(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
President Recep Tayyip Erdogan has stated that the courts will obey him, and since the state of emergency was declared, the judicial system has been nothing more than an extension of the presidency. Ny Tid has met Turkish activists and journalists who have direct experience with what they call a hopeless system.
indoor Activism. Berna Akkizal works in the initiative Initiative for Freedom of Expression. One consequence of today's political condition is that the activists of the Initiative for Freedom of Expression have had to change the way they work. The law now prohibits demonstrations, so the Initiative for Freedom of Expression concentrates more on holding indoor debates and seminars on non-violent resistance. “I miss the days we could be active outdoors, demonstrating in the streets and showing who we were. Today it is too risky. I cannot expose members to the danger – violation of the ban on demonstrations could result in several years in prison. ”
Akkizal points out that their work still bears fruit, even though it is through new approaches. “In addition to the courses and discussions we organize, we engage in litigation against all journalists, academics, teachers and activists. We attend hearings and observe and record the processes. It's a full-time job in itself. Then we send out bulletins to our members and anyone who is interested, so people can stay up to date. We have also created a database where people can go in and check the progress of each of the different issues. The work is absolutely necessary, because few cover it properly – either for loyalty to, or fear of, the regime. ”
Claustrophobic farce. The way the lawsuits are conducted also does not make the job easier for the journalists trying to follow the events. Akkizal elaborates: “The hearings are deliberately held in very small courtrooms. Here in Istanbul we have one of Europe's largest courthouses, Çaglayan, so the problem is not lack of space. By using courtrooms with room for only 20 people, one can effectively limit the number of journalists and observers who enter. In any case, the whole program is very unpredictable – new rules are constantly emerging. One day, international journalists were told that they had to obtain their own accreditation, which identifies them as 'foreign agents' – or spies if you like. ”
"Today's judiciary is a farce"
When Ny Tid visited Çaglayan, the case against Academics for Peace was up for consideration. The indictment against 146 academics behind a ceasefire in eastern Turkey is "spreading terrorist propaganda". Although the indictment is identical for all 146, the hearings are held separately; if the group is handled as a whole, the chances are greater that the case will receive wide coverage in the media. Despite the circumstances, the solidarity in the courthouse that day was remarkable: majority of lawyers, activists and supporters often attend the hearings, even though they know that the probability of actually entering the courtroom is small. "We are aware of the symbolic value, so we try to attend as many hearings as we can – to show that we are here and that we are following," explains Akkizal. The unity between those who stand outside the courtroom and are waiting to hear the results from the judges is striking. "Obviously we need to help each other keep their spirits up to continue the fight for justice."
Puppet judges and chaos. Justice is clearly no longer on the agenda in the Turkish judiciary. Just since the 2016 coup attempt, more than 4000 judges and lawyers have lost their jobs. These are mainly replaced by young, inexperienced actors who are easier to influence. During the hearings in Çaglayan it is not uncommon to see the judges sit and tinker with their mobiles; they do not follow, they have long since received the result of someone higher up. In one case, Akkizal says, the judge interrupted the defendant's defense speech – he thought it was too long. According to her, the judges are often told directly by Ankara about what the verdict should be, which explains why they seem so disinterested during the hearings. Andalou Agency, a news agency linked to the government, is even known for announcing the verdict before the trial is over.
PEN International Vice President Eugene Schoulgin has followed many of the trials in Turkey closely. He tells Ny Tid that the Turkish judicial system has completely collapsed. In November, he was in Istanbul to follow the trial of 17 journalists and academics accused of having contributed to the coup attempt. "The trial was not just a scandal, it became a new low point for the so-called case law in this country. All four defense attorneys were thrown out of the courtroom. "
That Schoulgin witness is just one example of the chaos prevailing. It is impossible to know what will happen before the courts do not adhere to their own laws, and the lawyers who are still trying to do their job are stuck in the wheels. They may, among other things, be arrested and imprisoned for having been present in certain litigation, or because they have defended certain persons. If they defend someone accused of contributing to the coup attempt, they may even be charged with the same crime. Understandably, therefore, many are reluctant to take cases involving violations of the Terrorism Act, which means that several defendants are jailed without access to legal aid.
Brave resistance. The schoolgirl has great respect for the Turks' resilience. "Today's judiciary is a farce. The Penal Code is hopeless and must simply be replaced. The laws are designed to be diffuse so that they depend on each one's interpretation of them – it all becomes extremely arbitrary. Most of my acquaintances in Turkey are very depressed now, but they do not give up. The Turks are soldiers and cannot be broken easily. Still, it's obvious how many people I know have been inside. "
Because it doesn't take much to end up in prison for the time being. Academics, journalists and teachers experience being accused of membership in terrorist organizations without even mentioning the name of the organization in the case. The indictment is often just an excuse to get rid of the opposition, in line with the government's "renewal campaign".
Journalist Erol Önderoglu describes how mayors in Turkey are systematically asked to step down so that the AKP government can replace them with loyal nods. Several of the mayors declared publicly that they had no choice; it was an order from the highest team. "Parliament has only a symbolic function today," says Önderoglu. "The power lies with the president. When Erdogan canceled the ceasefire with the PKK in 2015, it became difficult for independent and critical journalists to report anything that did not agree with the regime's view on Kurdish issues. This is civil war – you are either with or against the authorities. Anything that may be associated with the PKK is the basis for treason. ”
It is not uncommon to see judges fiddle with their mobiles during litigation – they do not follow because the verdict result is predetermined.
Önderoglu himself experienced being imprisoned on such a basis; In the summer of 2016, he was arrested for participating in a solidarity campaign for the Kurdish newspaper Özgür Gündem. He escaped after only ten days in prison, much thanks to the efforts of the French RSF (Reporters Without Borders) for which he works. However, he is not acquitted, and like many others in a similar situation, he experiences time and again that his hearing is postponed. "What Erdogan is doing now is cutting all ties to the past. He turns away from the United States and looks toward the Middle East and Russia. He calls on Arab tourists and investors to save the economy. In order to retain power, he gets rid of all critical thinking, and to hide the abuses against the Kurds, he removes the human rights organizations. We are concerned that the political climate will deteriorate towards the 2019 elections. ”
Need outside help. What do we do when justice defenders are branded terrorists? Activists and intellectuals are worried about the future. They see that the conservative forces in the country are increasing, while freedom of expression is decreasing. "The Initiative for Freedom of Expression has seen a decline in donor support," says Akkizal. "People support our work, but they are afraid to provide financial assistance – they know they can be accused of treason if the payments are traced back to them." All of those Ny Tid has spoken to emphasize the need for international attention and solidarity. They are concerned that Erdogan is tightening his grip, and do not rule out an escalating conflict. "Because of media blackouts and propaganda, people do not realize what is happening in their own country. We need international pressure – the help must come from outside ", concludes Akkizal.
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