Tag: HSYK

  • Turkey’s culture of dissent

    Turkey’s culture of dissent

     

    Caged tweets

    Turkish Prime Minister Recep Tayyip Erdoğan is like a mousetrap salesman; the moment he plugs one hole, the mouse peeks out of the other.

    His latest move to block dissent in Turkey is to ban Twitter, but millions of Turkish tweeters have, with characteristic ingenuity, found ways to circumvent this ban.

    On the 200th anniversary of Darwin’s birth in 2009, a former Turkish judge at the European Court of Human Rights (ECtHR), Rıza Türmen, noted about the Justice and Development Party (AKP) government, “What they are attempting to achieve today [after coming to power in 2002] is social engineering, a radical transformation of society.”

    This includes a reform of the education system, which makes it possible for pupils to attend religious schools (imam-hatip schools) after only four years of primary education, the easing of restrictions on Quran courses and an abolition of the coefficient system to enable students from imam-hatip schools to enter universities on equal terms with graduates from other high schools.

    This is in keeping with Prime Minister Erdoğan’s declared goal to raise a “religious generation,” and also involves other forms of social engineering such as a ban on the sale of alcohol in municipal and public restaurants in most of Turkey’s provinces. This culminated last May with a new law that imposes severe restrictions on the consumption and sale of alcohol.

    Although both the preamble and Article 24 of the Turkish Constitution stipulate that no one shall be allowed to exploit or abuse religion or religious feelings for the purpose of personal or political influence, this is precisely what Prime Minister Erdoğan and his AKP government have done. Or as the Turkish imam, Fethullah Gülen, now Erdoğan’s arch-enemy, put it in the Financial Times, “The reductionist view of seeking political power in the name of a religion contradicts the spirit of Islam.”

    Gezi Park 

    Four days after the alcohol legislation was passed, a boiling point was reached and the occupation of GeziPark in İstanbul began. What started as an environmental protest developed into nationwide protests against Erdoğan’s tyranny, which now proves to have far-reaching consequences for Turkey. As Alev Yaman, author of the English PEN’s report on the GeziPark protests, concludes, “A culture of protest and dissent has been established among a previously politically disenfranchised younger generation.”

    Social media played a significant role during the Arab Spring, and in Egypt it contributed to the downfall of President Hosni Mubarak. After the demonstrations in Tahrir Square, Erdoğan advised Mubarak: “Listen to the shouting of the people, the extremely humane demands. Without hesitation, satisfy the people’s desire for change.” However, during the GeziPark uprising, he failed to take his own advice but instead supported the police crackdown on demonstrators.

    Research by Eira Martens from DW Akademie on the role of social media during the revolt in Egypt showed that Twitter and Facebook mobilized protesters and helped develop a collective identity, or more precisely, a form of solidarity. Consequently, images of police brutality, also on YouTube and Flickr, made people not only angrier but also lowered their threshold of fear.

    The same applied to the GeziPark protests, but whereas in Egypt the most popular hashtag was used in less than one million tweets, an analysis by New YorkUniversity estimates that out of more than 22 million tweets related to the protests in Turkey, the two main hashtags were mentioned about 6 million times. In Turkey’s case, around 90 percent of all the tweets came from within Turkey, whereas in Egypt only 30 percent were from inside the country.

    In Turkey, it is estimated that the AKP government has the final word over 90 percent of the media, that is, newspapers and television. This was evidenced in an interview on CNN Türk with Fatih Altaylı, the editor-in-chief of the Turkish daily Habertürk, who complained that instructions were “pouring down” every day from somewhere.

    Leaked wiretaps, one of which Erdoğan has confirmed is genuine, reveal constant pressure from the prime minister’s office and Erdoğan himself on media owners and executives. In one recording, Erdoğan’s son, Bilal, allegedly informs his father that the next day’s headlines have been agreed upon with the pro-government media.

    Consequently, Turkish media coverage of the GeziPark protests was nothing short of scandalous; CNN Türk broadcast a documentary on penguins and seven pro-government newspapers ran identical headlines with the same quote from the prime minister. Four television channels that covered the events were fined for “harming the physical, moral and mental development of children and young people” and 845 journalists lost their jobs

    In its report on the role of social media in the Turkish protests, New YorkUniversity said that part of the reason for the extraordinary number of tweets was a response to the lack of media coverage; furthermore, it said that Turkish protesters are replacing traditional reporting with crowd-sourced accounts expressed through social media such as Facebook, Twitter and Tumblr. The report concludes that this is an impressive utilization of social media in overcoming the barriers created by semi-authoritarian regimes.

    There is also the fact that, according to another study, Turkey has the top Twitter penetration rate, with 31 percent of an Internet population of 36.5 million being Twitter users.

    No wonder Prime Minister Erdoğan calls Twitter “a menace” and finds social media to be “the worst menace to society.”

    Dec. 17 

    The anti-corruption operation that went public in İstanbul on Dec. 17, and the subsequent scandal, constitutes a major challenge to Prime Minister Erdoğan’s government. The response has been a massive cover-up, with the removal of thousands of police officers and hundreds of prosecutors and judges who could continue the investigation and therefore threaten the government’s legitimacy.

    The AKP has made use of its parliamentary majority to block the reading of indictments that involve four former government ministers, and it has also blocked the formation of an investigative commission. As Fethullah Gülen noted in the Financial Times, “A small group within the government’s executive branch is holding to ransom the entire country’s progress.” And one of the founders of the AKP, Abdüllatif Şener, has even said that Erdoğan is prepared to drag Turkey into a civil war to retain his hold on power.

    The immediate threat to the AKP government is the outcome of the local elections on Sunday, which will act as a barometer for the party’s popularity. Some 35 percent are reckoned to be the AKP’s core voters and, according to a Sonar survey, 80 percent of them don’t use the Internet. Added to this is the fact that Turkey has a relatively low newspaper circulation (96 papers bought daily per 1,000 people), which increases the importance the government attaches to the control of both public and private TV networks.

    Nevertheless, since February, almost daily tweets from Haramzadeler (Sons of Thieves), joined by Başçalan (Prime Thief) and Hırsıza Oy Yok (No Votes for Thieves), have contained links to wiretaps on YouTube and other social media allegedly involving Prime Minister Erdoğan, his family and ministers in bribery, tender rigging, media manipulation and interference with the judiciary

    Despite widespread international criticism, President Abdullah Gül, “Mr. Nice Guy,” has approved new legislation giving the government control over the Supreme Board of Judges and Prosecutors (HSYK) and the powers to block important websites. Prime Minister Erdoğan has now (ab)used these powers by imposing a blanket ban on Twitter through the Telecommunications Directorate (TİB), which has also blocked access to Google’s domain name server (DNS). Furthermore, Erdoğan has threatened to block access to YouTube and Facebook.

    In the first few hours of the ban, there was a massive increase in the number of tweets sent in Turkey, and Turkish users have found ways to circumvent the ban by using virtual private networks (VPN) or Tor. Nevertheless, there has since been a marked decrease in the number of Turkish tweets. Following several complaints, a Turkish administrative court has also ordered a stay of execution, which Deputy Prime Minister Bülent Arınç said the government will implement

    Erdoğan has, in turn, elevated the conflict to a “new war of independence,” with a TV commercial showing Turks from all walks of life rallying round the flag. However, as Turkish economist Emre Deliveli remarked on his blog, “There are several million people in Turkey who would believe the world was flat if Gazbogan [Erdoğan] told them so.”

    Robert Ellis is a regular commentator on Turkish affairs in the Danish and international press.

     

     

     

     

     

  • Turkey must do more to ensure independent, impartial judiciary – UN rights expert

    Turkey must do more to ensure independent, impartial judiciary – UN rights expert

    14 October 2011 –

    Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul
    Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul

    Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul

    A United Nations human rights expert today commended Turkish authorities for placing the protection and promotion of human rights high on their agenda, while calling for further steps to guarantee an independent and impartial judicial system.

    “Turkey’s recent judicial reforms package brings improvements, in principle, to the judicial system, but that should only be seen as a first step to effectively safeguard the independence and impartiality of judges, prosecutors and lawyers,” said Gabriela Knaul, the Special Rapporteur on the Independence of Judges and Lawyers.

    The main purpose of Ms. Knaul’s five-day visit, which ended today, was to assess a series of judicial reforms recently undertaken by the Government. She also had the opportunity to examine issues of access to justice, fair trial guarantees, the availability of legal defence and the legal profession.

    Lawyers need to be treated as equal counterparts of judges and prosecutors within the legal professions.

    She noted areas where improvement is needed to strengthen the independence and impartiality of the judiciary, including rationalizing the way in which judges and prosecutors are moved through a sort of rotation system, possibly taking into account the specialization they have acquired during their career when they are assigned to other posts.

    She also cited the need for a High Council of Judges and Prosecutors that is completely independent from the Executive, structurally, functionally and in practice. Currently, the Minister of Justice presides over the High Council and authorizes its investigations.

    In addition, the Special Rapporteur said that “the far too close relationship between judges and prosecutors” raises concerns about the respect of the principles of impartiality and equality of arms.

    A concern that Ms. Knaul heard “quite regularly” is that, in the daily performance of their duties, lawyers are not treated at the same level as judges and prosecutors. “One symbolic example in this regard is the fact that in the courtroom both judges and prosecutors sit on a podium during the hearings, while lawyers sit at a lower level, close to the defendants and the public.

    “Lawyers need to be treated as equal counterparts of judges and prosecutors within the legal professions,” she underscored in her preliminary observations.

    Another example of the difficulties that lawyers face are obstacles such as limitations to access case files, non-disclosure of evidence, delays in contact with their clients, and undue identification of the lawyer with his/her clients or the clients’ causes as a result of discharging their functions.

    “Almost unanimously judges and prosecutors have called my attention to the issue of workload and a backlog of cases, which is of course among the main causes of delays in the proceedings,” the expert added. “This structural problem also affects the citizens’ effective access to justice, as justice delayed is justice denied.”

    During her visit, Ms. Knaul visited Ankara, Istanbul and Diyarbakir where she held discussions with Government officials, judges, prosecutors, bar associations, lawyers, academics, international and local non-governmental organizations (NGOs) and UN agencies.

    The Special Rapporteur, who functions in an independent and unpaid capacity, will present her final conclusions and recommendations on Turkey to the Human Rights Council in Geneva next June.

    via Turkey must do more to ensure independent, impartial judiciary – UN rights expert.

  • CHP leader: Turkey Deputy PM Atalay is ‘mole’ in charity fraud probe

    CHP leader: Turkey Deputy PM Atalay is ‘mole’ in charity fraud probe

    Main Turkish opposition Republican People’s Party (CHP) leader Kemal Kılıcdaroglu claimed that Deputy Prime Minister Besir Atalay warned members of the German-based religious Turkish charity fund Deniz Feneri(Lighthouse) and its affiliated television channel Kanal 7 prior to a police operation to arrest members who were implicated in charity fraud.

    CHP head Kılıcdaroglu: AKP deputy PM Atalay is ''Mole''
    CHP head Kılıcdaroglu: AKP deputy PM Atalay is ''Mole''

    CHP leader stated during his party’s parliamentary group meeting that deputy prime minister is providing insider information to suspects in a high-profile charity fraud investigation in a long-awaited revelation. Besir Atalay, who was the interior minister at a former administration, was the person who had warned them of a possible police search of their offices prior to the raid that took place on July 6. He reiterated his claims that the ruling Justice and Development Party (AKP) has links to the alleged corruption within (Deniz Feneri) Lighthouse Charity Fund and accused the ruling party of trying to cover up an ongoing investigation into the allegations of fraud

    Former Turkish Interior Minister : Suspect in Islamic Charity Fraud ?

    “Who did the interior minister learn from that there would be a police search [of the offices of Deniz Feneri suspects]? He possibly learned about it from the police officers at the National Police Department. When he left his post as interior minister, his private security manager left the ministry but his official security manager is still with him. Atalay fears he the official security manager will reveal all the facts and get him into trouble,” alleged CHP Head Kılıcdaroglu.

    “These documents prove that the suspects were informed about the raid,” said Kılıçdaroğlu, giving information on telephone calls made on Sept. 14, 2009. The raid took place on Oct. 16, 2009.

    CHP head Kılıcdaroglu: AKP deputy PM Atalay is ”Mole”

    “This is the dossier of the mole,” Kılıçdaroğlu said, lifting up the dossier in his hand to a cheering audience. “The mole is Beşir Atalay.”

    The ruling AKP denied immediately any links with the charity and recently called on the CHP leader to prove his claims. Releasing a written statement on Tuesday, Atalay said Kılıçdaroğlu’s claims were all lies and slander aimed at him. Atalay rejected Kılıçdaroğlu’s accusations in a written statement released late yesterday. Atalay’s statement said Kılıçdaroğlu should “look into those who betray their professions and leak secret documents” if he is looking for a mole.

    The Deniz Feneri (Lighthouse) administration is accused of funneling money collected for charity from pious workers in Germany into various companies and businesses in Turkey. In September 2008 a German court convicted three Turkish men of funneling $26 million in charitable contributions raised by Deniz Feneri to companies run by conservative individuals in Turkey. The Lighthouse probe was launched in Turkey after a Frankfurt court in 2008 convicted three managers of the Lighthouse e.V. charity in Germany for embezzling 40 million euros. Most of the money is believed to have ended up in Turkey in the coffers of the pro-government and conservative islamist Kanal 7 television channel and a business group whose owners are close to the AKP government.

    Nearly a dozen people have been arrested as part of the investigation thus far. Former Radio and Television Supreme Council (RTÜK) head Zahit Akman, Kanal 7 Deputy General Manager İsmail Karahan, News Editor Mustafa Çelik, CFO Erdoğan Kara and Kanal 7 CEO Zekeriya Karaman are also among the suspects arrested. Ali Solak, who is suspected of acting as the “bank” for the suspected charity fraud ring, was also arrested as part of the investigation into the charity’s Turkish links.

    Lighthouse charity fraud : on EU agenda

    The Lighthouse case was high on the agenda of a meeting between Kılıçdaroğlu and the co-chair of the Germany’s Greens, Claudia Roth, late on Oct. 9.

    Roth denounced the removal of the three original prosecutors from the case as an open intervention into the judiciary, CHP sources said. In a pointed response, Kılıçdaroğlu said the EU was also responsible for the incident because of the support it gave to last year’s constitutional amendments that changed the structure of the Supreme Council of Judges and Prosecutors (HSYK).

    “Europe did not hear our voice and backed the AKP [Justice and Development Party] in the referendum,” Kılıcdaroglu was quoted as stating. Claudia Roth voiced “serious concern” over freedom of press in Turkey, the sources said, adding that she also suggested that the CHP seek dialogue with the outlawed Kurdistan Workers’ Party (PKK) as part of efforts to resolve the Kurdish conflict.

    via CHP leader: Turkey Deputy PM Atalay is ‘mole’ in charity fraud probe.