Amnesty International made a statement on rights violations against different segments of society, especially journalists. The statement, entitled "Türkiye: Stop the crackdown on peaceful dissent", said that the crackdown on lawyers, journalists and protesters falls within the scope of abuse of the justice system to intimidate, harass and silence peaceful dissent.

 

MURDER OF TWO JOURNALISTS 

 

The statement pointed to the killing of journalists Cihan Bilgin and Nazım Daştan in an air strike.

 

The statement reads: "Amnesty International is deeply concerned at the crackdown on the rights to freedom of expression and peaceful assembly in Türkiye following the reports of a drone strike attack resulting in the killing of Cihan Bilgin and Nazım Daştan, two Kurdish journalists from Türkiye in north-east Syria on 19 December.

 

Since the killings, protests have been banned, participants detained and criminal investigations launched against those who have expressed their opinions in statements and on social media. On 20 December, law enforcement officials prevented protesters from gathering and at least 55 people, including 10 journalists, were detained in the eastern province but later released the same day. On 21 December, riot police detained 59 people during protests in Istanbul, of whom nine people including seven journalists were remanded in pre-trial detention.

 

'Criminal investigations against the Istanbul Bar Association and other groups and individuals were reportedly opened because of their statements and social media posts calling for an investigation into the reported killings and the release of the detained individuals.

 

The crackdown against lawyers, journalists and protesters amounts to a misuse of the criminal justice system to intimidate, harass and silence peaceful dissent and as such, is in violation of Türkiye's obligations under international human rights law.

 

Turkish authorities must immediately release all those detained solely for the peaceful exercise of their human rights. Authorities must promptly, thoroughly, independently, impartially, transparently and effectively investigate the allegations of human rights violations and other actions of the law enforcement officials on journalists and other protesters and bring to justice in fair trials those suspected to be responsible, as well as ensure access to justice and effective remedies for victims.

 

The authorities must uphold the human rights of everyone in the country including by immediately ending the arbitrary detention and prosecution of journalists and others solely for peacefully exercising their rights to freedom of expression, association and peaceful assembly. Authorities must stop weaponizing the criminal justice system against the Istanbul Bar

 

Association and others simply for exercising their rights and discharging their professional duties and immediately drop the ongoing criminal investigations launched against them.

 

ARBITRARY DETENTIONS AND ABUSIVE CRIMINAL INVESTIGATIONS 

 

On 21 December at around 1.30pm, hundreds of riot police prevented journalists and others from reading out a press statement in Istanbul, based on the Beyoğlu district governor’s banning decision of the protest, which was not shown to the protestors but later obtained by Amnesty International observers following their request to see it from the law enforcement officials.

 

Amnesty International observers present saw around 100 law enforcement officers in riot gear surrounding a dozen people gathered for the protest before they could begin their press statement, while dozens of other officers were stationed around the Şişhane square.  Police made three loudspeaker announcements in quick successions, stating the gathering was banned by the district governorate and that they would intervene if the group didn’t disperse, while containing them. However, the police did not allow the group to disperse, or any individuals to leave the containment

 

Over the course of the afternoon, 59 people including many journalists were detained from three separate points in Şişhane square, according to lawyers’ associations who represented the detained individuals. The second two police interventions were to prevent other small groups of people from protesting the earlier initial detentions. The vast majority of the detained individuals were released from police detention on the same evening while the prosecutor referred 14 people to the Istanbul Judgeship of Peace No 3, requesting they be remanded in pre-trial detention. 

 

Amnesty International is concerned that the banning order exceeded the lawfully allowed restrictions on the rights to freedom of expression and peaceful assembly, alleging the call by the Dicle Fırat Journalists Association for the gathering in Şişhane square would take place with the ‘sponsorship’ of an armed group, without any evidence. While international law provides for restrictions to be introduced to public assemblies, these must be aimed at protecting a legitimate public interest, be necessary and proportionate, meaning that the same result cannot be achieved through other less restrictive means, to ensure the exercise of rights are not unduly restricted. The Beyoğlu district governor’s banning decision that the protest, which was called by the Dicle Fırat Journalists Association, a lawfully established organization, would be attended by people connected to the armed group was neither necessary nor proportionate.

 

Law enforcement officials used excessive force against the people in the context of their detention that could amount to ill treatment, including being handcuffed in cable ties on their back, while a few had their faces roughly pressed on the side of the detention bus.

Some journalists who were released from police custody later reported that they had been threatened with ‘yellow bags’ on the police bus, alluding to the body bags used by the state to return killed members of the armed group to their families. 

 

Lawyers who visited the three detained women journalists stated they had made allegations of ill-treatment including strip search. On Sunday 22 December, nine individuals including seven journalists were remanded in pre-trial detention for allegedly ‘making propaganda for a terrorist organization’ because they displayed the photos of the two journalists killed in northeast Syria. Istanbul Chief Public Prosecutor launched a criminal investigation against the Istanbul Bar Association for their statement on 21 December, calling for an investigation into the killing of the two journalists in Syria and the release of the nine detained protesters in İstanbul for ‘propaganda for a terrorist organization’ and ‘spreading misinformation’. 

 

Istanbul Bar Association publicly rejected the allegations and received widespread support from bar associations around the country. Online news site T24 is also facing criminal investigation for its news report about the statements made by DISK Basın-İş and Dicle Fırat Journalists Association regarding the killing of two journalists in Syria. The journalist and Gerçek Gündem Editor-in-Chief, Seyhan Avşar is also reportedly under criminal investigation for her social media posts about the two journalists killed in north-east Syria.

 

The killing of two Kurdish journalists in north-east Syria also sparked protests in other provinces across the country, including in Diyarbakır, Ankara and Mersin and near the Syrian border. Speaking to Amnesty International, journalists associations stated that in Ankara, protestors were allowed to gather on the understanding that they would not assign responsibility to the Turkish state for the drone killings. In Diyarbakır, the gathered crowd was prevented from marching but were allowed to read out the press statement. Protestors didn’t face any restrictions in the Mersin province and near the Syrian border."