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European Fact-finding mission to clarify the circumstances leading to the conviction of 18 Turkish lawyers

A group of 15 lawyers from 7 European countries met in Istanbul from 13 till 15 October 2019 for a fact-finding mission to clarify the legal circumstances that led to the conviction of 18 Turkish lawyers by the 37th High Criminal Court in March of this year, resulting in long prison sentences.

There are currently two mass trials in Turkey against members of the Turkish lawyers’ organisation ÇHD Çagdas Hukukçular Dernegi (Progressive Lawyers Association). In the first trıal, which opened in 2013, 22 lawyers are accused (CHD I proceedings). In the second, which was opened in autumn 2018, 20 lawyers have been accused (CHD II proceedings). Eight of the lawyers accused in both cases are identical, with the same accusation of being a member of a terrorist group. In the second trial in March 2019, 18 defendants were sentenced to between 3 and 18 years and 9 month imprisonment.  The chairman of the ÇHD was sentenced to 11 years and 3 months. All lawyers were convicted for activities connected with their professional functions and were identified with their clients’ causes. Istanbul Regional Court has rejected the appeal without an oral hearing. All of them will seize the Supreme Court.

The European lawyers come from Belgium, Catalonia/Spain, Greece, Germany, France, UK, Italy and Austria. They represent, among others, two international association of lawyers, two European lawyers’ organisations, the European umbrella association of bar associations, various national and regional bar associations and lawyers’ organisations.

Most of the European lawyers have already participated as observers in the mass trials of lawyers in Turkey and other politically motivated proceedings. Their main focus was on the question of whether Turkish and European law was violated in the proceedings. The results of these observations were recorded in reports.

The observations of the two CHD trials as well as numerous other politically motivated trials in Turkey, raised serious concerns about the respect for the rights of the accused and the defence lawyers. This was particularly the case with the 37th Heavy Criminal Court in Istanbul. Among other cases, it was in charge of the proceedings against Selahattin Demirtaş (one of the two HDP presidents), Canan Kaftancioglu (the Istanbul CHP president), Ahmet Altan (writer and journalist), Şebnem Korur Fincancı (the president of the Human Rights Foundation of Turkey and one of the academics for peace), İhsan Eliaçık (theologian and author).

During their stay in Istanbul, the European lawyers held talks with the defence lawyers of the 18 Turkish lawyers convicted, with 4 lawyers imprisoned in Silivri, including the chairman of the Turkish lawyers’ organisation CHD, Selçuk KOZAGAÇLI, with defence lawyers from other politically motivated trials before the 37th High Criminal Court (see above), with the President of the Istanbul Bar Association, and with members of the Turkish Parliament.

They have also examined the question, taking into account the reasons for the judgement,

  • the extent to which the independence of the court was respected in the proceedings
  • whether the principle that no one should be tried twice for the same offence has been respected (ne bis in idem)
  • whether the principles of a fair trial applicable under Turkish and European law have been respected
  • whether the evidence satisfied the legal requirements

Following their visit, the observers will record the results of their visit in a report, draw the necessary legal conclusions and ask the Turkish Minister of Justice for an interview to present the results of their visit and their conclusions.

Represented organisations:

  • ELDH – European Association of Lawyers for Democracy and World Human Rights
  • AED-EDL – European Democratic Lawyers
  • The foundation The Day of the Endangered Lawyer
  • IADL – International Association of Democratic Lawyers
  • Progress Lawyers Network
  • Giuristi Democratici
  • CCBE The Council of Bars and Law Societies of Europe
  • French National Bar Council
  • OIAD – Observatoire International des Avocats (The International Observatory of Endangered Lawyers)
  • Unione Camere Penali Italiane
  • Consiglio Nazionale Forense (Italian National Bar Association) .
  • DSF AS – Défense Sans frontière – Avocats Solidaires
  • UIA (International Association of Lawyers);
  • OBFG/Avocats.be (Association of French speaking Bars of Belgium)
  • Paris Bar Association
  • Athens Bar Association
  • Barcelona Bar Association
  • Berlin Bar Association
  • Brussels (French-speaking) Bar Association
  • Brussels (Dutch-speaking) Bar Association (NAOB)
  • Liège Bar Association
  • Vienna Bar Association

 

This is a link from the web site of Pir News Agensa which participated the press statament (only in Turkish) It includes the video recording of the conference.

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No to the aggression of the people of North-East Syria (Rojava)

The AED-EDL expresses its firm condemnation of Turkish military
operations aiming at the invasion of Northern Syria-Rojava.

This invasion has the sole purpose of putting an end to the experience
of the North-East Syrian Democratic Autonomous Administration, and will
cause suffering and mourning primarily in the civilian population.

The Autonomous Administration was born of the common struggle of the
people of North-East Syria, in all their ethnic and religious components
(not only Kurds but also Arabs, Armenians, Turkmen, Chechens, Yazidi,
Alevi, Muslims, Christians) against ISIS while experimenting a new model
of real democratic coexistence.

The invasion of the Turkish troops with the consent of the American
President, aims to annihilate this political project while terrorizing
and massacring, not only those who valiantly fought and beat the ISIS
but also the civilian population.

This invasion risks returning the area to a reconstitution of the
Islamic State.

Realpolitik cannot justify the inertia towards this crime of countries
that proclaim themselves democratic.

We strongly ask that the European Governments:
– Condemn the aggression of the people living in this region: Kurds,
Arabs, Armenians, Turkmen, Chechens, Yazidi, Alevi, Muslims, Christians
– Impose with immediate effect a ban on arms trade with Turkey

As peace and justice are under threat as result of this military
operation, we demand:
– the immediate suspension of the EU-Turkey agreement, because Turkey is
not a safe third country;
– the resettlement of refugees from Turkey to Europe

We express our solidarity with our Kurdish and Turkish colleagues whose
working and living conditions will be even worse in a state of war. We
also want to show our solidarity to all the Turkish citizens who in
spite of the new wave of repression, protest against this military
aggression. Furthermore, we express our solidarity to the people of the
region, asking from now for an international investigation of the facts.

Amsterdam, Athens, Barcelona, Berlin, Brussels, Colmar, Madrid, Milan,
Paris, Rome, Toulouse, Turin….2019

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International Statement of Solidarity

4 October 2019 – We, the undersigned organizations, are deeply shocked by the brutal killing of our Dutch colleague Derk Wiersum. We extend our deepest condolences to Mr. Wiersum’s family, friends, colleagues and all others affected by his death.

Mr. Wiersum, a well-respected lawyer and deputy judge, was shot in broad daylight right outside his house in Amsterdam in the early morning of 18 September 2019. He was representing a crown witness in the so-called Marengo-trial, a high-profile criminal case against members of an organization accused of several murders and attempted murders in the last couple of years. Although the events are still being investigated, it is assumed and highly likely that the death of Mr. Wiersum is related to his work as a lawyer.

This killing of a lawyer, apparently in connection with his work, raises serious concerns for the safety of lawyers and poses a threat to the proper functioning of the rule of law and the adequate protection of rights, including the right to remedies and fair trial.

Lawyers, as well as judges and prosecutors, should be able to do their work freely and independently. The UN Basic Principles on the Role of Lawyers specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).

We welcome the prompt and public condemnation of this crime and the immediate measures taken by the Dutch authorities to initiate an investigation, which should lead to the identification and prosecution of the perpetrators. We also welcome that measures were taken promptly and immediately to protect lawyers and all others who need protection in the Marengo-case. We expect that the Dutch authorities will do everything in their power to ensure that lawyers can do their work safely, freely, and independently in all circumstances.

We stand in solidarity with all colleague-lawyers, judges and prosecutors in the Netherlands, who are at risk for simply doing their job.

Organizations

 

Download the press statement here