Media: Turkey on trial

By Marietje Schaake, 8.3.2011, www.hurriyetdailynews.com As some of my readers know, I am a long-time supporter of Turkey’s membership to the European Union. Frequently, I argue with antagonistic colleagues in European Parliament that Turkey is an asset, not a burden, and I work to unite Europe’s leadership on the importance of Turkey’s membership. A favored argument by antagonists of Turkey’s bid has always been that Turkey does not share Europe’s values on fundamental freedoms and civil rights. Supporters of Turkey’s bid in Europe, joined by consecutive American administrations, rebuffed them pointing to the advances Turkey was able to make in these fields and leveraged the promise of even more reforms. Sadly today, the world stands united in their concern for the relapse in fundamental freedoms and civil rights as part of the Ergenekon case. Friends of Turkey have been strong initial supporters of the Ergenekon and Sledgehammer cases. The cases were seen as a historic opportunity to achieve accountability and justice in dealing with the darker pages of Turkey’s past. Today, there are few left who continue to applaud these cases. Unacceptably high periods of pre-trial detention, the prosecution’s failure to reach a single conviction after four years of indictments and systematic violations of civil liberties, have united proponents and antagonists of Turkey’s EU membership in voicing concern. Collateral damage of the Ergenekon case can be felt domestically as well. People of different professions and political orientation fear their phones are tapped as a result of acknowledged rampant wiretapping. Journalists apply self-censorship as a result of the arrests of colleagues without transparency or credible evidence of the crimes they are accused of. Statements by prosecutor Zekeriya Öz and others will not in itself change this. Even Prime Minister Erdoğan’s trusted advisor and previous spokesman, Akif Beki, wrote “this time my conscience is not clear…” The president and some prominent Cabinet members joined in voicing doubts about the direction of the investigations followed by prominent proponents of the ruling Justice and Development Party, or AKP, in newspapers such as Taraf. A dramatic decline in confidence in Turkey’s legal system is now apparent throughout Turkish society while Turkey’s recently gained positive perception abroad is continuing to fade. Prime Minister Recep Tayyip Erdoğan – at times – has been an explicit and fierce critic of Turkey’s legal apparatus in the past. Similarly, we as European friends of Turkey’s democracy have voiced concern in the past when prosecutors filed motions to close political parties such as the ruling government party. Thus far Prime Minister Erdoğan is refusing to comment claiming the judiciary’s independence. Granted, Mr. Erdoğan’s renewed commitment to the independence of the judiciary should be applauded. Checks and balances, as well as a separation of powers are fundamental principles in liberal democracies. In a democracy however, that independence does not exist in a vacuum, and governments always have a responsibility. Although independence of the judiciary is a crucial element of any democracy, transparency, good governance, due process and guarantees of civil liberties, fair trial and free expression are equally important. If institutions systematically fail to implement such principles, a government can no longer justify in-action. The only way in which Turkish institutions can regain trust from their citizens and the international community in the short term is by ensuring transparent processes according to international standards of rule of law. Necessary reforms which guarantee free speech and press have become even more urgent. Regardless of the verdicts that judges will independently give in the trials of the Ergenekon and Sledgehammer cases, the climate of fear places a verdict on all of Turkish society. The European Parliament’s report on Turkey will be voted on this week. It will highlight broader concerns with Turkey’s lack of media freedom including the censorship and blocking of websites and blogs as emphasized by President Gül. The European Parliament's main concern and focus are the people in Turkey, their rights, freedoms and opportunities. The historic opportunity to serve justice and reconciliation do and to restore trust both domestically and with the international community will be lost if the government of Turkey does not act. * Marietje Schaake is a Dutch Member of European Parliament with the Alliance of Liberals and Democrats for Europe.