The German Basic Law ("Grundgesetz") – the constitution of the country adopted in the year 1949 – perfectly mirrors the nation’s efforts to turn itself into a leading democracy after the end of World War II and for sure, the country did just that. It is no wonder then that 25 years later much-admired Chancellor Helmut Schmidt declared that his country has finally become "Model Germany," ("Modell Deutschland"), not simply stressing economic miracles but civil society reforms and the undeniable benefits of participatory democracy – in 1974 still not seen in quite a number of fellow European nations struggling with various forms of past or at the time, even present authoritarian rule even dictatorship, think Spain, consider previously Greece.
For the purpose of putting pen to paper for this opinion page contribution, one stipulation, in particular, merits our attention: Article 5. It consists of three parts and the first one is leading us straight to today’s topic: It clearly mentions that everyone has the right to freely state and disseminate their opinions in writing, speech and with pictures and to do so can inform themselves without any obstruction from generally available sources. Freedom of the press and freedom of reporting by radio or via films is guaranteed. There is no censorship (this author's own summary translation).
Over eight decades later, it has lost none of its relevance for a functioning democratic society. It enables citizens to engage in professions linked to all forms of the media and as it had not been updated since its publication, allows for an interpretation in a sense that any form of media has been included regardless of a limited variety starting in 1949 or a much more diverse reality today, think social media. On the other hand, it puts great levels of responsibility on every individual involved in doing so, consider the second part of Article 5 where the protection of underage people is mentioned as a necessity when applying the principal rules of and for freedom of the press.
Often unfoundedly criticizing the modern Republic of Türkiye with regards to freedom of the media, claims have been expressed that journalists are behind bars for carrying out their profession, which is absolutely untrue – legal proceedings vis-à-vis those citizens in question are based on criminal and terror-related charges and not because they hold a press card. We must remember that and until found guilty, we always must stress the notion of not being guilty until proven so, a point the Turkish legal system upholds as one of its universally supported key values.
German authorities have demonstrated to a stunned global audience as well as shocked observers at home that apparently not everything is seen the way the fathers of the Basic Law had intended back in 1949. Let us briefly recap the early morning events from last Wednesday and then approach two intertwined issues: What happened to freedom of expression in Germany, and thereafter? How can a member of a terrorist group and classified as such by Türkiye manage to "tipoff" German police so that highly acclaimed and fully accredited (by the German government!) journalists representing media from Türkiye are arrested and treated as if they were terrorists themselves?
Not only Türkiye but Germany as well was in shock when it became clear that two senior members of the media, Ismail Erel and Cemil Albay, affiliated with and working for the Sabah newspaper from its Frankfurt offices, had been arrested early morning on May 17, 2023. Searches were carried out at their homes and all electronic devices, computers and mobile phones were confiscated.
As was widely reported in media here in Türkiye and to cite one such source, Fatih Zingal representing the Sabah newspaper in Germany as their lawyer, said the journalists had been arrested due to a "tipoff" by members of the Gülenist Terror Group (FETÖ); both are employed as professional journalists and their arrest is totally unacceptable, he explained while speaking to Turkish reporters.
Quoting another source, and dear foreign readers rest assured this incident was covered in all four corners of this proud nation, Fahrettin Altun, director of the Presidency's Directorate of Communications, shared a post on social media on the same day, May 17, 2023, and in no unmistaken words said: "I condemn arrest of Turkish journalists Ismail Erel & Cemil Albay in Germany after a complaint by a FETÖ terrorist – It’s a clear violation of press freedom – Germany must release them & work with us, not FETÖ terrorists."
FETÖ is no old men’s harmless tea-drinking club. I shall return to that point in a minute.
First though and in this context, it makes good journalistic sense to reiterate the U.S.’ very own FBI's definition of what constitutes a terror organization, or individuals engaging in terrorist activities: International terrorism is classified as "violent, criminal acts committed by individuals and/or groups who are inspired by, or associated with, designated foreign terrorist organizations or nations (state-sponsored)." Domestic terrorism is characterized as "violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political, religious, social, racial or environmental nature."
May we retell another previously published opinion in abbreviated format to help our esteemed readers better understand the risk behind seemingly "civil" associations camouflaging their ultimate motives: TRT Deutsch broke the news on Jan. 25, 2021, quoting from a shocking revelation published in highly respected German broadsheet daily Süddeutsche Zeitung (SZ) a few days earlier.
An association named "Frohsinn," best translated as "Cheerfulness," was active in Bavaria and other parts of southern Germany. At stake: an education center for adults, later complete with kindergarten, dormitories, and a women’s club, too. Then the report detailed that there was a much wider, cobweb-like structure linked to a network called Vision Private Schools (translated by the author, "Vision Privatschulen" in the German language). Former Integration Director of the city of Augsburg Matthias Garte was then mentioned as saying they had suspected a certain network behind all those activities, but it had been difficult to grasp what was really going on until further investigations. It then transpired that Frohsinn managed to obtain an annual grant of a staggering 945,000 euros (!) (over $1 million) from the State of Bavaria.
It was the first time that government officials on the local and regional levels actually looked into what authorities in Türkiye knew all the way along – FETÖ decamped to Germany and other European nations and continued to do what they did in Türkiye: disguised as educators and well-doers for the society they plan for their illegal ultimate aims. Granted, as this is step by step impossible within Türkiye, they might just as well try and establish anti-democratic networks and structures in their newly found host nations, in particular siding with ultra-extreme right-wing movements which are unfortunately on the rise all across the European continent.
Frank but fair, in short: German authorities must at once apologize and understand the seriousness of the personal traumas caused to the two wrongfully arrested journalists. Compensation should be considered, taking into consideration the traumatic nightmares caused by underage family members witnessing the arrests.
The German government might consider an official apology to the Republic of Türkiye, as well.
And last but not least, dear German friends and colleagues and lawmakers – never again lecture this fine democratic nation Türkiye about what you think are shortcomings in freedom of media or freedom of expression as there are none. The results of the recent elections even if you had hoped for a different outcome underline Türkiye enjoys Democracy 2.0. Türkiye the has a leading democracy – material for a blockbuster documentary about how participatory societies tick, circa May 14 and soon May 28, 2023, respectively.
