Lawyers and bar associations in Turkey have long faced political and legal pressure. The court case against the Istanbul Bar Association that led to the dismissal of its executive board and the criminal prosecution of board members is another troubling instance of such pressure. While the case may seem as an isolated legal dispute, it reflects a broader effort by the Turkish government to silence dissenting voices, dismantle the rule of law, and target institutions that remain committed to defending democratic values. The case exemplifies how authoritarian regimes increasingly criminalise lawyers and professional organisations that speak out against rights violations. By situating the case within both national and international trends of authoritarianism, we aim to underscore the vital role of lawyers and bar associations in defending human rights, access to justice, and democratic principles—often at great personal and institutional risk.
Background
On December 21, 2024, the Istanbul Bar Association issued a statement condemning the killing of journalists Naz?m Da?tan and Cihan Bilgin in a drone strike by the Turkish army in northern Syria, calling for an independent investigation into their deaths. The statement emphasised that targeting journalists violates international humanitarian law and urged authorities to hold those responsible accountable. In response, the Istanbul Prosecutor’s Office launched an investigation into the Bar Association’s statement and accused its president, Prof. ?brahim Kabo?lu, along with ten executive board members, of exceeding the Bar’s professional mandate by engaging in political activism. The investigation led to a civil lawsuit filed in the Court of First Instance, seeking the dismissal of the entire board of directors. In a separate case, prosecutors launched a criminal trial against Kabo?lu and the board members, charging them with “terrorist propaganda” (Article 7/2 of the Anti-Terror Law) and “publicly disseminating misleading information” (Article 217/A of the Penal Code).
The first hearing on the removal of the Istanbul Bar Association’s executive board took place on March 4, 2025, at the Istanbul 2nd Civil Court of First Instance. One of the key moments in the first hearing was the decision to relocate the trial to a larger courtroom due to the high turnout. Representatives from various bar associations, individual lawyers, international bar associations, and human rights organisations attended to observe the proceedings. Several bar associations requested to be included in the case, arguing that what was at stake was not just the Istanbul Bar Association but the right to defence and the autonomy of all bar associations. While the court accepted the Union of Turkish Bar Association’s (TBB) request to join the case, it rejected similar applications from other bar associations. Another critical issue was the absence of F?rat Epözdemir, a member of the Istanbul Bar Association’s Executive Board who had been arrested the previous month. Despite his lawyers’ request for him to attend the hearing via SEGB?S (Audio and Video Information System), the court denied the petition. In response, Epözdemir’s lawyer addressed the court, arguing that the case could not proceed without his client’s presence, and called for the postponement of the preliminary hearing.
The second hearing of the trial convened on March 21, 2025, once again drawing a strong show of support from lawyers.
