By Panashe Marie Louise Mlambo
Freedom of expression is a fundamental human right that protects the ability to express oneself without unjustified restrictions. It is normally undisputed when dealing with social media presence when individuals share their opinions without erroneous implications. However, in Turkey, despite the Constitution providing for freedom of speech, many laws and legislations have been enacted, and amendments have been made to undermine the very principle of freedom of expression. This article will provide an analysis of freedom of speech and the legal system in Turkey and take a look at the charges against different lawyers in the context of International law, Turkish Law, and countries near it, using the 2024 case of Dilek Ekmekçi as the case study.
The Arrests of Lawyers
A lawyer named Dilek Ekmekçi was released from prison on October 22, 2024, only to be promptly detained again by police, reflecting the ongoing repression faced by legal professionals in Turkey. This incident follows a troubling trend highlighted by the Court of Cassation’s ruling on September 18, 2020, which upheld the sentences of 14 human rights lawyers from the People’s Law Office, , who were convicted on similar charges. The crackdown continued with the recent arrest of Naim Eminoğlu and Doğa İncesu on July 2, 2024, both prominent members of the Progressive Lawyers Association, accused of being part of the Gülen Movement. In January 2024, a staggering sentence of over 125 years was handed down to 19 lawyers, further illustrating the Turkish government’s aggressive stance against those perceived as dissenters. These cases underscore the precarious situation for lawyers in Turkey, where legal actions are increasingly viewed as tools for political suppression rather than justice.
The law against the people
Under The Social Media Law (2020), the Turkish government can restrict and monitor any social media interactions and online free speech if necessary and this is one of the ways in which all these lawyers mentioned above had their data used for a case to be made against them. Coupled with Turkey’s Anti-Terror Law (Law No. 3713), which penalises individuals who disclose or publish the identity of officials on anti-terrorist duties or who identify such persons as targets, this is used broadly, and in most cases of online discourse, the different individuals are arrested for incitement and spreading of terrorism rhetoric.
In addition to the above, law enforcement usually limits freedom of speech with Article 125 of the Penal Code, which criminalises defamation and slander. In 90% of the cases above, the three legislations are cited together to justify the limitation of freedom of speech and arrest individuals who use online platforms to share their opinions on fraud, murder, and many more. Recent developments, such as the passing of the controversial “disinformation law” in October 2022, exemplify this trend by criminalising the dissemination of false information, which is determined by the government.
As can be deduced from the above cases and legal frameworks in Turkey, the country’s laws are against international laws of freedom of speech, particularly breaches Article 10 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of expression, including the freedom to hold opinions and to receive and impart information without interference by public authority. The disinformation law also violates Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to seek, receive, and impart information.
In 2021, the ECHR ruled that Turkey violated freedom of expression rights in the case of Vedat Şorli, who faced criminal charges and pre-trial detention for criticising the president on social media. The ECHR concluded that this conviction represented unjustified interference with Şorli’s freedom of speech and in a 2014 case, journalists Ahmet Şık and Nedim Şener were detained as part of the OdaTV investigation after publishing material critical of government-linked entities. The ECHR ruled that their detention violated both their rights to a fair trial and freedom of expression.
Despite these findings, he Turkish government continues utilising the legal frameworks to arrest and detain different individuals who use social media to criticise the government.
Lawyer Dilek Ekmekçi
The case of Dilek Ekmekçi highlights the ongoing challenges to judicial independence and freedom of expression in Turkey. Ekmekçi, after accusing prominent leaders of the Nationalist Movement Party (MHP) of being involved in the assassination of former Grey Wolves leader Sinan Ateş, was arrested; her allegations targeted high-ranking MHP members, including figures close to Turkish President Recep Tayyip Erdoğan; she was charged with defamation and insulting public officials through social media posts. Despite an initial release, the prosecutor’s appeal led to her re-arrest by the Istanbul 25th High Criminal Court.
In her court statements, Ekmekçi claimed that her detention was due to a fabricated indictment and referenced other government actions intended to undermine her legal standing. She cited instances where she was pressured, including through threats of psychiatric evaluations and multiple lawsuits. Ekmekçi’s defence argued that her prosecution was a retaliatory measure aimed at silencing her criticism, categorising the case as a SLAPP (Strategic Lawsuit Against Public Participation), often used to intimidate and suppress dissenting voices.
The state of freedom of expression
The state of freedom of expression in Turkey has reached a critical juncture, characterized by systemic repression and legal frameworks that stifle dissent. Recent legislative measures, such as the controversial “disinformation law” passed in October 2022, exemplify the government’s tightening grip on free speech, allowing for the criminalisation of information deemed false and imposing severe penalties for those who share it (Amnesty International, 2022).
This law has been criticised for creating a chilling effect, deterring individuals from expressing their opinions, or engaging in public discourse for fear of prosecution. Additionally, the Turkish judiciary has increasingly become an instrument of political control, often disregarding rulings from the European Court of Human Rights that emphasise the protection of free expression (English PEN).
The cases of lawyers like Dilek Ekmekçi, who faced charges under anti-terrorism laws for their advocacy work, highlight the precarious position of legal professionals in Turkey. As the government continues to utilise vague legal definitions to target critics, it undermines not only national constitutional guarantees but also international human rights obligations, effectively rendering freedom of expression nearly non-existent in Turkey’s current political climate (Freedom House).
Conclusion
It is evident that the Turkish government’s restructuring of the legal system aims to suppress all criticism of its officials and minimise freedom of expression. The excessive measures employed to address issues such as slander against officials do not resonate with the general public, and the blatant disregard for international law and democratic principles raises serious concerns that must be addressed. The legal profession, much like activism, journalism, and other sectors of society, deserves to uphold its freedom of expression. The direct targeting of the judicial system, evidenced by the significant number of lawyers arrested in less than a decade, signals a broader issue within the system and undermines the Turkish government’s claims of democracy. The case of Dilek Ekmekçi is not an isolated incident; rather, it reflects a troubling pattern of similar cases occurring throughout the country.
References
i Front Line Defenders. (n.d.). 14 lawyers arrested and charged. Front Line Defenders. Retrieved from https://www.frontlinedefenders.org/en/case/14-lawyers-arrested-and-charged
ii International Observatory for Lawyers in Danger. (n.d.). Joint statement of international protest condemning Turkey’s arrest of Naim Eminoglu and Doğa İncesu of the Progressive Lawyers Association (CHD). International Observatory for Lawyers in Danger. Retrieved from https://protect-lawyers.org/en/joint-statement-of-international-protest-condemning-turkeys-arrest-of-naim-eminoglu-and-doga-incesu-of-the-progressive-lawyers-association-chd-2/
iii The Arrested Lawyers Initiative. (2024). Ankara appeal court defies ECHR, sentences 19 lawyers to 125 years. The Arrested Lawyers Initiative. Retrieved from https://arrestedlawyers.org/2024/01/31/ankara-appeal-court-defies-echr-sentences-19-lawyers-to-125-years/
iv Kandemir, E., & Hudson, M. (2022). Turkey’s new media law is bad news, but don’t report it. Brookings Institution. Retrieved from https://www.brookings.edu/articles/turkeys-new-media-law-is-bad-news-but-dont-report-it/
v Republic of Turkey. (1991). Anti-Terrorism Law (Law No. 3713) on crimes committed by terrorist organizations. Official Gazette of the Republic of Turkey.
vi United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). United Nations Treaty Collection.
European Court of Human Rights. (2021). Şorli v. Turkey. European Court of Human Rights.
vii JURIST. (2021). Europe rights court: Turkey liable for freedom of expression right violation. JURIST News. Retrieved from https://www.jurist.org/news/2021/10/europe-rights-court-turkey-liable-for-freedom-of-expression-right-violation/
ix Turkish Minute. (2024). Lawyer arrested after accusing Erdogan, far-right ally of ex-Grey Wolves leader’s murder. Turkish Minute. Retrieved from https://www.turkishminute.com/2024/09/02/lawyer-arrested-after-accusing-erdogan-far-right-ally-ex-grey-wolves-leaders-murder/
x Amnesty International. (2022). Turkey: New disinformation law poses serious threat to freedom of expression. Amnesty International.
xi English PEN. (n.d.). Turkey: Freedom of expression in jeopardy. English PEN.
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