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The arbitrary detention and long-term imprisonment of 18 lawyers

The AED has co-signed a letter directed at the UN denouncing the arbitrary detention and long-term imprisonment of 18 lawyers. We publish it here to explain the mechanisms of their judicial situation:

 

FOR THE ATTENTION OF:

  • Special Rapporteur on the independence of judges and lawyers
  • Special Rapporteur on the situation of human rights defenders
  • Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
  • Special Rapporteur on the promotion and protection of human rights while countering terrorism

 

Dear Madam/Sir:

 

URGENT ACTION: The arbitrary detention and long-term imprisonment of 18 lawyers from Halkın Hukuk Bürosu (HHB, the Peoples’ Law Office) and Ҫağdaş Hukukçular Derneği (ҪHD, the Progressive Lawyers Association) in violation of fair trial principles and of their rights to freedom of expression.

BACKGROUND

  1. On 15 July 2016, a faction of Turkey’s armed forces staged a violent coup attempt which resulted in the deaths of over 200 and injuries to over 2,000 people.[1] Following the attempted coup, the Government of Turkey (Government) declared a three-month state of emergency to commence on 21 July 2016. The state of emergency was later extended seven times (by three month increments each time) and eventually ended on 19 July 2018.[2] The state of emergency exacerbated the “purge” of State organs and civil society of those allegedly connected to the “Gülen movement”[3] (who were blamed by the Government for the coup attempt) and supporters of the opposition critical of the Government. Mass dismissals of public servants took place without due process amounting to hundreds of thousands including judges, prosecutors, police, military personnel and academics as well as forced closures of media outlets, civil society organisations, universities and trade unions.[4] Human rights defenders (including lawyers), journalists and NGO members who had sought to expose rights violations have been persecuted and often arbitrarily detained and imprisoned.[5] The common thread is, under the guise of national security arguments, the suppression and criminalization of all expression or association of those who are perceived to potentially express, inspire or support criticism of state action or expose state wrongdoing.
  2. The independence and impartiality of the judiciary has been substantially undermined by legislative and constitutional amendments (both pre and post-coup) which have increased executive influence over the judiciary. The judiciary now lacks the capacity to ensure a robust system of justice and uphold the rule of law, especially with reference to remedies for human rights violations by state actors flowing from the state of emergency measures.[6]
  3. Further eroding the rule of law and justice, the Government has adopted a sustained practice of targeting members of the legal profession and interfering with their ability to perform their roles as a key part of the justice system.[7] The Government has prevented lawyers from performing their legitimate duties as lawyers by restricting access to case files and indictments, limiting clients’ access to their lawyers and committing breaches of legal professional confidences including by observing and recording confidential meetings with clients.[8] Lawyer/client visits have also been restricted.
  4. The rights of individuals accused of terrorist crimes to retain legal counsel while in pre-trial detention and to prepare their defence have been largely restricted since the coup attempt, including the right to privileged communication with their lawyer. As stated recently by a lawyer interviewed for a report on the situation of lawyers in Turkey,“[a]s a lawyer you meet your client in prison, and you have no possibility of confidential communication since there’s a prison guard present, a microphone and a camera.”[9] Concerns have also been raised regarding the principle of equality of arms between the prosecution and the defendant as the defendant’s lawyers’ role is significantly subverted and almost reduced to the simple formality of appearing at the court proceeding.
  5. The Government has also interfered with the legal profession through the persecution of lawyers, both by way of intimidation but also through arbitrary arrests, detention, imprisonments and ill-treatment.[10] Several lawyers interviewed for the report mentioned above reported threatening remarks from police officers when they visited detainees in police station such as: “Watch out. Representing these suspects could be bad for you” and “It’ll be your turn next”.[11]
  6. Targeted lawyers (and many other members of civil society) have been charged with terror related offences such as membership in a terrorist organisation, forming and leading a terrorist organisation and aiding and abetting a terrorist organisation under Articles 314 and 220 of the Turkish Penal Code. The overly broad language and criteria used in these Articles has led to arbitrary convictions and arbitrarily imposed terms of imprisonment preventing the lawyers from carrying out their role effectively as one of the main pillars of the justice system.[12]
  7. The Office of the High Commissioner for Human Rights (OHCHR), among other bodies, has “identified a pattern of persecution of lawyers representing individuals accused of terrorism offences”.[13] The principle of non-identification of lawyers with their clients and their causes required by the UN Basic Principle on the Role of Lawyers[14] has been undermined by the Turkish authorities. A lawyer described this situation by stating that “If a lawyer defends a Kurd these days that makes him a Kurdish nationalist. If he defends a FETÖ suspect, he is a FETÖ member”.[15]
  8. The UN Special Rapporteur for the Promotion and Protection of Human Rights while Countering Terrorism, following a 2006 visit in Turkey, had criticized the vague definition of terrorist crimes for not being in line with international norms and standards and warned that “only full clarity with regards to the definition of acts that constitute a terrorist crime can ensure that the crime of membership, aiding and abetting and what certain authorities refer to as ‘crime of opinion’ are not abused for purpose other than fighting terrorism.”[16] Since the 2016 coup attempt, these overly broad and vague laws have been used to illegitimately investigate, prosecute and/or convict upwards of 402,000 individuals as of January 2019. [17] Among those individuals, lawyers were specifically targeted: 1,546 lawyers have been prosecuted under these provisions, 598 arrested and 274 convicted and sentenced to long term prison sentences ranging from 2 to 18 years.[18] There have been recent reports that this persecution of lawyers has now been extended to covert State investigations into those lawyers’ families, including their children and spouses.[19] Lawyers in Turkey are being persecuted for simply performing their constitutionally protected roles peacefully and lawfully. They are prosecuted, and often convicted, based on vague definitions of terrorism and related acts. The arbitrary application of these laws to silence and intimidate human rights defenders and lawyers lawfully exercising their right to freedom of expression, among other fundamental human rights, has been vividly present.[20] Following the declaration of the state of emergency, 1,719 human rights, humanitarian, and lawyers’ associations, foundations and NGOs were permanently closed by the Government.[21] This threatening and harassing climate has subsequently compelled human rights NGOs to exercise self-censorship.[22]

 

CASE STUDY

  1. In 2016, ҪHD, which was a lawyers’ organization well known for speaking out against State repression, practices of torture and other human rights violations,[23] was forced to close by virtue of a state of emergency decree (Statutory Decree No. 677). On 12 September 2017, sixteen lawyers from HHB and ҪHD, Didem Baydar Ünsal, Şükriye Erden, Ayşegül Çağatay, Ebru Timtik, Aytaç Ünsal, Zehra Özdemir, Yağmur Ereren, Engin Gökoğlu, Süleyman Gökten, Aycan Çiçek, Naciye Demir, Behiç Aşçı, Barkın Timtik, Özgür Yılmaz, Ahmet Mandacı and Ezgi Gökten were taken into custody on the basis of allegations that they were members of or leading members of the Revolutionary People’s Liberation Party-Front (DHKP-C), a Turkish Marxist-Leninist Party which Turkey considers an armed terrorist organization.[24] All sixteen lawyers were representing Nuriye Gülmen and Semih Özakça, an academic and a teacher respectively, who had engaged in public protests and went on a hunger strike objecting to dismissals from their jobs facilitated by a state of emergency decree. The defence lawyers were arrested two days before Gülmen and Özakça’s trial started. Fifteen out of the sixteen lawyers were remanded in custody on 21 September 2017. The chair of ÇHD, Selçuk Kozağaçlı, was arrested on 8 November 2017 and remanded in custody on 13 November 2017.[25] Yaprak Türkmen was taken into custody on 18 December 2017 under the same investigation file; she was kept in custody for 2 days and her pre-trial detention was ordered on 20 December 2017 by an Istanbul Criminal Judgeship of Peace.[26]
  2. In total, twenty lawyers were accused of being members or leaders of DHKP-C and the pre-trial detention of 17 was ordered. An indictment was then prepared by the Istanbul Public Prosecutor and issued on 22 March 2018. On 14 September 2018, the Istanbul 37th Heavy Penal Court ordered the release of all 17 detained lawyers, Ahmet Mandacı, Aycan Çiçek, Ayşegül Çağatay, Aytaç Ünsal, Barkın Timtik, Behiç Aşçı, Didem Baydar Ünsal, Ebru Timtik, Engin Gökoğlu, Naciye Demir, Özgür Yılmaz, Selçuk Kozağaçlı, Süleyman Gökten, Şükriye Erden, Yağmur Ererken, Yaprak Türkmen and Zehra Özdemir. However, less than 24 hours after their release, the Prosecutor’s Office objected to the release of the lawyers.[27] The court panel issued a new arrest warrant for 12 of the 17 lawyers who were previously released. By the second week of December, six of them were arrested again.[28] On 19 September 2018, two judges of the court that had ordered pre-trial release on 14 September 2018, including the presiding judge, were replaced by two new judges.
  3. The “trial” of the lawyers, six of whom had been held in pre-trial detention, occurred in three hearings. The third and final hearing was held between 18 March and 20 March 2019 at the Istanbul 37th Heavy Penal Court in Silivri Courthouse. The lawyers were convicted of terrorism offences linked to DHKP-C and sentenced to prison terms. The court reaffirmed the Public Prosecutor’s conclusion, that by providing legal representation to individuals charged with links to the outlawed DHKP-C, the lawyers became themselves members of the illegal group.[29]
  4. The names of the lawyers, the charges they faced and the subsequent sentences they received are as follows:
  • For “willingly and knowingly aiding a terrorist organization,” under Articles 314(3) and 227(2) of the Turkish Penal Code: Ayşegül Çağatay, Yağmur Ereren, Didem Baydar Ünsal, Yaprak Türkmen: 3 years 9 months; Ahmet Mandacı, Zehra Özdemir: 2 years 13 months, and 15 days imprisonment.
  • For “membership of a terrorist organization” under Article 314(2) of the Turkish Penal Code: Ebru Timtik, Özgür Yılmaz 13.5 years; Behiç Aşçı, Sukriye Erden: 12 years; Selçuk Kozağaçlı (ÇHD President): 11 years and 3 months; Suleyman Gokten, Aytaç Ünsal, Engin Gökoğlu: 10.5 years; Aycan Çiçek, Naciye Demir: 9 years; Ezgi Cakir: 8 years imprisonment.
  • For “founding and managing a terrorist organization” under Article 314(1) of the Turkish Penal Code: Barkın Timtik: 18 years and 9 months imprisonment.
  1. The trial was plagued by a distortion of procedural process and lack of respect for universally accepted elements of a fair trial which have been criticised by Amnesty International as “a travesty of justice [that] demonstrate yet again the inability of courts crippled under political pressure to deliver a fair trial”.[30] Such concerns included arguments by the prosecution based on digital records which were not in the case file and not made available to the defence, and the judge not allowing the defence to speak or to engage in any effective manner to challenge evidence and refusing a request to facilitate the collection of further evidence and investigation.[31] The judges also interrupted a request by the defence for the recusal of the presiding judge, they did not allow them to finish their submission and then had all the defendants and their lawyers removed from the court. The sentences were issued the following day without the defendants and their lawyers being allowed to return to court to submit their final defence statements and participate further in the proceedings.[32]
  2. Representatives of bar associations in Turkey, as well as a number of international lawyers’ organisations, attended the final hearing.[33] Subsequently, a statement formulated by 39 bar associations across Turkey condemned what they referred as “repeated violations of the right to a fair trial, of the criminal procedure code and of principles of the law by the court.”[34] The international monitors drafted reports similarly criticizing the way the trial had been conducted by the court.[35]

 

TURKEY’S OBLIGATION UNDER DOMESTIC AND INTERNATIONAL LAW

Right to Liberty and Security and Right to a Fair Trial

  1. Domestic law: The right to liberty and security, protecting an individual’s right not to be arbitrarily deprived of liberty, is recognised under the Constitution of Turkey (Constitution).[36] Article 19 of the Constitution protects everyone’s right to liberty and security: according to paragraph 3, conditio sine qua non for a lawful arrest is the presence of strong evidence of the commission of a crime. Article 90 of the Constitution provides that international agreements concerning fundamental rights and freedoms, such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR), “duly put into effect carry the force of law.”
  2. Moreover, under Article 100 of the Turkish Code of Criminal Procedure,[37] a pre-trial detention can be carried out only if facts show the existence of a strong suspicion of a crime and one of the listed grounds for arrest is present. Such grounds are as follows: specific facts supporting the suspicion that the suspect or accused is going to flee; suspicion that the suspect or the accused will attempt to destroy, hide or alter the evidence, or will attempt to put pressure on witnesses, victims or other individuals.
  3. International law: The right to liberty and security is protected under existing human rights law instruments, both at an international and at a regional level. Article 9 of the Universal Declaration of Human Rights (UDHR),[38] Articles 9 and 14 of the ICCPR,[39] and Article 5 of the ECHR[40] guarantee everyone’s right to liberty and security and prohibit any arbitrary violation of such rights, with Article 14 of the ICCPR laying out fair trial standards.
  4. The main aim of the abovementioned provisions is to protect individuals from arbitrary deprivation of liberty. Thus, any substantive grounds for arrest or detention must be “prescribed by law” with sufficient precision to prevent arbitrariness. Even if an arrest or detention has legal basis and is administered following the procedures established by domestic law, it may still be arbitrary unless it is reasonable, necessary and proportionate. The notion of “arbitrariness” therefore is a broader concept which includes “elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality.”[41] The UN Human Rights Committee notes that detention as punishment for the legitimate exercise of the rights of freedom of opinion and expression, freedom of assembly or freedom of association is considered to be arbitrary. Similarly, deprivation of liberty pursuing an aim of intimidation or reprisal against a person is also arbitrary.[42]
  5. Application of the law: The arrest and subsequent detentions of the lawyers detailed above are unlawful both under Turkey’s domestic laws and the State’s international human rights obligations. In light of the State rhetoric[43] surrounding the lawyers’ defence of Nuriye Gülmen and Semih Özakça and other work criticising the Government’s human rights violations, this trial and resulting imprisonments seem to be a tool to harass lawyers, as they are being prosecuted and punished merely for carrying out their professional obligations. In addition, their arrests, detention and sentencing constitute an unlawful interference with the rights of their clients to petition the ECtHR under the ECHR. The lawyers are being charged and have been imprisoned for their legal activities as members of their respective associations; these are legitimate activities carried out in the course of discharging their professional duties. Moreover, legal representation cannot be used as a tool to identify lawyers with their clients or their clients’ causes.[44] To allow lawyers to be identified with their clients’ alleged causes is certain to discourage lawyers from defending many accused persons, thereby depriving many accused individuals of their fundamental right to a proper legal defence. The lawyers in this case have been impermissibly identified with their clients and consequently prosecuted.
  6. The absence of due process rights and fair trial standards in the procedure followed against the lawyers amounts to violations under Article 14 of the ICCPR, and, regarding arbitrary detention, under Article 9 of the ICCPR. Such fair trial deficiencies include the failure to allow the defence to examine prosecution evidence and witnesses and the refusal by the judge to even hear certain defence arguments (including a request that the judge be recused).[45] Under Article 14 (1) of the ICCPR, there must be equality of arms between the parties in a proceeding.[46] This principle was undermined significantly in the trial as the lawyers’ defence teams were prevented from cross-examining witnesses, as provide for under Article 14 (3)(e) of the ICCPR,[47] from accessing and actioning investigations into prosecution evidence (contrary to Article 14 (3)(b) of the ICCPR) and by the court refusing to hear defence legal arguments and then later expelling them from proceedings.[48] Article 14 3(d) of the ICCPR ensures that the accused be present during their trial and be able to defend themselves through legal representation of their choosing. The court, by removing all defendants and their legal representation towards the end of the trial and from the sentencing portion has violated this right without any objective and reasonable basis.[49] There are therefore violations of Articles 9, 14 and 19 of the ICCPR in relation to the detention and prosecution of the 18 lawyers.

 

Rights of Lawyers and Rule of Law

  1. International Law: At an international level, the rights of lawyers, including their right to liberty and security, are protected by a number of instruments including the 1990 United Nations Basic Principles on the Role of Lawyers,[50] the Draft Universal Declaration on the Independence of Justice, paragraph 7 of UN Resolution No. 2004/33/19, and Recommendation No. 21 of the Committee of Ministers to Member States on the freedom of exercise of profession of lawyer adopted by the European Council in 2000. These instruments clearly recognise the fundamental role of the legal profession in the administration of justice and maintenance of the rule of law.
  2. The Basic Principles on the Role of Lawyers state that lawyers’ enjoyment of the rights and freedoms recognised under international human rights instruments and relevant to their professional conduct must be respected. Accordingly, States are obliged to recognise and uphold the independence of lawyers. Principle 16 states that Governments are under obligation to ensure that no restrictions, influences, inducements, pressures, threats or interference are to be imposed on lawyers while they are discharging their professional duties. States must enable lawyers to carry out their professional activities freely, diligently and fearlessly, without any inhibition or pressure. Lawyers shall enjoy the right to take full and active part in the political, social and cultural life of their country. According to Principle 23, lawyers are entitled to freedom of expression, opinion and association. Moreover, lawyers have the right to take part in public discussions of matters concerning the upholding of international human rights “without suffering professional restrictions”.[51] Due to the increased incidents of harassment, threats and attacks against lawyers in a number of Council of Europe countries, including Turkey, and undue interference with their legitimate activities, the Parliamentary Assembly of the Council of Europe has recommended the drafting of a binding Convention for the protection of lawyers in member states,[52] taking its previous recommendation a step forward.[53]
  3. Furthermore, Article 9 of the United Nations Declaration on Human Rights Defenders states that “everyone has the right […] to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms”;[54] and Article 11 imposes an obligation on States to ensure everyone’s right “to the lawful exercise of his or her occupation or profession”.[55] Lastly, according to Principle 18 of the UN Basic Principles on the Role of Lawyers, “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”.[56]
  4. Application of the law: The apprehension and detention of the 18 Turkish lawyers constitutes a serious interference with their rights and freedoms, as stipulated under the above-mentioned international instruments. By arresting and sentencing these lawyers, the Government not only prevents them from exercising their professional duties but also denies prospective or actual clients the right to be represented by a lawyer of their choice. These acts constitute a violation under both Article 6(2) of the ECHR and Article 14 of the ICCPR, as well as the above-mentioned principles stipulated under the UN Basic Principles on the Role of Lawyers including Principle 1 stating that “all persons are entitled to call upon the assistance of a lawyer of their choice”.
  5. This case raises issues in relation to a number of other rights and freedoms including the right to freedom of expression, association and peaceful assembly, and the right to respect for private life and correspondence of lawyers. In this submission, however, the focus has been on the above-mentioned aspects of the violations resulting from unlawful detention and prosecution of the 18 lawyers.
  6. Turkish State authorities are using arrests and detentions as tools to prosecute lawyers and other human rights activists for working on cases that shed light on possible human rights violations perpetrated by the Government. Such conduct by the Turkish State constitutes a breach of Turkey’s international obligation to ensure that lawyers are not being prevented from performing their professional functions freely.

 

ACTIONS REQUESTED

  1. We request the Special Rapporteurs urge the Turkish authorities to facilitate the immediate acquittal of lawyers Ayşegül Çağatay, Yağmur Ereren, Didem Baydar Ünsal, Yaprak Türkmen, Ahmet Mandacı, Zehra Özdemir, Ebru Timtik, Özgür Yılmaz, Behiç Aşçı, Sukriye Erden, Selçuk Kozağaçlı, Suleyman Gokten, Aytaç Ünsal, Engin Gökoğlu, Aycan Çiçek, Naciye Demir, Ezgi Cakir and Barkın Timtik; and the urgent release of those in detention pending appeal.
  2. We further request the Special Rapporteurs urge the Turkish authorities to stop all forms of harassment, including judicial harassment, against these individuals as well as other lawyers and human rights defenders in Turkey, and allow them to perform their professional and lawful functions without intimidation or improper interference.
  3. We request the Special Rapporteurs intervene in these serious matters and raise these issues, as a matter of priority, with the Turkish authorities. In particular, the Special Rapporteurs are requested to communicate – if possible, jointly – the concerns outlined in relation to the detention of the 18 lawyers.
  4. We request the Special Rapporteurs urge the Turkish authorities to immediately stop using oppressive methods against individuals, particularly lawyers and other human rights defenders, who are critical of the human rights violations perpetrated by the State authorities including the security forces.
  5. We request the Special Rapporteurs urge the Turkish authorities to ensure the independence of the judiciary by law and practice and to prevent judges, prosecutors and lawyers from undue interferences.
  6. We request the Special Rapporteurs call on the Government of Turkey to comply with the provisions of the ICCPR, the UN Basic Principles on the Role of Lawyers, the UN Declaration on Human Rights Defenders and other international instruments on the protection and promotion of fundamental rights and freedoms.
  7. We would be grateful if you would kindly confirm what action you will be taking and to inform us of any response received from the Turkish authorities.
  8. Finally, we would be grateful for your acknowledgement of receipt of this letter.

 

Yours faithfully,

 

[1]Amnesty International, No End in Sight, Purged Public Sector Workers Denied a Future in Turkey, 2017, https://www.amnesty.org/en/documents/eur44/6272/2017/en/, accessed 29 March 2019.

[2] On 9 August 2018, the lifting of the state of emergency and end of the derogation period was notified by the Turkish Government to the Secretary General of the UN, https://treaties.un.org/doc/Publication/CN/2018/CN.378.2018-Eng.pdf, accessed 29 March 2019.

[3]This movement is a collective term for those followers of the now US-based Islamic cleric Fethullah Gulen who the Turkish Government blamed for orchestrating the 2016 coup attempt.

[4]Human Rights Joint Platform, Updated Situation Report- State of Emergency in Turkey, 21 July 2016 – 20 March 2018, http://www.ihop.org.tr/en/wp-content/uploads/2018/04/SoE_17042018.pdf>\, accessed 29 March 2019.

[5] Amnesty International, Turkey: NGOs unite to defend civil society from destruction, 27 February 2019, https://www.amnesty.org/en/latest/news/2019/02/turkey-ngos-unite-to-defend-civil-society-from-destruction/, accessed 29 March 2019.

[6] See. International Commission of Jurists, Turkey: the Judicial System in Peril : A briefing paper, https://www.icj.org/wp-content/uploads/2016/07/Turkey-Judiciary-in-Peril-Publications-Reports-Fact-Findings-Mission-Reports-2016-ENG.pdf; Council of Europe Group of State Against Corruption (GRECO), Fourth Evaluation Round Turkey: Corruption Prevention In Respect of Members of Parliament, Judges and Prosecutors, 15 March 2018, https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680792de8; Parliamentary Assembly of the Council of Europe, The worsening situation of opposition politicians in Turkey: what can be done to protect their fundamental rights in a Council of Europe member State?, Resolution 2260 (2019), 24 January 2019, http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=25425&lang=en, accessed 29 March 2019.

[7]Human Rights Watch, World Report 2019, https://www.hrw.org/world-report/2019/country-chapters/turkey, accessed 5 April 2019.

[8] The Law Society of England and Wales, Bar Human Rights Committee of England and Wales, International Bar Association Human Rights Institute, Joint Submission to the Special Rapporteur on the Independence of Judges and Lawyers concerning International Law Breaches Concerning the Independence of Legal Profession in Turkey, 18 September 2018, p.18-30, http://www.barhumanrights.org.uk/wp-content/uploads/2018/09/bhrc-ibahri-lsew-joint-submission-turkey-final2.pdf, accessed on 5 April 2019.

[9] Human Rights Watch, Lawyers on Trials; Abusive Prosecutions and Erosion of Fair Trial Rights in Turkey, April 2019, p.6 and 8, https://www.hrw.org/sites/default/files/report_pdf/turkey0419_web.pdf, accessed 18 April 2019.

[10] Ibid.

[11] Human Rights Watch, Lawyers on Trials; Abusive Prosecutions and Erosion of Fair Trial Rights in Turkey, April 2019, p.7, https://www.hrw.org/sites/default/files/report_pdf/turkey0419_web.pdf, accessed 18 April 2019.

[12] European Commission for Democracy Through Law, Opinion on Articles 216, 299, 301 and 314 of the Penal Code of Turkey, Adopted at 106th Plenary Session, Venice, 11-12 March 2016, Opinion No. 831/2015, 15 March 2016, https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)002-e, accessed 29 March 2019; Council of Europe Commissioner for Human Rights, Third party intervention by the Council of Europe Commissioner for Human Rights, 10 October 2017, https://rm.coe.int/third-party-intervention-10-cases-v-turkey-on-freedom-of-expression-an/168075f48f, accessed 29 March 2019.

[13] UN Office of the High Commissioner for Human Rights (OHCHR), Report on the Impact of the State of Emergency on Human Rights in Turkey, Including an Update on the South-East, March 2018, https://www.refworld.org/docid/5ab146c14.html, accessed 29 March 2019.

[14] UN Basic Principles on the Role of Lawyers, 1990, principle 18, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfLawyers.aspx, accessed 5 April 2019.

[15] Human Rights Watch, fn no. 11, p.6.

[16]Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on his mission to Turkey (April 16-23, 2006), November 16, 2006, §90, https://documents-ddsny.un.org/doc/UNDOC/GEN/G06/149/42/PDF/G0614942.pdf?OpenElement, accessed 1 April 2019.

[17] The Arrested Lawyers Initiative, New Report: Incarceration of Turkish Lawyers: Unjust Arrests and Convictions (2016-2018), 1 April 2019, p.33, https://arrestedlawyers.files.wordpress.com/2019/04/report9.pdf, accessed 10 April 2019.

[18] Ibid., p.1.

[19] Ibid, p. 31.

[20] OHCHR, Report on the impact of the state of emergency on human rights in Turkey, fn no. 13.

[21] Ibid, p. 3, §13

[22] Ibid. p. 22, §92.

[23] Stockholm Center for Freedom, Lawyers association: Imprisoned Gülen followers subject to rape, nail extraction, object insertion, January 18, 2017, https://stockholmcf.org/lawyers-association-imprisoned-gulen-followers-subject-to-rape-nail-extraction-object-insertion/, accessed 1 April 2019.

[24] Bianet, 14 Detained Attorneys of Gülmen, Özakça on Hunger Strike Arrested, 21 September 2017, https://bianet.org/english/law/190006-14-detained-attorneys-of-gulmen-ozakca-on-hunger-strike-arrested.

[25] Bianet, Progressive Legist Association Chair Kozagacli Arrested, 14 November 2017,       http://bianet.org/english/law/191498-progressive-legists-association-chair-kozagacli-arrested.

[26] European Association of Lawyers for Democracy & World Human Rights (ELDH), Summary of Trial Against 20 Lawyers, https://eldh.eu/wp-content/uploads/2019/03/SUMMARY-OF-TRIAL-AGAI%CC%87NST-20-LAWYERS.pdf, accessed 3 April 2019.

[27] A similar example was seen in a case where 29 journalists were tried for being members of a terrorist organization aftermath of attempted coup d’état. Journalists were rearrested after courts had ordered their release and the judges and a prosecutor of the case were suspended by the Supreme Board of Judges and Prosecutors (HSYK), http://www.hurriyetdailynews.com/turkeys-board-of-judges-prosecutors-temporarily-suspends-four-for-ordering-release-of-gulen-suspects-111576.

[28] Bianet, 18 Lawyers Sentenced to Prison for 159 Years, 1 Month, 30 Days in Total, 20 March 2019, https://bianet.org/english/law/206630-18-lawyers-sentenced-to-prison-for-159-years-1-month-30-days-in-total, accessed 16 April 2019.

[29] Human Rights Watch, fn no. 11, p.34.

[30] ELDH, 18 Turkish lawyers sentenced to long prison terms, March 20 2019, https://eldh.eu/2019/03/21/18-turkish-lawyers-sentenced-to-long-prison-terms/, accessed 3 April 2019.

[31]ELDH, Summary of Trial Against 20 Lawyers, fn no. 23.

[32] Ibid.

[33] Human Rights Watch, fn no. 11, p.34; Statement by the Paris Bar Association calling for the release of the lawyers, http://www.avocatparis.org/turquie-18-avocats-condamnes-jusqua-18-ans-de-prison-le-barreau-de-paris-appelle-leurliberation, accessed 18 April 2019.

[34] Statement to the media on the trial of ÇHD members by the heads of 39 bar associations, http://www.diyarbakirbarosu.org.tr/39barodanchduyesimeslektaslarimizinyargilanmasinailiskinortakbasinaciklamasi- /1564, accessed 18 April 2019.

[35] See for example, https://eldh.eu/en/2019/03/21/18-turkish-lawyers-sentenced-to-long-prison-terms/; https://eldh.eu/wp-content/uploads/2019/03/CCBE-EN_HRL_20190326_Turkey_Sentencing-of-18-human-rights-lawyers.pdf.

[36] Constitution of Turkey, http://www.hri.org/docs/turkey/part_ii_2.html, accessed 3 April 2019.

[37]Turkish Code of Criminal Procedure,

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwi5kovg44vMAhUHbBoKHSo0BwMQFggdMAA&url=http%3A%2F%2Fwww.legislationline.org%2Fdocuments%2Fid%2F17788&usg=AFQjCNH0fibE4WxXgabmIwqOjukpyOXObA&sig2=gCxh2IWoP9XMjelh0cdrWQ&cad=rja, accessed 4 April 2019.

[38]UN General Assembly, Universal Declaration of Human Rights, 10 December 1948,

http://www.refworld.org/docid/3ae6b3712c.html , accessed 3 April 2019.

[39]UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, 999 UNTS 171, http://www.refworld.org/docid/3ae6b3aa0.html, accessed 19 April 2016). Turkey ratified the ICCPR on 23 September 2003 with one reservation and ratified the Optional Protocol to the International Covenant on Civil and Political Rights on 24 November 2006 and the Second Optional Protocol to the International Covenant on Civil and Political Rights on 2 March 2006. Both Optional Protocols entered into force on 24 February 2007.

[40]Council of Europe, European Convention on Human Rights, 4 November 1950,http://www.refworld.org/docid/3ae6b3b04.html, accessed 4 April 2019.

[41] CCPR Human Rights Committee General comment no.35 on Article 9 concerning liberty and security of a person, adopted on 16 December 2014, para.12.

[42] Ibid, paras.17 and 53.

[43] Platform Peace & Justice, Right to Defence is Abolished under the State of Emergency in Turkey, 14 September 2017, http://www.platformpj.org/opinion-right-defence-abolished-state-emergency-turkey/, accessed 10 May 2019.

[44] UN Basic Principles, fn o. 14, principles 16-18.

[45] ELDH, fn no. 23.

[46] UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32, para 13, https://www.refworld.org/docid/478b2b2f2.html, accessed 10 May 2019.

[47]Avocats Barreau Paris, Turkey: 18 lawyers sentenced to 18 years in prison, the Paris Bar calls for their release, 21 March 2019, http://www.avocatparis.org/turquie-18-avocats-condamnes-jusqua-18-ans-de-prison-le-barreau-de-paris-appelle-leur-liberation, accessed 10 April 2018.

[48] Diyarbakir Barosu, 39 Joint Press Release Regarding the Trial of ÇHD Member Colleagues, 21 March 2019, http://www.diyarbakirbarosu.org.tr/39barodanchduyesimeslektaslarimizinyargilanmasinailiskinortakbasinaciklamasi-/1564, accessed 10 April 2019.

[49] Human Rights Watch, Case Against 20 Lawyers for Membership of the Revolutionary People’s Liberation Party-Front, 10 April 2019, https://www.hrw.org/report/2019/04/10/lawyers-trial/abusive-prosecutions-and-erosion-fair-trial-rights-turkey, accessed 10 April 2019.

[50]UN Basic Principles, fn no. 14.

[51]UN Basic Principles, fn no. 14, Principle 23.

[52] http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=24296&lang=en.

[53] Council of Europe, PACE Recommendation no (2000) 21 of the Committee of Ministers of member states on the freedom of exercise of the profession of lawyer, 25 October 2000, https://www.asianajajaliitto.fi/files/19/R2000-21_Freedom_of_exercise_of_the_profession_of_lawyer.pdf.

[54]UN General Assembly, Resolution No. A/RES/53/144, 8 March 1999

<http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Declaration.aspx> accessed 4 April 2019

[55]Ibid.

[56]UN Basic Principles, fn no. 14, Principle 23.

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A travesty of justice – 18 Turkish lawyers sentenced to long prison terms, 159 Years, 1 Month, 30 Days in Total

On Wednesday 20 March 2019, the İstanbul 37th Heavy Penal Court in Silivri Courthouse announced its verdict in the case of the ÇHD (Çağdaş Hukukçular Derneği, Association of Progressive Lawyers). The lawyers have been sentenced to prison terms between 2 years, 13 months, and 15 days and 18 years and 9 months. The Court delivered its judgment without taking into account the lawyers defence.

The allegations and sentences:
For alleged “founding and managing a terrorist organization”:

▪ Barkın Timtik: 18 years and 9 months
For alleged “membership in a terrorist organisation”
▪ Ebru Timtik, Özgür Yılmaz 13,5 years
▪ Behiç Aşçı, Sukriye Erden: 12 years
▪ Selçuk Kozağaçlı (ÇHD President) : 11 years and 3 months
▪ Suleyman Gokten, Aytaç Ünsal, Engin Gökoğlu: 10,5 years,
▪ Aycan Çiçek, Naciye Demir: 9 years
▪ Ezgi Cakir: 8 years

For alleged “willingly and knowingly aiding a terrorist organization,”:
▪ Ayşegül Çağatay, Yağmur Ereren, Didem Baydar Ünsal, Yaprak Türkmen: 3 years 9 months
▪ Ahmet Mandacı, Zehra Özdemir: 2 years 13 months, and 15 days

Numerous lawyers from European and non-European countries observed the trial from the outset. Among them were representatives of the International Association of Democratic Lawyers (IADL), the European Association of Democratic Lawyers (AED-EDL), the European Association of Lawyers for Democracy and World Human Rights (ELDH), Lawyers for Lawyers, Avocats sans Frontières – Avocats Solidaires (ASF AS), Bar Associations from Belgium, France and Norway, the Italian Democratic Lawyers, the Italian Association of Criminal Lawyers, and Legal Team Italy.

After the court had issued the verdict the observers held a press conference to declare “We are convinced that at this point this trial is completely null and void. Protesting against the heavy prison terms inflicted we insist on the immediate acquittal of all defendants, to be attained through all possible judicial and legal means. We express our solidarity to the defendants in the name of the common struggle for upholding justice and rule of law.”

Milena Buyum, Amnesty International’s Senior Campaigner on Turkey, who observed the trial hearing, commented: “Today’s convictions are a travesty of justice and demonstrate yet again the inability of courts crippled under political pressure to deliver a fair trial.”

From the beginning the trial observers had the impression that the defendants were only accused for practising their legal profession according to the Turkish, European and International rules. This impression was confirmed when the court released 17 lawyers from pre-trial detention on 14 September 2018 only for them to be rearrested one day later after the judge was replaced. On [date?] the presiding judge expressed his decision not to admit any new evidence or any other applications of the defence lawyers. Finally he excluded the defence lawyers from the trial.

Other courts in Turkey or in Europe will have to decide if they accept this blatant violation of the rule of law and of the principles of a fair trial.

In the view of ELDH, the verdict is politically motivated by the state of emergency, despite the fact that the state of emergency was lifted a few months ago. The present charges have all the hallmarks of intimidation of lawyers, and the sentences will prevent them from carrying out their professional duties.

ELDH, AED-EDL, ASF AS, Norwegian Bar Association – Human Rights Committee demand

– the immediate acquittal of all 18 lawyers
– respect for the UN “Basic Principles on the Role of Lawyers”, in particular Art. 16 “to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and Art. 18 “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”
– respect for Art. 6 ECHR and Art.14 International Covenant on Civil and Political Rights (right to a fair trial)

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The Day of the Endangered Lawyer 2019

The Day of the Endangered Lawyer was dedicated this year to Turkey, where the situation is extremely grave. Turkey is the weakest link of European democracy, if it can still be called a democracy, when lawyers are imprisoned.

 

 

Berlin

 

 

 

 

All over Europe, practicing lawyers mobilized to show solidarity with their colleagues and concern for their situation in front of the embassies. The same letter was handed out to the officials in the embassy

Madrid

 

 

 

 

 

 

 

 

There was a minute of silence in Italian courtrooms, while in Athens our colleagues organized a conference on the issue of justice in Turkey, where Turkish judges in exile denounced the situation.

 

In Berlin, lawyers from RAV and VDJ, together with the Bar Associations of Berlin and Hamburg and  the Association of Criminal Defenders Berlin, had rallies in front of the Turkish Embassy in Berlin with about 35 participants and also there was another meeting  in front of the Turkish Consulate in Hamburg.

                                                             

 

Brussels

 

 

 

 

In different Turkish countries, the day of the Endangered Lawyer was followed with a conference in Ankara, a rally in Istanbul and initiatives in Izmir.

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STATEMENT: TRIAL AGAINST 22 LAWYERS in TUKEY ISTANBUL 37th HIGH CRIMINAL COURT – FILE NO. 2018/84

OUR COLLEAGUES ARRESTED IN PRE-TRIAL DETENTION HAVE BEEN RELEASED BUT, A FEW HOURS LATER AND AFTER THE PROSECUTOR’S APPEAL, A NEW ARREST WARRANT HAS BEEN ISSUED BY THE SAME COURT FOR 15 OF THEM.

A mission of the AED – EDL, composed by Italian, Spanish, Catalonian, Dutch and French lawyers: Simonetta CRISCI, Gilberto PAGANI, Ezio MENZIONE, Raffaella MULTEDO, Rossella SANTO, Robert SABATA, Adrià FONT, Hanno BOS and Florian BORG have been observing the aforementioned trial against our colleagues, the lawyers Ahmet MANDACI, Aycan ÇİÇEK, Ayşegül ÇAĞATAY, Aytaç ÜNSAL, Barkın TİMTİK, Behiç AŞÇI, Didem BAYDAR ÜNSAL, Ebru TİMTİK, Engin GÖKOĞLU, Naciye DEMİR, Özgür YILMAZ, Süleyman GÖKTEN, Şükriye ERDEN, Yağmur EREREN EVİN, Yaprak TÜRKMEN, Zehra ÖZDEMİR, Ezgi ÇAKIR, Selçuk KOZAĞAÇLI (President of the ÇHD), Günay DAĞ and Oya ASLAN who are members of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği, ÇHD). The majority of them are simultaneously lawyers working for the People’s Law Office (Halkın Hukuk Bürosu, HHB).

Seventeen lawyers were under pre-trial detention until yesterday, when the Court decided to free them under several measures. Even though the decision was announced at the evening, they were physically released today (7.00 am, in the morning). Selçuk Kozağaçlı and Yaprak Türkmen were under incomunicado pre-trial detention. All of them faced very difficult situations in jail. During the hearing, they described in detail the physical attacks they faced during their pre-trial detention process. Among the lawyers who were detained Selçuk Kozağaçlı and Yaprak Türkmen were kept in the High Security Prison of İstanbul in Silivri and the remaining15 lawyers were sent to prisons in six different cities, outside the sphere of jurisdiction and far from their families, without any reason.

But after the Prosecutor’s objection, the same court issued a few hours later new arrest warrants against 15 of them.

Once again, the actions undertaken by Prosecutors and Courts against Lawyers are definitely jeopardizing the Rule of Law in Turkey. The Court released the lawyers on the account they were professionals exercising their profession and because the length of the Pre-trial detention had been denounced by a large number of Humans Rights organisations. Astonishingly, with the exact same arguments the Court has decided to issue new arrest warrants.

We express great concern about this decision, evidently taken under political pressure on the judiciary.

In his bill of indictment, the prosecutor accused Barkın TİMTİK and Özgür YILMAZ of “forming and directing an illegal organization” (they are facing 20 to 22.5 years of jail – in accordance with the Turkish Penal Code (TCK) 314/1, Law No.: 3737 5/1), and the other defendants were accused of “membership in an illegal organization” (with jail for 7.5 years to 20 years – in accordance with TCK 314/2, Law No.: 3713 5/1). The proof against them is slight.

It appears inacceptable that:

  • The prosecutor considers evidence against Nuriye Gülmen and Semih Özakça, the suspects accused of membership in a terror organization, a booklet, titled Unfinished Scenario of a Terror Organization – The Facts about Nuriye Gülmen and Semih Özakça. The booklet was in fact published on the official website of the Ministry of Interior, on July 21, 2017.
  • For many defendants, accusations are not personalized, and consist of statistical information about the professional activities of the lawyers and their style of professional approach grounded on abstract accounts of witnesses, which are been turned into the subject of the accusation.
  • Proceedings, prepared with reference to social media accounts and printed publications are included in the formal accusation against the lawyers.
  • Statistical reports on the procedural acts of 16 lawyers, pertaining to their clients in custody or detained in prison was prepared and directed as accusation.
  • The bill of indictment contains information on press conferences, in which the lawyers participated and the court cases filed against them.

It is our consideration, that lawyers are here unfairly attacked for taking a stand in defence of Fundamental Rights and Liberties. We remind the Turkish authorities that the BASIC PRINCIPLES ON THE ROLE OF LAWYERS adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which took place in Havana, Cuba from the 27th of August to the 7th September 1990, enshrine the necessary Guarantees for the correct functioning of this professional activity.

  1. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics….

           18. Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.

The Turkish authorities have taken for granted that, as enshrined by the Report of the Special Rapporteur on the Independence of Judges and Lawyers (22nd of August 2016), associations of lawyers, together with non-governmental organizations, should build networks to act in coordination and solidarity to defend and protect lawyers from attacks. So professional associations of lawyers like ÇHD have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements.

We urge the Turkish authorities to take account of these very serious concerns with the aim to avoid future human rights violations during the very difficult period Turkey is going through at the moment. Recently, the state of emergency was lifted, but that will not be enough to reverse this repressive trend on an upward trajectory. Systematic action is needed to restore respect for human rights, enable civil society to regain its momentum and ease the climate of suffocating fear that has swept the country.

Yet, despite the repression, lawyers demand justice and equality, at the risk of being unfairly punished for taking a stand, guided by their deep commitment to human rights, justice and freedom. Instead of punishing them, Turkey should be proud of these people who form a vibrant and brilliant human rights community.

As jurists we cannot accept this harassment of our colleagues and human rights defenders. Sadly, there is a long tradition of attacking the defence in Turkey. So, we make a call upon Turkish authorities to prevent the development of intimidation against lawyers and humans rights defenders.

Colmar, 15th September 2018,

AED (Avocats Européens Démocrates / European Democratic Lawyers)

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Turkey’s State of Emergency

Our colleague Ceren Uysal participated recently in a press conference in Vienna dealing with the current situation in Turkey. We publish here her contribution.

 

First of all I would like to thank you for the opportunity to describe my point of view on what has been going on in Turkey recently. It means a lot to me to talk about the recent situation as a lawyer and I also accept this as a responsibility.

I would like to start with a general statement: Currently there is no judiciary in Turkey. The institutions in justice system are not working independently and impartially of the demands and priorities of the political power because today more than 2000 judges and prosecutors and around 300 lawyers are still in jail and it directly means that the so called free actors of the legal area are mentally arrested. Even the numbers are still not certain but it’s claimed that in total, more than 200.000 people are in jail.

I would like to briefly describe the current situation of the rule of law 3000 judges and public prosecutors were suspended even before 24 hours had passed after the military coup attempt. It shows that the judges and public prosecutors were blacklisted according to their political opinions and that these lists were already prepared before the coup attempt.

Before the state of emergency, there were no restrictions to the access of lawyers. But in the first 6 months of the state of emergency, the right to access to a lawyer was restricted during the first 5 days of the detention. Now this restriction was removed through a new governmenal decree; however it did not solve the problem because again with a governmental decree, the government had already changed the Criminal Procedure Law and right now, there is an article which restricts the right to access to a lawyer for the first 24 hours.

Also, the interviews between the lawyers and the suspects under detention in jail are recorded. The Decree also gives the prison guards the power to participate at the interview and seize the documents if they think it is necessary.

The right to information about the charges is an important issue these days which, of course, is one of the most important elements of the right of defence. For instance, many judges and prosecutors who are still in jail, defended themselves against the accusation of being a member of Gülen organization but they were arrested with the accusation of threatening to overthrow the constitutional order.

The other subject to be underlined is the presumption of innocence. We are witnessing how the judicial and administrative practices are combined through governmental decrees. As a result it is easy to claim that right now this princible is not valid for at least half of the society. Hundreds of thousands of puclic officers were dismissed with a justification of having a relation with terorist organizations. It is obvious that in a state of law, such a dismission practice definitely needs a judicial sentence. However today, hundreds of thousands of people are facing the results of a judgement without a judicial

process. So, since the state of emergency,the presemption of innocence has been violated more than ever.

In my point of view, in this whole picture the attorney immunity has to be underlined because it is impossible to imagine the existence of the right of defence, when there is no attorney immunity. The repression against lawyers – unfortunately – has a history in Turkey. But it was never like today. Right now, hundreds of lawyers are in prison. When the repression of the past and today’s circumstances are combined, the result turns out to be a disaster for the right of defence. Many victims of the state of emergency, especially who are accused to be a member of Gülen organization, could not find a lawyer because lawyers are afraid to represent them.

Finally, the independance of the judiciary must be accepted as the main subject. As a lawyer, personally I do not remember any period in Turkey when the judiciary was completely independent. On the contrary, for some types of crimes or defendents, the judiciary was only a mechanism that worked for the benefits of the State. However, it is possible to claim that nowadays, there has been a fundemantal change. The arrest of 3000 judges and prosecutors also means that all the judicial mechanisms are working with the threat of arrestment today. In the sense of this reality, it is obvious that the defence of a suspect or the evidences in a file are less important than the benefits and desires of the State‘s power.

Briefly, Turkey never was a rose garden. But the lack of trust in the judicary had never reached this dimension. There was no right of defence for the opponents before the state of emergency. But after the state of emergency, not only for the part of the society who reacts against the reorganization of the state, but also for people who just have concerns, there is not a bit of chance to use the right of defence. Today, in Turkey’s courthouses or prisons there is no bit of justice, not even the hope of justice. We just have stories, explaining us how peoples lifes were ruined under this completly under- control situation. We hope that one day these stories will be told everywhere and will help all of us to remember the importance of the rule of law, like bread, water and air.

I would like to finish my words with one of my beloved colleagues; Selçuk Kozağaçlı. He is still the president of Progressive Lawyers Association and he has been practicing law for nearly 20 years. He is in jail since November 2017 with 20 more members of Progressive Lawyers Association.

He sent this letter to us:

“I spent 60 days in a one-person cell, under a full isolation. On the 60th day of my imprisonment, the guards came and told me that “my demand of participating in “collective events” was accepted”. Wow! Now I have the right to go out of my cell every week once for 2 hours. I asked them the names of the prisoners that I could finally meet. And the answer was extra-ordinary: “For now, you will go out

from your cell but you will be alone!” So, I rejected.
One day after this occasion, my lawyers visited me. And next to our room, there was another

prisoner, Deniz. He called me and told that I should accept to go out from my cell, even I would be alone. He said that he is doing this – alone –for more than 2 months and he shouted at me and said that I need to see the sky at least 2 hours in a week. Deniz is in a cell – alone – for one year already.

We do not have a judiciary in Turkey right now. What we have is just a group of public officers who are following the orders of the government. They are full of fear, because they know that whenever they make a decision which tries to focus on the fundemental human rights, – not a perfect one but for instance one verdict which is better than the avarage of the rest – they know that they will be a prisoner too. Or at least another judge, prosecutor or even the government will announce that they do not accept the verdict and not respect it. Like the last occasion about the Constitutional Court’s verdict…

I should underline that I am not calling myself as a prisoner. When there is no judiciary, the people who are in jail can not be accepted as prisoners. We are just the hostages of this AKP regime. We were imprisoned under force by the power. This is all. As one of our beloved judges said, all these court decisions will only be valid through this government’s life-period.

They are now forcing us to wear one single uniform and also try to defeat us with this pure isolation. But we are resisting with all our power and will.

I send my best wishes to all of you with hope and with the strong belief in our solidarity. Please don’t worry and just remember, we are resisting this arbitrariness.”

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Lettre au Président de la République

Bruxelles, Paris, Barcelone, le 4 janvier 2018

 

Monsieur le Président de la République,

Demain vous allez recevoir RECEP ERDOGAN, Président de la Turquie.

Quelques soient les enjeux diplomatiques ou autres existant entre nos pays, vous ne pouvez ignorer la situation de non-droit dans laquelle se trouvent aujourd’hui des avocats, des magistrats, des parlementaires, des journalistes, des syndicalistes… Au nom de la lutte contre le terrorisme et ce depuis le coup d’état manqué du 15 juillet 2016.

La répression arbitraire ne cesse de s’aggraver; les détentions dans des conditions assimilables à des traitements inhumains et dégradants, sans véritable accès à une défense effective se multiplient.

Les avocats qui osent encore tenter de remplir leurs fonctions sont immédiatement stigmatisés à leur tour et empêchés par des inculpations et des incarcérations sans aucun fondement. Notre organisation est particulièrement inquiète sur le sort réservé à nos confrères détenus depuis plusieurs mois sans qu’il soit possible de savoir quels sont les faits réels qui leur sont reprochés.

L’AED, association européenne d’avocats démocrates, particulièrement attachées au respect des droits de la défense et à la protection de ceux qui se trouvent en première ligne de cette défense, les avocats eux même, vous demande, Monsieur le Président, en votre qualité de représentant de nos valeurs fondamentales de liberté et de justice d’interpeller fermement votre hôte pour que nos confrères soient libérés sans délai et que les poursuites engagées contre eux soient immédiatement abandonnées.

Nous soulignons qu’un certain nombre de nos confrères actuellement incarcérés sont membres de notre association, et tout particulièrement Selçuk KOZAGACLI et l’ensemble des avocats du çHD.

Pascale Taelman

Avocate au Barreau du Val de Marne

Présidente

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Seventeen Turkish lawyers are in detention in different parts of the country; sixteen of them for several weeks.

On the 8th of November 2017, Selcuk Kozagacli, President of the ÇHD, a progressive association of lawyers and a member of the AED, was arrested with great violence and detained in Istanbul. The accusations against our colleague justifying his detention by the Turkish authorities consist of complicity in terrorism.

Our colleague and friend Selcuk Kozagacli is one of the best-known human rights defenders in Turkey.

He recently denounced, during the general assembly of the Istanbul bar association held in ANKARA on the 16th of October, systematic acts of torture committed on people recently arrested, such as the tearing of nails, rape, the introduction of objects in the anus of the prisoners …

 

Today our colleague Selcuk Kozagacli is himself exposed to these same barbaric acts. To be convinced of this, it suffices to visualize the consequences of the conditions of his arrest. Our colleague is now on a hunger strike to try to force get his appearance before a judge.

 

The EDA demands the immediate release of Selcuk Kozagacli and the following sixteen lawyers from the Turkish authorities: Barkın Timtik, Ebru Timtik, Süleyman Gökten, Ezgi Çakır, Ahmet Mandacı, Yağmur Ereren, Aytaç Ünsal, Didem Baydar Ünsal , Ayşegül Çağatay, Engin Gökoğlu, Behiç Aşçı, Aycan Çiçek, Şükriye Erden, Özgür Yılmaz, Zehra Özdemir and Naciye Demi, who did not commit any other crimes than fulfilling their function of defender and denouncing the blatant violation of the rights of their clients.

 

Paris, Barcelona, Madrid, Den Haag, Berlin, Rome, Brussels…

9th November 2017.

 

Dix sept avocats turcs sont en détention, dans différentes régions du pays ; seize d’entre eux depuis plusieurs semaines.

 

Le 8 novembre 2017, Selcuk Kozagacli président du ÇHD, association d’avocats progressistes, membre de l’AED a été à son tour interpellé dans une grande violence, et placé en détention à Istanbul. Les accusations portées contre nos confrères et justifiant aux yeux des autorités turques leur détention, consistent en des faits de complicité de terrorisme

Notre confrère et ami Selcuk Kozagacli est l’un des plus connus défenseur des droit de l’homme en Turquie.

Il a récemment dénoncé, au cours de l’assemblée général des Barreaux qui s’est tenue à ANKARA le 16 octobre derniers, des actes de tortures systématiques commis sur les personnes arrêtées ces derniers temps, tel que l’arrachement des ongles, des viols, l’introduction d’objets dans l’anus des détenus…

Aujourd’hui notre confrère Selcuk Kozagacli est lui même exposé à ces mêmes actes barbares. Il suffit pour s’en convaincre de visualiser les conséquences des conditions de son interpellation

Notre confrère est aujourd’hui en grève de la faim pour tenter d’obtenir sa comparution devant un juge.

L’ AED exige des autorités turques la remise en liberté immédiate de Selcuk Kozagacli et des seize autres avocats, dont les noms suivent, Barkın Timtik, Ebru Timtik, Süleyman Gökten, Ezgi Çakır, Ahmet Mandacı, Yağmur Ereren, Aytaç Ünsal, Didem Baydar Ünsal, Ayşegül Çağatay, Engin Gökoğlu, Behiç Aşçı, Aycan Çiçek, Şükriye Erden, Özgür Yılmaz, Zehra Özdemir et Naciye Demi, qui n’ont pas commis d’autres crimes que de remplir leur fonction de défenseur et de dénoncer l’absence la violations flagrantes des droits les plus fondamentaux de leurs clients.

 

 

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New Arrests / Nouvelles Arrestations

The AED demands that the Turkish Government stop all hostility against human rights lawyers. The numerous irregular and arbitrary detentions are an authoritarian and repressive response against Turkish lawyers, charged with terrorism or activities against the state. The Republic of Turkey is a member of the Council of Europe and must therefore respect and promote the defence of human rights.

We are asking for the immediate release of lawyers:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

The first two were arrested October 19th around 2 o’clock in the morning. The latest news is that they are still held in the anti-terrorist section of Vatan, where they can be held for 7 days. All offices were searched. Even the apartment in which the 3 lawyers live was searched in violation of the Turkish Code of Criminal Procedure (without the presence of the prosecutor, or an official of the Bar, or the mayor and without witnesses). Thus, computers and digital equipment were seized. Four months ago, as part of the same investigation, the lawyers went to testify and submitted an application to the judge. Despite this, the judge found it more appropriate to search the offices and the home.

All three are members of “ezilenlerin hukuk bürosu” (Legal Office of the Opponents). They are active in the HDP and have represented the co-chair of this political formation. They currently defend the families of the dead young people murdered in Suruç and have intervened in the bomb case in Ankara.

These are only a part of the arrests: Nihat Goktas is on hunger strike, Ozgen Sadet (sister of a victim of the Suruç massacre) has been arrested, together with journalists from Etkin Haber, Ajansi Isimaz Temel and Havva Custan and 11 others. There are arrest warrants for more than 10 people.

The AED denounces these political detentions and demands the release of the imprisoned colleagues and all the persons concerned.

Créteil, Barcelona, Harlem, on the 22nd October 2017

AED- EDL (European Democratic Lawyers) & The Foundation of the Endangered Lawyer

 

 

L’AED exige du Gouvernement turc l’arrêt de toute hostilité contre les avocats défenseurs des Droits de l’Homme. Continuellement des détentions irrégulières et arbitraires se produisent comme réponse autoritaire et répressive contre les avocats et juristes turcs, moyennant des chefs d’accusations de terrorisme ou activités contre l’État. La République de Turquie est membre du Conseil de l’Europe et doit donc respecter et promouvoir la défense de Droits de l’Homme.

Nous demandons ici, la mise immédiate en liberté des avocats:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

Les deus premières ont été arrêtées le 19 octobre vers 2 heures du matin. Aux dernières nouvelles elles sont toujours détenues à la section antiterroriste de Vatan/İstanbul avec possibilité d’être maintenues pendant 7 jours. Tous les bureaux ont été perquisitionnés. L’appartement dans lequel vivent les 3 avocats a également été perquisitionné en violation du code de procédure pénale turque (sans la présence du procureur, ou du fonctionnaire du Barreau, ou du maire et sans témoins). Ainsi, des ordinateurs et du matériel digital ont été saisis. Pourtant, il y a 4 mois de cela, dans le cadre de l’enquête, les avocats étaient allés témoigner et avaient soumis une requête au juge. Malgré cela, ce dernier a trouvé plus adapté de faire des perquisitions dans les cabinets et le domicile.

Tous trois sont membres de “ezilenlerin hukuk bürosu” (Bureau légal des opposants). Ils sont aussi actifs dans le HDP et ont représenté le coprésident de cette formation politique. Ils défendent les familles des jeunes gens morts assassinés à Suruç et interviennent également dans le cas dossier de la Bombe à Ankara.

D’autre part, Nihat Goktas (en grève de la faim), Ozgen Sadet (sœur d’une victime du massacre de Suruç), les journalistes de Etkin Haber, Ajansi Isimaz Temel et Havva Custan ainsi que 11 autres personnes ont été arrêtées. Il y a par ailleurs des mandats d’arrêt à l’encontre de plus de 10 personnes.

L’AED dénonce ces détentions politiques et demande la libération des confrères détenus et de toutes les personnes concernées.

A Créteil, Barcelone, Harlem, le 22 octobre 2017.

AED (Avocats Européens Démocrates) & Fondation de l’Avocat Menacé