Turkish state failed to protect slain newspaper editor, European court rules

Reporters Without Borders hails 14 September ruling by the European Court of Human Rights that the Turkish state failed in its duty to prevent newspaper editor Hrant Dink’s murder by acting on the information it had about plots against him, and violated his freedom of expression before his murder. The human rights court ordered Turkey to pay his widow, Rakel Dink, and his children 100,000 euros in compensation and his brother, Hosrof Dink, another 5,000 euros. A Turkish citizen of Armenian origin, Dink was gunned outside his newspaper in Istanbul on 19 January 2007. The court ruled unanimously that Turkey violated articles 2, 10 and 13 of the European Convention on Human Rights, which concern the right to life (lack of an effective investigation), freedom of expression and right to an effective remedy. The court’s ruling can be read here Referring to Dink by his real name, Firat Dink, the ruling says: “None of the three authorities informed of the planned assassination and its imminent realisation had taken action to prevent it. Admittedly, as stressed by the Turkish Government, Fırat Dink had not requested police protection. However, he could not possibly have known about the plan to assassinate him. It had been for the Turkish authorities, who were informed of the plan, to take action to safeguard Fırat Dink’s life.” Dink published a series of articles between November 2003 and February 2004 in which he argued that Turkish indifference to the Armenian genocide was preventing Armenians from recovering from its traumatic effects. Turkish ultranationalist groups reacted with protests, threatening letters and criminal complaints and, in October 2005, Dink was convicted of “denigrating Turkish identity.” Although a government legal counsel appealed against Dink’s conviction, arguing that his comments had been misinterpreted and calling for his freedom of expression to be protected, the Court of Cassation (the highest court of appeal) upheld the verdict. The European Court of Human Right’s ruling concluded that, in so doing, the Court of Cassation had indirectly punished Dink for criticising the Turkish state’s view that the events of 1915 did not constitute genocide. Arguing that the search for historic truth is an integral part of freedom of expression and that states must ensure that their citizens are able to express their opinions without fear, the ruling said the Turkish state had failed in its “positive obligation” to protect Dink’s freedom of expression and to protect his life. Turkish foreign minister Ahmet Davutoglu said Turkey would not appeal against the European Court’s ruling. A foreign ministry statement said: “Efforts will be made in following the requirements of the Dink decision and all measures will be taken to prevent repetition of similar breaches in the future.” Reporters Without Borders welcomes this announcement and hopes in particular that determined efforts will be made to protect the freedom of expression and the safety and journalists and news media that cover issues concerning the Kurdish and Armenian minorities. Speaking at a news conference outside the headquarters of her husband’s newspaper Agos, the site where he was murdered, Rakel Dink said: “We would like to think that there will be certain legal and political changes after this ruling. We hope that the Turkish state, which has never assumed its responsibilities as regards freedom of expression (...) will stop acquitting criminals and convicting those who are innocent.” The next hearing in the trial of a group of people accused of Dink’s murder is to take place on 25 October. Reporters Without Borders will follow it closely.