A Judicial Reform Strategy, announced in May 2019 by the Turkish government to address flaws in the justice system, will not be credible unless it guarantees judicial independence in both law and practice and ends the persecution of journalists, the press freedom delegation said today.
The delegation said it welcomed the intention of the authorities to undertake reform. However, the delegation highlighted in meetings with officials how the press freedom environment in the country has not improved since the lifting of the State of Emergency in July 2018, how scores of journalists remain behind bars or under travel bans as a consequence of an extended, politically motivated crackdown against the media, and how a subsequent wide-ranging capture of the judiciary has progressively and severely damaged the rule of law and the public’s right to access information.
As part of any judicial reform strategy, Turkey should urgently revise anti-terror and defamation laws, repeatedly abused to silence critical press. It should take immediate steps to end the arbitrary prosecution of journalists, characterized by baseless indictments, politically driven judgments and severe violations of the right to a fair trial. It should reverse moves that allow disproportionate political interference into the operations of the judiciary, including the April 2017 amendment to Article 159 of the Constitution, which allows for political control over the nomination procedure to the Council of Judges and Prosecutors, affecting the independence of the entire judicial system.
As proposed changes are discussed and examined, the delegation urged Turkish authorities to closely involve independent civil society, journalists and international experts in the fields of freedom of expression, judicial independence and the rule of law and to enact reforms to bring the independence of the judiciary in line with Turkey´s commitments under international human rights law.
The delegation met with local civil society groups and journalists in Istanbul and then travelled to Ankara, where it met with the Constitutional Court, the Court of Cassation, representatives of the Ministry of Justice, and the EU and other foreign diplomatic missions. The delegation regrets that a long-planned meeting with Justice Minister Abdulhamit Gül was cancelled one day in advance.