Te new consiuion mus

prioriize he proecion o minoriy righs and reedom o expression. Tis is no jus

mean as a proecion or Kurds and oher minoriies, bu also represens he only pah

o a peaceul, democraic urkey, and will unleash new economic poenial in previously

marginal areas. Furher, consiuional reorm should include he removal o he mos

problemaic cach-all phrases and clauses in he curren consiuion, paricularly hose

regarding insuling he sae or urkishness. I Prime Miniser Erdoan wans o be

remembered as urkeys democraic leader, hen his should be his overarching goal.

Tird, alongside he process o consiuional reorm, he AKP mus coninue o pursue

he evenhanded reorm o he broken judicial sysem. Te our judicial-reorm packages


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passed since 200251 represen incremenal progress, bu he governmen would now

be bes served by bringing is ull atenion and resources o bear on he problem. As

i sands, people accused o crimes spend ar oo long in jail awaiing rial, and release

pending a rial is uneven and unair.52 Relaed o his problem, rials proceed oo slowly,

conribuing o he problem o long prerial deenions and leading o nancial and per-

sonal srain on he accused. oo oen in urkey, he accused are reaed as guily beore

due process has been served. Te accused and heir legal counsel mus have ull access oevidence, and he cloud o secrecy surrounding poliically sensiive prosecuions should

be removed. Tis will allow or greaer accounabiliy and will preven overzealous pros-

ecuors, oen eager o gain avor by going aer criics o he governmen, rom abusing

he broad deniions wihin he media law or he Ani-error Law.

Fourh, he Kurdish issue mus be addressed hrough negoiaion; miliary orce alone

will no solve he problem. o is credi, he AKP has begun his process, and negoia-

ions coninue wih he deparure o PKK ghers rom urkish soil pending a broader

amnesy agreemen.53 Much can sill go wrong in his raugh poliical process, bu he

AKP has nally acknowledged ha he only real way o end his sruggle is o win hedebaeno resor o orce. And, o course, in order o win he debae, he AKP mus

allow he debae o ake place.

Finally, he Unied Saes can and should do more o encourage is parner o more ully

embrace is role as a modern democracy. All repors rom boh sides indicae ha Prime

Miniser Erdoan values his relaionship wih Presiden Obama very highly. Beyond

his personal relaionship, urkey and he Unied Saes share many sraegic goals and

a valuable miliary alliance. While policymakers mus assess he value o public pro-

nouncemens given he poliical siuaions in boh counries, privae or personal appeals

rom Presiden Obama migh promp acion rom Prime Miniser Erdoan. PresidenObama, Secreary o Sae John Kerry, and oher members o he U.S. governmen

should make clear o urkish ocials ha he parnership does no end wih miliary or

sraegic consideraions. While making clear ha urkish democracy will coninue o

reec urkish culure and hisory, U.S. leaders mus show ha hey consider reedom o

he press o be non-negoiable.

Conclusion

Te course o consiuional and legal reorm in urkey over he nex wo years, along wih

he ae o he PKK negoiaions, will likely decide wheher he evens o he pas ve years

represen eiher a necessary, i someimes unpleasan, correcion aer so many years o

miliary and Kemalis dominaion or a longer-erm deerioraion o democraic norms in

urkey. Te 2014 presidenial elecions may also reveal he exen o which he curren con-

roversies are he produc o specic leadership personaliies or a case o he amiliar ools


15/18


o power wielded by new hands. I is unclear wheher a gure less dominan han he prime

miniser would exer less conrol over he press or i he problem is more insiuional.

Bu he blame mus no be placed solely on he governmen, which is laboring under an

oudaed consiuion and mus deal wih a subborn opposiion ha misruss is inen-

ions. urkish poliics mus coninue o address he wider problem o a poliical culure

where he line beween personal insul and oudaed noions o honor and legiimaecriicism or debae is blurred. urkish sociey has also no undamenally decided wha

balance o securiy and reedom o expression is righ or heir counryshould repor-

ing on bombings or carrying he saemens o separaiss be considered criminal? Te

quesion o media ownership is also horny, wih no indicaion ha he rend oward

consolidaed ownership o news oules by large conglomeraes is slowing.

Te owners o large media companies also oen have a wide range o business ineress

wih he governmen and ear ha criiquing he AKP could negaively impac govern-

men conracs or oher business operaions. Tese overlapping ineress and owners

ears o governmen backlash have undoubedly conribued o he curren crisis opress reedom, wih many proprieors applying pressure o journaliss or ediors who

criicize he governmen. Indeed, a 2011 survey o op journaliss by Bilgi Universiy

demonsraed he win pressures acing journaliss and ediors, wih 95 percen o hose

surveyed reporing governmen inererence in news producion and 85 percen repor-

ing inervenion by media owners.54

Wha is cerain is he cenral imporance o press reedom o he enrenchmen o demo-

craic norms in urkey. For nongovernmenal organizaions here is room o help moni-

or he siuaion and provide venues and suppor or independen journalism. Funding

reelancers or helping se up independen publishing oules along he lines o ProPublicacould help circumven many o he pressures placed on journaliss in urkey. A orm o such

adapaion is already going on wih he rise o social media and he large online ollowings

op journaliss have acquired, bu nancial and insiuional suppor are sill lacking.

Te Unied Saes has a clear ineres in ensuring press reedom in urkey. Tis ineres

exends beyond any general desire o promoe democraic governance and reedom o

expression and encompasses imporan sraegic concerns. And he Unied Saes can be

orhrigh in expecing more rom urkeys leaders. Veeran U.S. Ambassador o urkey

Frank Ricciardone has been ouspoken on he subjec o poliical inervenion in he

urkish press and has said ha here is no need or high-level urkish ocials o con-

sanly inervene.55 Ambassador Ricciardone is righ o quesion he governing parys

eors o suppress opinion.

Given urkeys hisory o coups and censorship, and he pluralism and diversiy pres-

en in he early years o he AKP governmen, i is hard o undersand why he prime

miniser and some o his cabine members would risk hose achievemens, promp a


16/18


backlash rom urkish sociey, and damage he counrys inernaional repuaion by

atemping o sie dissen. Prime Miniser Erdoan and he AKP are srong enough and

enjoy sucien legiimacy o allow dissen and debae. Cracking down on such aciviies

is a sign o weakness, no srengh. Furhermore, he prime miniser and his pary have

he opporuniy o se a new one in he poliical debae and o enrench a more open

poliical culure.

Former Secreary o Sae Hillary Clinon argued ha, Te sruggle or human righs

begins by elling he ruh over and over again, arming ha he Unied Saes will

sand wih hose who seek o advance he causes o democracy and human righs wher-

ever hey may live.56 Tis discussion represens he nes American radiioneven

when here are poliical coss o advancing such issuesand i is in he U.S. ineres o

deend reedom o speech in close sraegic allies such as urkey.

Foreign policy and bilaeral relaions have become increasingly democraized in his

modern era, requiring more debae and engagemen on quesions o legiimacy, and

inermesic concerns have gained prominence. Secreary Clinons drive o engagesocieies in addiion o governmens recognized his phenomenon, and his approach

should be more ully exended o urkey. Ta is precisely why Presiden Obama and

Secreary o Sae Kerry should consisenly raise he subjec in meeings wih Prime

Miniser Erdoan and Foreign Miniser Ahme Davuolu. I personal assurances are no

backed up by subsanive acion, more public exhoraions may be necessary.

Te Unied Saes and urkey have a solid sraegic parnership on which o build, bu in

he long run, deepening his associaionwhich is in boh counries naional ineres

and is sough by many on boh sideswill require a shared undersanding o reedom

o expression and reedom o he press.

Michael Werz is a Senior Fellow at the Center or American Progress. Max Homan is a

Research Associate at the Center.

Tis project was made possible in part by support fom the Open Society Foundationurkey.


17/18


Endnotes

1 Committee to Protect Journalists, Attacks on the Press:Turkey, available at http://www.cpj.org/2013/02/attacks-on-the-press-in-2012-turkey.php(last accessed May 2013);Ayla Jean Yackley, Turkey government hits media groupDogan with tax ne, Reuters, September 8, 2009, availa bleat http://uk.reuters.com/article/2009/09/08/turkey-dogan-idUKL815352620090908.

2 Marc Pierini, Press Freedom in Turkey (Washington: Carn-egie Endowment or International Peace, 2013), available athttp://carnegieendowment.org/les/press_reedom_turkey.pd.

3 Committee to Protect Journalists, Attacks on the Press.

4 Organization or Security and Cooperation in Europe,Updated List o Imprisoned Journalists in Turkey IncludingRecent Releases (2012); Bureau o Democracy, HumanRights and Labor, Country Reports on Human Rights Practicesfor 2012: Turkey(U.S. Department o State, 2012), availableat http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204348#wrapper.

5 Sebnem Arsu, Thousands in Turkey Protest Verdict inJournalists Murder, The New York Times, January 19, 2012,available at http://www.nytimes.com/2012/01/20/world/europe/in-turkey-thousands-protest-verdict-in-journalists-murder.html?re=hrantdink.

6 BBC, Prole: The PKK, March 21, 2013, available at http://www.bbc.co.uk/news/world-europe-20971100.

7 Nicole Pope and Hugh Pope, Turkey Unveiled: A History ofModern Turkey(Woodstock, NY: The Overlook Press, PeterMayer Publishers, Inc., 2011).

8 BBC, Prole: The PKK.

9 James Reynolds, Turkey Kurds: PKK chie Ocalan calls orceasere, BBC, March 21, 2013, available at http://www.bbc.co.uk/news/world-europe-21874427.

10 Peter Kenyon, The Turkish Model: Can It Be Replicated?,NPR, January 6, 2012, available at http://www.npr.org/2012/01/06/144751851/the-turkish-model-can-it-be-replicated; Gnl Tol, Erdogans Arab Spring Tour, MiddleEast Institute, September 21, 2011, available at http://www.mei.edu/content/erdogans-arab-spring-tour; For polling

on Turkeys popularity in the region and the attractive-ness o the Turkish model, see Mensur Akgn and SabihaSenycel Gndoar, The Perception o Turkey in the MiddleEast 2012 (Istanbul: TESEV, 2012), available at http://www.tesev.org.tr/Upload/Publication/9d969d5a-3076-4445-8a3-a5093c98a89/Perceptions2012.pd.

11 Michael Werz, The New Levant: Understanding TurkeysShiting Roles in the Eastern Mediterranean (Washington:Center or American Progress, 2010), available at http://www.americanprogress.org/wp-content/uploads/is-sues/2010/04/pd/turkey_levant.pd.

12 Jonathan Head, Turkey election: Challenges or Erdogansthird term, BBC, June 13, 2011, available at http://www.bbc.co.uk/news/world-europe-13749191.

13 Michael Werz and others, Ater Turkeys June Elections: AReview o Avenues or U.S. and Turkish Foreign Policy Co-operation in the Wake o Turkeys Parliamentary Elections(Washington: Center or American Progress, 2011), available

at http://www.americanprogress.org/wp-content/uploads/issues/2011/06/pd/turkey.pd.

14 University o Berne, Turkey Consitution, available at http://www.servat.unibe.ch/icl/tu00000_.html(last accessed May2013).

15 Darren Butler, Turkey detains our ex-generals over 1997post-modern coup, Reuters, February 14, 2013, availableat http://www.reuters.com/article/2013/02/14/us-turkey-army-coup-idUSBRE91D0OX20130214.

16 Stephen Kinzer, Turkey Charges Leading Politicians asThreat to Nations Unity, The New York Times, February 16,1998, available at http://www.nytimes.com/1998/02/16/world/turkey-charges-leading-politicians-as-threat-to-nation-s-unity.html?re=receptayyiperdogan.

17 Hrriyet Daily News Parliament Bureau, Interior MinisterAtalay outlines democratic initiative, November 13, 2009,available at http://www.hurriyetdailynews.com/deault.aspx?pageid=438&n=interior-minister-atalay-outlines-democratic-initiative-2009-11-13;Reuters, Turkey eyesnormal ties with Armenia ater election, February 21, 2008,available at http://www.reuters.com/article/2008/02/21/us-turkey-armenia-president-idUSL2178418920080221;Hrriyet Daily News, PM says govt to tour 81 cities toinorm nation about Kurdish move, November 13, 2009,available at http://www.hurriyetdailynews.com/deault.aspx?pageid=438&n=pm-says-gov8217t-to-tour-81-cities-to-inorm-nation-about-kurdish-move-2009-11-13.

18 Jonathon Burch, Turkeys Erdogan re-elected as partyleader, Al Arabiya News, September 30, 2012, available athttp://www.alarabiya.net/articles/2012/09/30/241068.html.

19 Committee to Protect Journalists, Attacks on the Press.

20 United Press International, Turkeys Erdogan sues overcartoon, March 3, 2005, available at http://www.upi.com/

Top_News/2005/03/03/Turkeys-Erdogan-sues-over-car-toon/UPI-26281109872137/.

21 Joel Simon, For Turkey, worlds leading jailer, a pathorward, Committee to Protect Journalists blog, December,11, 2012, available at http://www.cpj.org/blog/2012/12/or-turkey-worlds-leading-jailer-o-the-press-a-pa.php.The CPJis not the only source o inormation; see also Organizationor Security and Cooperation in Europe, Updated List oImprisoned Journalists in Turkey Including Recent Releases(2012); Pierini, Press Freedom in Turkey.

22 Simon, For Turkey, worlds leading jailer, a path orward.

23 mer Tapinar, Turkey: The New Model?, (Washington: TheBrookings Institution, 2012), available at http://www.brook-ings.edu/research/papers/2012/04/24-turkey-new-model-taspinar.

24 Pierini , Press Freedom in Turkey.

25 The Ergenekon trial is endlessly complex and controversialin Turkey, but is essentially a massive prosecution o seniormilitary ocers, civilian ocials, and journalists accused otrying to overthrow the civilian government, much like thepost-modern coup o 1997.

26 Organization or Security and Cooperation in Europe,Updated List o Imprisoned Journalists in Turkey IncludingRecent Releases.

27 Pierini, Press Freedom in Turkey.

28 Ibid.

29 Ibid.

30 Simon, For Turkey, worlds leading jailer, a path orward.


32 Ibid.

33 Again, there are a number o sources or these complaints,including the OSCE, CPJ, and numerous Turkish citizens, butPierini ofers an excellent summary. Pierini, Press Freedomin Turkey.

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18/18

35 Dilek Kurban and Ceren Szeri, Caught in the Wheels oPower: The Political, Legal and Economic Constraints onIndependent Media and Freedom o the Press in Turkey(Istanbul: TESEV, 2012).

36 Ayla Jean Yackley, Turkey government hits media groupDogan with tax ne, Reuters, September 8, 2009, availa bleat http://uk.reuters.com/article/2009/09/08/turkey-dogan-idUKL815352620090908.

37 Katrin Elger, Daniel Steinvorth, and Isabell Hlsen, ErdoganTakes on Media Mogul: Political Feud in Turkey Scares OfForeign Investors, Der Spiegel, March 25, 2009, available at

http://www.spiegel.de/international/world/erdogan-takes-on-media-mogul-political-eud-in-turkey-scares-of-oreign-investors-a-615422.html.

38 This exact phrase is used by many journalists and editorsin Turkey to describe the Doan incident. Marc Pierinialso echoes the same wording in his report. Pierini, PressFreedom in Turkey.

39 Reuters, Turkeys Calik media assets being evaluatedseparately sources, February 21, 2012, available at http://www.reuters.com/article/2012/02/21/calikholding-sale-idUSL5E8DH3KG20120221?eedType=RSS&eedName=cyclicalConsumerGoodsSector; Todays Zaman, Calik ofers$1.1 billion or ATV-Sabah, December 6, 2007, available athttp://www.todayszaman.com/newsDetail_getNewsById.action?load=detay&link=128758.

40 Joe Parkinson and Dana Cimilluca, Big Turkish Media GroupPut Up or Sale, The Wall Street Journal, January 6, 2012,

available at http://online.wsj.com/article/SB10001424052970204331304577144951953769474.html.

41 Dilek Kurban and Ceren Szeri, Caught in the Wheels oPower.

42 Todays Zaman, Opposition parties boycott AK Partycongress over media ban and Barzani, September 30,2012, available at http://www.todayszaman.com/news-293848-opposition-parties-boycott-ak-party-congress-over-media-ban-and-barzani.html.


44 Yavuz Baydar, Despite doubts, PKK much closer towithdrawal, Todays Zaman, April 9, 2013, available athttp://www.todayszaman.com/columnist-312130-despite-doubts-pkk-much-closer-to-withdrawal.html; Kerem Oktemtrans., Hasan Cemal, As I revisit my column, a ew words onjournalism, Free Speech Debate, April 12, 2013, availableat http://reespeechdebate.com/en/discuss/a-turkish-

journalists-censored-plea-or-press-reedom/. Yavuz Baydar,Milliyet daily a lame duck, as media crisis deepens, TodaysZaman, March 19, 2013, available at http://www.todaysza-man.com/columnist-310180-milliyet-daily-a-lame-duck-as-media-crisis-deepens.html.

45 Peter Preston, Turkey s voting or censors, The Guardian,March 23, 2013, available at http://www.guardian.co.uk/media/2013/mar/24/turkey-voting-censors-hasan-cemal.

46 Orhan Kemal Cengiz, What did the Hasan Cemal case showus, Todays Zaman, March 19, 2013, available at http://www.todayszaman.com/columnist-310194-what-did-the-hasan-cemal-case-show-us.html.

47 S imon, For Turkey, worlds leading jailer, a path orward.

48 Constanze Letsch, Kurdish leader Abdullah Ocalan declaresceasere with Turkey, The Guardian, March 20, 2013, avail-able at http://www.guardian.co.uk/world/2013/mar/21/pkk-leader-ocalan-declares-ceasere.

49 Susan Fraser, Turkey Amends Anti-Terror Laws to Protect

Rights, Associated Press, April 11, 2013, available at http://abcnews.go.com/International/wireStory/turkey-amends-anti-terror-laws-protect-rights-18934129.

50 Soner Cagaptay, Sarkozys Policy on Turkeys EU Accession:Bad or France?, The Washington Institute or Near EastPolicy, Winter 2007, available at http://www.washingtonin-stitute.org/policy-analysis/view/sarkozys-policy-on-turkeys-eu-accession-bad-or-rance; Kristina Karasu, Turkey andthe Euro Crisis: EU Membership Losing Its Appeal, DerSpiegel, August 14, 2012, available at http://www.spiegel.de/international/europe/turkey-and-the-eu-turks-question-advantages-o-eu-membership-a-849982.html.

51 Hrriyet Daily News, Turkeys 4th judicial package passesinto law with critical last-minute amendment, April 11,2013, available at http://www.hurriyetdailynews.com/turkeys-4th-judicial-package-passes-into-law-with-critical-last-minute-amendment.aspx?pageID=238&nid=44768.

52 Pierini , Press Freedom in Turkey.53 Al Jazeera, PKK sets date or withdrawal rom Turkey, April

26, 2013, available at http://www.aljazeera.com/news/eu-rope/2013/04/201342513922579836.html.

54 Freedom House, Freedom o the Press: Turkey, available athttp://www.reedomhouse.org/report/reedom-press/2012/turkey (last accessed May 2013).

55 U.S. Department o State, Embassy o the United States inAnkara, Turkey, Ambassador Ricciardone Press Roundtable,January 25, 2012, available at http://turkey.usembassy.gov/amb_ricciardone_012512.html; Sedat Ergin, Obama closedto debates on press reedom in Turkey, Hrriyet Daily News,February 15, 2013, available at http://www.hurriyetdaily-news.com/obama-closed-to-debates-on-press-reedom-in-turkey-.aspx?pageID=449&nID=41148&NewsCatID=428.

56 U.S. Department o State, Embassy o the United States inAnkara, Turkey, Ambassador Ricciardone: We Support Press

Freedom Full Stop, April 13, 2011, available at http://turkey.usembassy.gov/amb_041311.html.
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Freedom of the Press and Expression in Turkey

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