Journalism under threat – the case of Nedim Sener
/“I was driving my child to school and on the radio, I heard the police were making arrests in relation to a conspiracy against the government, I was shocked when they said I was one of those to be arrested”
Background
Nedim Şener is a prominent investigative journalist from Turkey. His work has focused mainly on the offences and misappropriation of officials, including politicians, the intelligence services, police and army.
On 3 March 2011 security forces searched Mr. Şener’s home and workplace. Subsequently, he was taken into custody on suspicion of membership of the organization Ergenekon. He was charged with aiding and abetting the criminal organization by being involved in the production of a book sharply criticizing the government.
After having refused Mr. Şener’s requests for release several times, the Turkish authorities eventually released him.
Photo Credit: Wikipedia
Nedim Sener at press conference for the media award ceremony in Leipzig on 8.10.2015
Judgment of European Court of Human Rights
The Court found a violation of Article 5, remarking that the reasons for Mr. Şener’s lengthy detention were neither relevant nor sufficient.
The Court also ruled that the detention was a disproportionate interference with Mr. Şener’s freedom of expression. It caused a chilling effect on journalism in general, limiting the media’s ability to express views on important matters of public policy.
This is one of many cases concerning attacks on free speech in Turkey.
Shortcoming in Implementation
Violations of the right to free speech in Turkey continue to be extremely serious, as revealed by the Court’s judgments since 1998. Findings of the Constitutional Court and the European Court, and the observations of the Commissioner for Human Rights, are some examples of evidence that shows the problem is entrenched and ongoing. According to the Committee to Protect Journalists, Turkey has more journalists in prison than any other country in the world.
A group of cases concerning free speech are due to be examined by Council of Europe’s Committee of Ministers in early 2020.
Summary of Key Turkish Free Speech Cases on Hudoc-EXEC
Press release of the Nedim Sener judgment of the European Court of Human Rights