Turkish bar associations publish declaration for lawyers’ rights

Several bar associations from Turkey’s western provinces published a declaration, demanding justice for arrested and imprisoned lawyers, Bianet said on Monday.

“As bar association chairpersons who have signatures below, we promise to act together against any arbitrary practice that lawyers experience in their professional life and that is beginning to become permanent,” the declaration stated. It referred to the growing judiciary as well as democratic crises Turkey has been experiencing in recent years.

The declaration said that the Council of Judges and Prosecutors (HSK) has become “politicised,” and has been a tool for leaders’ and other political authorities to get their way rather than as a means to justice.

“Courts are disbanded after their decisions, investigations are opened against judges who give verdicts before the ink of their signatures dries, and the principle of judicial independence is violated every day with a new example,” said the declaration.

Many lawyers have to face jail-time in courts which do not follow proper procedural laws, thus the declaration asks courts to follow rules which align with what it said formerly secularist nature of the country.

“In this context, we promise to work tirelessly for all individuals, institutions and organizations to make them fulfil their constitutional responsibilities. Bar associations, acting as the representative of the people’s quest for justice, will continue to do all kinds of constructive work in all areas where they are assigned in accordance with the Code of Lawyers,” the declaration said.

On Jan. 22, Twelve Turkish bar associations said in a joint statement that they had been losing hope of a fair trial in a case related to the 2013 Gezi protests, the biggest anti-government demonstration in Turkey since the ruling Justice and Development Party (AKP) came to power in 2002.

The panel of judges violated the suspects’ rights again by accepting testimony from a witness unlawfully without the presence of defence lawyers on the grounds that the witness’s life was in danger, the bar associations said.

Source:  https://ahvalnews.com/turkish-bar-association/turkish-bar-associations-publish-declaration-lawyers-rights

 

THE STATEMENT

The trial of Gezi, which is one of the most important political and social democratic objections of our recent history, which we follow closely, continues in Istanbul 30th High Criminal Court.

In the ongoing trial based on an indictment prepared by “valuing” the FETÖ security forces, judges and prosecutors, our hopes that a “fair trial” will be made are gradually decreasing.

The principle of natural judgment was abandoned before the court committee was changed swiftly and the right to a fair trial was repeatedly violated by the practices of the changing committee.

This time, the court board listened to a mental health controversial witness (without defense lawyers), with an unprecedented practice (as explained to the public by himself), escaping from defendant advocates.

While listening to two witnesses in a high-security facility such as Silivri, the delegation’s acceptance of his statement saying “there is no security of life” by Murat Papuç is the clearest evidence that defense lawyers are among those who can “threaten life safety”.

This incomprehensible behavior of the committee means that the defense is wanted to be criminalized, excluded from the trial, and the role of the lawyers in the trial is eliminated. This is clearly a defensive attack.

The weakening of the lawyers in the judiciary, their failure to fulfill their duties, especially if they are remembered together with the crime, damages public justice and violates the right to a fair trial.

This conclusion removes the trust of citizens in justice and gradually makes the legitimacy of the decisions made by the courts controversial.

This multi-faceted discrimination, worthlessness, and inactivation moves that have been going on for lawyers who have been serving for a long time, require unlimited repetition in the Gezi case.

It is completely against the principle of “equality of arms” that the lawyers, who are the most assured of the right to a fair trial of the accused, against the desire to be convicted by associating almost every form of opposition with the crime, by being criminalized.

However, fair trial is a right for everyone.

 

Like today, tomorrow will continue to be a right for everyone.

 

In the face of these realities in the Gezi Case, we emphasize as the Bar Associations signed below that fair trial can only take place as a result of the effective exercise of the right to defense by independent courts.

Otherwise, an arbitrary jurisdiction based on witnesses to be heard without hiding the evidence without hesitation will never be fair. Defense cannot be associated with crime or identified. Because if there is no defense, there is no justice.

As the bar associations, from January 28, 2020, we will carefully monitor the results of the trial, especially in terms of defense rights. It is vital that the violation of our rights guaranteed by national and international conventions is expressed on every platform.

We present the trial to the attention and attention of the public and especially our colleagues.

 

  • Adana Bar Association
  • Ankara Bar Association
  • Antalya Bar Association
  • Ayd?n Bar Association
  • Bursa Bar Association
  • Diyarbak?r Bar Association
  • Istanbul Bar Association
  • ?zmir Bar Association
  • Mersin Bar Association
  • Tunceli Bar Association
  • Urfa Bar Association
  • Van Bar Association