Turkey: New Wave of Arbitrary Detentions — Lawyers Once Again Under Attack

Urgent international call for the immediate release of lawyers and ÇHD-members Atty. Ezgi Önalan, Atty.Yunus Emre Işık, Boran Işıldak, Burhan Can, Halil Arbağ and Atty. Özge Usanmaz — as well as Atty.Doğa İncesu, Atty. Semra Demir and Atty. Kürşat Bafra.

7 July 2026

We, the undersigned organizations, write to express our grave concern regarding the latest detentions inTurkey targeting lawyers, among others. We demand the immediate release of those detained and an endto arbitrary police custody.

On Sunday, 5 July 2026 further large-scale, coordinated police operations were carried out across İstanbul, Eskişehir, Antalya and İzmir. Journalists, students, academics and, once more, lawyers have been taken into custody. Among those currently detained are our colleagues of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği, ÇHD) :

• Atty. Ezgi Önalan, Chair of the İstanbul Branch of ÇHD, whose door was forced open by police during her arrest;

• Atty. Yunus Emre Işık, member of ÇHD;

Boran Işıldak and Burhan Can, members of the ÇHD İstanbul Branch Student, Intern and Worker Lawyer Commission;

Halil Arbağ, member of the ÇHD İzmir Branch Student Commission.

Once again, the circumstances surrounding the detention of our colleagues raise concerns about violations of due process and the right to a fair defense: As in previous cases, the authorities imposed a confidentiality order (secrecy decision) on the investigation file, along with a 24-hour restriction on access to counsel. These restrictions prevent the detainees and their defense teams from accessing the specific accusations and alleged evidence against them during the critical initial phase of custody. Arbitrary and recurring measures such as these severely undermine the fundamental right to a fair trial and directly interfere with the right to defense.

These latest targeted detentions form part of a wave of arbitrary detentions carried out across Turkey in the days immediately preceding the 36th NATO Summit, to be held in Ankara on 7–8 July 2026. We note that simultaneous pre-dawn raids in Ankara and İstanbul placed three of our ÇHD-colleagues into police detention on 23 June 2026 — Atty. Doğa İncesu, Atty. Semra Demir and Atty. Kürşat Bafra. Furthermore, on 1 July 2026, Atty. Veysi Çetin, Secretary of the İzmir Branch of ÇHD, was arrested. While he was released after four days, Doğa İncesu, Semra Demir and Kürşat Bafra remain detained on remand to this day.

Additionally, on 5 July 2026, ten lawyers, who had attended the protests against the NATO summit, were taken into custody in Ankara. The following day, ÇHD-member Atty. Özge Usanmaz was arrested in Ankara. She had traveled from İstanbul to Ankara to visit some of her clients, who had been previously detained on 4 July 2026.

We therefore urgently call upon the relevant authorities to:

• Ensure the immediate and unconditional release of Ezgi Önalan, Yunus Emre Işık, Boran Işıldak,Burhan Can, Halil Arbağ, Özge Usanmaz, Doğa İncesu, Semra Demir and Kürşat Bafra, and all other individuals arbitrarily detained in connection with these recent operations;

• Guarantee full and unimpeded access to independently retained legal counsel of the detainees’ own choosing at every stage of the proceedings;• Lift any confidentiality orders imposed on the relevant investigation files, and ensure full access for defense teams to case materials and evidence;

• End the ongoing criminalization of the legal profession, and the systematic use of disproportionate force.

We further call on the international community to:

• Raise these concerns with the Turkish government through all available bilateral and multilateral channels, as well as publicly, and urge Turkey to end the use of the criminal justice system as a preemptive tool to silence civil society, the legal profession, and public discourse ahead of the 36th NATO Summit and beyond.

We stand in unwavering solidarity with our colleagues in Turkey, and will continue to monitor these developments closely.

Signatories (updated 8 July 2026):

Asociación Americana de Juristas

Associação Portuguesa de Juristas Democratas

Avocats Européens Démocrates

European Democratic Lawyers (AED-EDL)

Bologna Bar Association

Brescia Bar Association

Centro di ricerca ed elaborazione per la democrazia (CRED)

Defense Commission of the Barcelona Bar Association

Défense Sans Frontière – Avocats Solidaires (DSFAS)

Democratic Lawyers Switzerland

European Association of Lawyers for Democracy and World Human Rights (ELDH)

European Criminal Bar Association (ECBA)

Foundation Day of the Endangered Lawyer

GeBehatokia – Bask Country

German Bar Association (DAV)

German Federal Bar (BRAK)

Grenoble Bar Association

Human Rights Legal Project Indian Association of Lawyers

Institut des Droits de l’Homme du Barreau de MONTPELLIER (IDH)

International Association of Democratic Lawyers (IADL)

International Association of People’s Lawyers (IAPL)

International Association of Russian Advocates

International Observatory for Lawyers at Risk (OIAD)

Lawyers for the Rule of Law

Lawyers’ Rights Watch Canada

Legal Centre Lesvos

National Lawyers Guild, International

National Union of People’s Lawyers (NUPL)

New York City Bar Association

Republican Lawyers’ Association (RAV)

Torino (Turin) Bar Association

Union of Peoples Lawyers in Mindanao

Turkey: Urgent International Joint Call for the Immediate Release of Atty. Veysi Çetin and the Cessation of Arbitrary Police Custody

We, the undersigned organizations, formally express our grave concern regarding the arbitrary placement in police custody of lawyer Veysi Çetin, Secretary of the İzmir Branch of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği | ÇHD). Atty. Çetin was taken into police custody on 1 July 2026, during a pre-dawn raid in Çanakkale, where he was attending an international youth event in his professional capacity upon the invitation of his clients. It is a matter of profound concern that, during this operation, Lawyer Çetin and all other attendees were subjected to the disproportionate physical measure of rear-handcuffing, a measure disproportionate to any security requirement in the circumstances. The use of such restraint raises significant concerns regarding the absolute prohibition of torture and ill- treatment under international human rights law.

The procedural circumstances surrounding Lawyer Çetin’s custody also raise grave concernsregarding the violation of due process and the right to an effective defense. Authorities have imposed a confidentiality order (secrecy decision) on the investigation file, thereby categorically obstructing the defense team’s access to the specific accusations and the alleged evidence. This arbitrary restriction severely undermines the fundamental right to a fair trial and constitutes a direct interference with the right of defense from the very inception of the legal proceedings.

This restrictive measure against Lawyer Çetin cannot be viewed as an isolated incident. It isindicative of a broader, systemic pattern of arbitrary placements in police custody observed over the past week, disproportionately targeting workers, students, legal practitioners, and members of the political opposition across multiple provinces in Turkey. The factual circumstances strongly suggest that the underlying objective of this practice of the state is the preemptive suppression of democratic assembly, anti-war advocacy, and civil society space ahead of the upcoming 36th NATO Summit, scheduled to be held in Ankara on 7–8 July 2026. Such preemptive deprivation of liberty undermines the foundational principles of a democratic society and violates the rights to personal liberty and security, freedom of expression and freedom of assembly and association.

Furthermore, we categorically condemn the ongoing criminalization of the legitimateprofessional activities of legal representatives. The United Nations Basic Principles on the Role of Lawyers (the Havana Principles), specifically Article 18, expressly provides that lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their professional functions. Lawyer Çetin’s attendance at the aforementioned event at the explicit request of his clients, alongside his engagement in international and public discourse, falls squarely within the scope of his professional mandate and societal responsibility. Such activities do not constitute a legal basis for criminal suspicion or placement in police custody. Attempts to confine the practice of law strictly to the courtroom contravene the establishedstandards of an independent and effective legal profession.

The arbitrary placement of lawyers in police custody, coupled with the disproportionate use of physical force, constitutes a material breach of domestic procedural safeguards and international and regional obligations, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR).

Therefore, the undersigned organizations urgently call upon the relevant authorities of theRepublic of Turkey to:

1. Ensure the immediate and unconditional release of Lawyer Veysi Çetin and all other individuals subjected to arbitrary police custody in connection with the same law enforcement operation.

2. Immediately cease the disproportionate and punitive use of police force, including the unwarranted application of rear-handcuffs on legal professionals and civilians, and ensure that all law enforcement actions comply strictly with the principles of necessity and proportionality.

3. Immediately lift the arbitrary confidentiality order imposed on the investigation file, guaranteeing Lawyer Çetin and his legal defense team full and unimpeded access to all case materials and evidence.

4. End the ongoing criminalization of the legal profession, guaranteeing that all lawyers inTurkey are fully capable of executing their professional duties without fear of intimidation, hindrance, harassment, or improper judicial interference

5. Refrain from employing the criminal justice system as a preemptive tool to silence democratic opposition, civil society actors, and public discourse ahead of the 36th NATO Summit and other international forums.

The undersigned organizations will continue to monitor these developments with the utmost vigilance. As Turkey prepares to host the NATO Summit, the eyes of the world are on the country and its human rights record, including its treatment of lawyers who work to defend fundamental rights. We reiterate our unwavering solidarity with Lawyer Veysi Çetin and our colleagues at the Progressive Lawyers Association (ÇHD) in their legitimate defense of human rights, due process, and the rule of law.

Signatories:

Avocats européens démocrates – European Democratic Lawyers (AED-EDL)

Bologna Bar Association, Italy

Bundesrechtsanwaltskammer – The German Federal Bar (BRAK)

Center for Research and Elaboration on Democracy (CRED), Italy

Council of Bars and Law Societies of Europe (Conseil des Barreaux Européens, CCBE)

Defense Commission of the Barcelona Bar Association

Défense Sans Frontière – Avocats Solidaires (DSF-AS), France

Deutscher Anwaltverein (German Bar Association)

European Association of Lawyers for Democracy and World Human Rights (ELDH)

Federation of European Bars (FBE)

Foundation Day of the Endangered Lawyer

International Association of Russian Advocates

International Bar Association’s Human Rights Institute (IBAHRI)

Monza Bar Association, Italy

National Association of Democratic Lawyers (South Africa)

2New York City Bar Association, United States

Osservatorio Avvocati Minacciati di UCPI (Endangered Lawyers Observatory of the Union of

Italian Criminal Chambers), Italy

Republican Lawyers Association (Republikanischer Anwältinnen- und Anwälteverein- RAV), Germany

Rovereto Bar Association, Italy

Swiss Democratic Lawyers

Torino (Turin) Bar Association, Italy

Vereinigung Demokratischer Jurist:innen (Association of Democratic Lawyers-VDJ), Germany

Urgent International Joint Call for the Immediate Release of Lawyers Semra Demir, Kürşat Bafra and Doğa İncesu

We, the undersigned organizations, express our deep concern over the simultaneous pre-dawnpolice raids conducted in Ankara and Istanbul on the morning of June 23, 2026, which resulted in numerous individuals being taken into police custody, including three lawyers from the Progressive Lawyers Association (ÇHD). Lawyer Doğa İncesu, a member of the ÇHD Istanbul Branch, along with lawyers Semra Demir and Kürşat Bafra, members of the ÇHD Ankara Branch, were taken from their homes and detained. We have strong grounds to believe that these actions are linked to the lawful exercise of their professional duties as lawyers.

We strongly condemn this disproportionate and punitive use of police powers. Lawyers Demir,Bafra, and İncesu are legal professionals who frequently attend police stations and courthouses as part of their daily professional activities. Instead of issuing a summons for them to appear at the prosecutor’s office, in line with the Turkish Code of Criminal Procedure (CMK) Art.145, the authorities carried out pre-dawn home raids and placed them in police custody, where they can be held for up to four days.

The circumstances surrounding their custody raise significant concerns regarding adherence todue process and the right to a defense. A confidentiality order (secrecy decision) was immediately imposed on the investigation file, blocking access by the defense team to the accusations and evidence. Furthermore, a 24-hour restriction on communication with legal counsel has been implemented, preventing the lawyers in custody from meeting with their representatives and leaving them completely isolated during the initial stages of their custody.

This combination of arbitrary police custody and severe restrictions constitutes a direct anddeliberate attack on the right to defense. Given the timing and scale of these simultaneous operations, we are highly concerned that holding our colleagues in police custody is a preemptive measure linked to the upcoming 36th NATO Summit, scheduled to be held in Ankara on July 7-8, 2026. These arrests align with a recent and broader pattern of police crackdowns targeting civil society actors and human rights defenders.

Consequently, we are deeply concerned that these actions are not rooted in legitimate judicial inquiries, but rather serve to suppress democratic space and intimidate legal professionals ahead of this international event. It is evident that the legitimate professional activities and human rights advocacy of our colleagues, as active members of ÇHD, are once again being unjustly criminalized in an attempt to intimidate legal professionals and suppress democratic space ahead of this international event.

In accordance with international standards such as the United Nations Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference.

Furthermore, lawyers shall not suffer, or be threatened with, prosecution for any action taken inaccordance with recognized professional duties, standards, and ethics. These guarantees are also reflected in the Council of Europe Convention for the Protection of the Profession of Lawyer and the Committee of Ministers’ Recommendation (2000)21, which underscore the independence of lawyers and their freedom from intimidation, interference, or improper sanctions. The placement in police custody, isolation, and restriction of defense rights of our colleagues also raise significant concerns regarding the right to a fair trial and other fundamental human rights protected under the European Convention on Human Rights and International Covenant on Civil and Political Rights.

Therefore, the undersigned organizations urgently call on the authorities in Turkey to:

1. Immediately and unconditionally release lawyers Semra Demir, Kürşat Bafra, and Doğa İncesu from police custody.

2. Lift the arbitrary confidentiality orders and the 24-hour lawyer-access restrictions immediately, ensuring the lawyers have full access to their legal defense teams and the case files

3. Cease the criminalization of the legal profession and guarantee that all lawyers in Turkey are able to carry out their professional duties without fear of reprisals, undue restrictions, or judicial harassment.

4. Ensure that the rights of persons deprived of their liberty are respected at all times and that the fundamental right to a fair trial is strictly upheld.

We will continue to monitor this situation closely and stand in strong solidarity with our colleagues in Turkey who tirelessly defend human rights and the rule of law.

Signatories:

Bologna Bar Association (Italy)

Brescia Bar Association (Italy)

Center for Research and Elaboration for Democracy.(CRED), Italy

Council of Bars and Law Societies of Europe (Conseil des Barreaux Européens, CCBE)

Defense Commission – Barcelona Bar Association

Défense Sans Frontière – Avocats Solidaires (DSF-AS)

Deutscher Anwaltverein (German Bar Association)

European Association of Lawyers for Democracy and World Human Rights (ELDH)

European Democratic Lawyers (AED)

Fermo Bar Association (Italy)

Foundation Day of the Endangered Lawyer

German Federal Bar (BRAK)

International Association of Democratic Lawyers (IADL)

International Association of Russian Advocates

International Observatory of Lawyers at Risk (OIAD)

Padova Bar Association (Italy)

Patti Bar Association (Italy)

Socialist Lawyers Association of Ireland

Swiss Democratic LawyersTurin Bar Association (Italy)

Union of Italian Criminal Chambers (UCPI)

Verona Bar Association (Italy)

The European Convention for the Protection of the Profession of Lawyer Enters into Force: A Major Step Forward That Must Not Remain Symbolic

European Democratic Lawyers (AED/EDL) welcomes the adoption one year ago of the European Convention for the Protection of the Profession of Lawyer (Luxembourg Convention) as a historic achievement for the legal profession, the rule of law and the protection of fundamental rights throughout Europe.

This long-awaited instrument was adopted in response to an increasingly alarming reality: lawyers across Europe and beyond are facing growing threats, intimidation, harassment, surveillance, criminalisation and attacks because of their professional activities and their commitment to defending the rights of their clients.

The Convention represents a recognition of a fundamental principle: there can be no effective access to justice, no fair trial and no genuine rule of law without independent lawyers able to perform their professional duties free from interference, pressure, fear or retaliation.

At a time when lawyers are subjected to arbitrary prosecutions, unlawful searches, violations of professional secrecy, disciplinary harassment and smear campaigns in a number of European countries, the Convention sends an essential political and legal message: attacks against lawyers are attacks against justice itself.

However, while welcoming this important development, AED/EDL expresses serious concern regarding the slow pace of ratification and implementation by European States.

As of 13 June 2026, the Luxembourg Convention has only been signed 31 signatures by states and other eligible parties and no ratification has been deposited so far.

Therefore the Convention has not yet entered into force.

The Convention can only fulfil its purpose if States move rapidly from declarations of principle to concrete legal commitments. Every delay in ratification leaves lawyers without the additional protections that this instrument is intended to provide and weakens the collective commitment to safeguarding the independence of the legal profession.

AED/EDL regrets that, despite repeated warnings from international institutions, bar associations and human rights organisations, attacks against lawyers continue to increase in several jurisdictions. In some countries, lawyers are still identified with their clients, prosecuted for carrying out their professional duties, subjected to surveillance measures, denied access to detained clients or exposed to campaigns aimed at undermining their credibility and independence.

Such practices are incompatible with democratic standards and with the fundamental role lawyers play in ensuring access to justice and protecting human rights.

The entry into force of the Convention must therefore not be treated as the conclusion of a process, but rather as its beginning.

AED/EDL calls on all Member States of the Council of Europe to sign and ratify the Convention without delay and to ensure its full and effective implementation in domestic law and practice.

We further call upon governments to:

  • guarantee the independence of lawyers and bar associations;
  • ensure the effective protection of professional secrecy and legal privilege;
  • prevent all forms of intimidation, harassment and retaliation against lawyers;
  • investigate and prosecute attacks against lawyers promptly and effectively;
  • ensure that lawyers can carry out their professional duties without fear of sanctions, threats or interference from public authorities.

The protection of lawyers is not a corporatist demand. It is a democratic necessity.

A society in which lawyers cannot act independently is a society in which citizens cannot effectively defend their rights. A State that fails to protect lawyers ultimately weakens the very foundations of justice and the rule of law.
AED/EDL will continue to monitor the implementation of the Convention and to support all lawyers, bar associations and human rights defenders working to ensure that its promises become a reality.

The entry into force of this Convention is a victory. Its effective ratification and implementation throughout Europe must now become an urgent priority.

International legal and human rights organisations condemn the Tunisian authorities’ escalating attacks on the legal profession, the independence of the judiciary and civil society

39 organisations, including bar associations, lawyers’ groups, judges’ associations and human rights organisations, condemn the Tunisian authorities’ escalating and systematic campaign of intimidation, obstruction and retaliation against lawyers, judges, the Tunisian National Bar Association, magistrates’ associations and independent civil society organisations in the country.

Since President Saïed’s consolidation of executive power in 2021 and the summary dismissal of 57 judges and prosecutors by presidential decree in 2022, Tunisia has witnessed a sustained deterioration in the rule of law and respect for Human Rights. The authorities have resorted to using criminal proceedings, suspension orders, travel bans, administrative obstruction and smear campaigns against those who defend human rights, against those who challenge executive interference in the judiciary, document human rights violations and defend or otherwise support victims of such violations.

The attacks described in this statement form part of a broader pattern of interference with the independence of the legal profession, the judiciary and civil society in Tunisia. The deterioration of judicial independence, the targeting of lawyers and the restrictions imposed on civil society have serious implications for the rule of law and for access to justice. These attacks strike directly at the right to fair trial including the right to defence, and undermine access to justice, due process, freedom of expression, freedom of association and the rule of law.

The authorities’ attack on the Tunisian National Bar Association
The undersigned organisations are particularly alarmed by the Tunisian authorities’ escalating attacks on the Tunisian National Bar Association (ONAT) and the legal profession as a whole. An independent, self-governing legal profession is key to a proper administration of justice for victims of human rights violations. ONAT aims to protect the professional integrity of its members, ensures access to legal services, upholds fair trial guarantees and works to protect the rule of law. Therefore, interference with the ONAT undermines not only the interests of the legal profession but access to justice for all and the integrity of the justice system as a whole.

Over the past months, ONAT has urged the authorities to address deteriorating working conditions in the courts, including the lack of basic equipment and shortages of judicial and administrative staff. It has also denounced unjustified remote trials, violations of fair trial guarantees, attacks on judicial independence and executive interference in the justice system. Following a failure by authorities to provide any meaningful response, the ONAT convened an extraordinary general assembly on 1 May 2026 to address both lawyers’ professional grievances and the broader crisis in the justice system. The General Assembly adopted a decision to carry out protest actions such as a general strike. Rather than engaging with ONAT’s demands, the Tunis prosecutor challenged the procedures of the assembly in court seeking to nullify the decision that was adopted. The board of ONAT subsequently announced a mobilisation plan, including regional strikes, red-armband protests in courts and a nationwide general strike planned for 18 June 2026.

ONAT has made clear that its mobilisation is not limited to professional grievances. It aims to defend the legal profession, safeguard the public justice system and uphold fair trial guarantees. The authorities’ refusal to meaningfully engage with these demands, together with subsequent attempts to challenge or obstruct ONAT’s collective action, including the introduction of an annulment action by the Tunis prosecutor against the extraordinary assembly of 1 May, raise serious concerns about deliberate interference with the legal profession’s independent institutional role in defending judicial independence, fair trial guarantees and the rule of law. The Tunisian authorities’ attempt to delegitimize, obstruct or retaliate against ONAT’s mobilisation is therefore an attack on the legal profession’s institutional role in defending judicial independence, fair trial guarantees and the rule of law.

According to Principle 14 of the UN Basic Principles on the Role of Lawyers (UN Basic Principles), in protecting the rights of their clients and promoting the cause of justice, lawyers must seek to uphold human rights. They shall at all times act freely and diligently, in accordance with the law and recognized standards and ethics of the legal profession. Principle 23 protects lawyers’ right to take part in public discussion on matters concerning the law, the administration of justice and the promotion and protection of human rights. Principles 24 and 25 recognise the role of self-governing professional associations of lawyers in protecting the professional integrity of their members and cooperating to ensure effective and equal access to legal services.

Lawyers are ‘essential agents of justice’ and by obstructing their work, the Tunisian authorities undermine the right to a fair trial and the rule of law. Lawyers, as other individuals, are entitled to the full range of human rights including the rights to freedom of expression, association, and peaceful assembly guaranteed under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights to which Tunisia is a party.

Targeting lawyers for their professional duties
The attack on ONAT is part of a wider and systematic assault on lawyers who defend political opponents, journalists, judges, human rights defenders and victims of human rights violations. Lawyers in Tunisia have faced prosecution, arbitrary detention, travel bans, unfair trials and other forms of retaliation because of the cases they undertake and the clients they represent. Such assault violates not only the human rights of the lawyers, but also those of their clients, and have a serious chilling effect on the right to defence. This contravenes Principle 16 of the UN Basic Principles on the Role of the Lawyers which requires governments to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference. It also violates Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to access a legal representative of one’s own choosing.


The case of Ayachi Hammami illustrates this pattern. He opposed measures taken by the President that undermine judicial independence and the rule of law, including the summary dismissal of judges and prosecutors in June 2022. Hammami was the spokesperson for the defence committee of the dismissed judges. In January 2023, he was charged under Decree-Law No. 54 based on statements he made to the media in his role as spokesperson. Hammami, a prominent lawyer and human rights defender, first acted as defence counsel in the so-called “conspiracy against state security” case. He was subsequently added to the list of suspects, charged, banned from travelling and from appearing in public places, and imprisoned to serve a five-year sentence. UN experts considered that his conviction was linked to his work defending those accused in the case and warned that prosecuting legal professionals for performing their duties threatens the integrity and fairness of legal proceedings in Tunisia.
Hammami is among dozens of lawyers facing judicial harassment and serious risk of reprisal for exercising their professional duties and right to freedom of expression. To date, 8 lawyers are deprived of their liberty, including a former Bar President. Furthermore, 5 lawyers have been forced into exile and 12 lawyers are subject to judicial harassment. This includes:
Sonia Dahmani, a lawyer and media commentator, who was arrested on 11 May 2024 at the premises of ONAT by masked security forces and subjected to five criminal proceedings under Presidential Decree-Law No. 54 for public statements on television and radio concerning prison conditions and racial discrimination. She was released on 27 November 2025 after 18 months in detention, but criminal proceedings against her remain pending. Since her release, she has received two further convictions: eighteen months on appeal in April 2026 for her statements on racism in Tunisia, and two years handed down on 25 May 2026 by the Tunis court of first instance for statements on prison conditions. Her lawyer has appealed the most recent judgment.
Chawki Tabib, a lawyer, former President of the Tunis Bar Association and former head of the National Anti-Corruption Authority (INLUCC), has been subject to a travel ban since January 2024 and faces two sets of proceedings: the first, an ongoing judicial investigation into money laundering and related offences, which led to the issuance of a pre-trial detention order; and a second set of proceedings, recently concluded at first instance, which ended in his conviction on 21 May 2026 for forgery and use of forged documents, with a sentence of 10 years in prison. His assets were frozen by a decision dated 14 April 2026, and the Tunisian National Bar Association has noted that the detention order was issued without prior interrogation. International organisations have expressed concern about the politically motivated nature of these prosecutions.
• Lawyer Dalila Msaddak, currently subject to seven separate investigations under Decree-Law No. 54, all arising from her work as defence counsel in the conspiracy case and the exercise of her freedom of expression.

These cases illustrate the broader pattern of identifying lawyers with their clients or their clients’ causes and attempting to silence the legal profession. In line with Principle 18 of the UN Basic Principles, lawyers must never be identified with their clients or their clients’ causes. Nor may they be punished for the cases they take, the legal arguments they present, or their public defence of fair trial rights, judicial independence and human rights. The criminalisation of lawyers for carrying out their professional duties is a direct attack on the right to a defence and on the independence of the legal profession, which deters lawyers from taking on sensitive cases and risks leaving certain sectors of the population without legal representation, denying access to justice.

Reprisals against judges defending judicial independence
We also condemn the Tunisian authorities’ reprisals against judges and magistrates’ associations that have opposed executive interference in the judiciary. These recent measures are part of a broader process of dismantling the guarantees of judicial independence in Tunisia since 2022. On 12 February 2022, the President of the Republic dissolved the Supreme Judicial Council (SJC) and replaced it with a Provisional Supreme Judicial Council (PSJC), whose composition and functioning remain largely under the control of the executive. This reform was followed by the summary dismissal of judges by presidential decree and by the growing subordination of the judiciary to the executive. Since 2023, the PSJC has itself been paralysed due to lack of quorum, as a result of the failure to appoint several ex officio members, leaving in practice the Ministry of Justice to manage judges’ careers and discipline through informal mechanisms lacking a clear legal basis.

Judge Anas Hmedi, President of the Association of Tunisian Magistrates, has become a central target of this repression. Criminal proceedings against him stem from actions taken in his capacity as head of the association and from the judges’ legitimate mobilisation against the summary dismissal of 57 judges by presidential decree in 2022. Following his trial proceedings “plagued with irregularities”, Judge Hmedi was convicted and sentenced to one year in prison on charges of obstruction of work and risks imprisonment if the verdict is confirmed on appeal. His prosecution and conviction contravene the UN Basic Principles on the Independence of the Judiciary, including Principle 1, which requires states to respect and observe the independence of the judiciary, and Principles 8 and 9, which protect judges’ rights to freedom of expression and association, respectively.

The UN Special Rapporteur on the independence of judges and lawyers has described the proceedings against Judge Hmedi as an “evident reprisal” for defending judicial independence, raising serious concerns about reprisals against judges who oppose executive interference in the justice system, the misuse of criminal law to silence them, and the message of intimidation that it sends to the entire judiciary and the public.

Repression of rights organisations and obstruction of access to justice
The authorities’ growing repression campaign has also targeted independent civil society organisations, including organisations providing legal aid, monitoring human rights violations, defending women’s human rights, opposing racism, protecting media freedom and supporting victims of abuse – activities that support access to justice and provide an essential check on abuses of power.

Over the past year, Tunisian courts have issued 30-day suspension orders against at least 25 organisations, including Avocats Sans Frontières, Mnemty, the Tunisian Association of Democratic Women, Aswat Nissa, Nawaat, the Tunisian Forum for Economic and Social Rights, the International Commission of Jurists, the World Organisation Against Torture (OMCT), and the Tunisian League for the Defence of Human Rights, one of Africa’s oldest human rights organisations and co-laureate of the 2015 Nobel Peace Prize as part of the National Dialogue Quartet. Mnemty’s president, Saadia Mosbah, remains arbitrarily detained. The organisations that challenged the suspension orders in court lost their appeals and now face the threat of dissolution.

These measures not only restrict the right to freedom of association but directly obstruct access to justice. The suspension order against Avocats Sans Frontières, issued on 5 May 2026, despite being subsequently lifted, has already affected the legal aid and judicial support provided to vulnerable individuals, human rights defenders, and political and conscience detainees, as well as ASF’s capacity to monitor and denounce the instrumentalisation of justice and human rights violations. By targeting human rights organisations, legal aid providers and independent associations, the authorities are cutting off essential support for victims of police violence, gender-based violence, racial discrimination, political persecution and other human rights violations.

Taken together, such suspension of civil society organisations, the prosecution of lawyers, the reprisals against judges and the obstruction of ONAT collectively undermine the institutional safeguards that protect individuals against human rights violations.

Calls to the Tunisian authorities
The undersigned organisations call on the Tunisian authorities to:
• Immediately end all acts of intimidation, harassment, wrongful prosecution, arbitrary detention, retaliation and improper interference targeting lawyers, judges, prosecutors, bar associations, ONAT, lawyers’ associations, judges’ associations and human rights defenders; and immediately and unconditionally release lawyers, human rights defenders and all others solely detained for exercising their human rights;
• Fully and effectively guarantee that lawyers can carry out their professional duties freely and independently, including when representing detainees held for politically motivated reasons, journalists, judges, activists, opposition figures or victims of human rights violations, and ensure that they are not identified with their clients or punished for the cases they undertake, the clients they represent, or their clients causes, the legal arguments they present or their public defence of human rights and the rule of law;
• Immediately drop all criminal, disciplinary and administrative proceedings brought against lawyers and judges solely for carrying out their professional duties, defending judicial independence, or exercising their human rights to freedom of expression, association and peaceful assembly;
• Quash the conviction and sentencing of Judge Anas Hmedi and ensure that no judge is punished for defending judicial independence or for participating in the legitimate activities of a professional’ association;
• Immediately release Ayachi Hammami and Chawki Tabib and stop the arbitrary trials of lawyers, including Sonia Dahmani, Dalila Msaddak, and all lawyers, judges, political detainees, journalists, human rights defenders and civil society actors arbitrarily detained for exercising their human rights or carrying out legitimate professional work;
• Lift suspension orders against civil society organisations and end all attempts to dissolve, obstruct or criminalise human rights groups, legal aid organisations and independent associations;
• Reverse measures undermining judicial independence imposed since 2022, including executive interference in the judiciary, and comply with court rulings on the dismissed judges;
• Ensure full respect for fair trial guarantees, due process, access to counsel, equality of arms and the independence of courts;
• Bring Tunisian law and practice into conformity with Tunisia’s obligations under international human rights law and relevant international standards on the independence and protection of lawyers and judges, including the International Covenant on Civil and Political Rights, UN Basic Principles on the Independence of the Judiciary, the UN Basic Principles on the Role of Lawyers, the Council of Europe Convention on the Protection of the Profession of Lawyer, and international standards on judicial independence and the independence of the legal profession;
• Restore the independence of the legal profession and the judiciary, and guarantee the free and lawful work of civil society organisations and uphold the human rights of everyone in the country.


SIGNATURES:
• Amnesty International
• Avocats Sans Frontières
• Council of Bars and Law Societies of Europe (Conseil des Barreaux Européens, CCBE)
• Defense Commission – Barcelona Bar Association
• Deutscher Anwaltverein (German Bar Association)
• DSF-AS Défense Sans Frontières-Avocats Solidaires
• Euromed Rights
• European Association for Lawyers for Democracy and World Human Rights (ELDH)
• European Criminal Bar Association (ECBA)
• European Democratic Lawyers (AED)
• Foundation International Day of the Endangered Lawyer
• GeBehatokia, Basque Observatory of Human Rights
• Human Rights Watch
• Indian Association of Lawyers (IAL)
• Institute for the Rule of Law of the Union Internationale des Avocats (UIA-IROL)
• International Association of Democratic Lawyers (IADL)
• International Association of Judges (IAJ-UIM)
• International Association of People’s Lawyers (IAPL)
• International Association of Russian Advocates
• International Bar Association’s Human Rights Institute (IBAHRI)
• International Commission of Jurists
• International Observatory for Lawyers at Risk (OIAD)
• L’Institut des droits humains du barreau de Bruxelles
• L’Observatoire des Avocats (http://www. IDHBB.org)
• Law Society of England and Wales
• Lawyers for Lawyers (L4L)
• Legal Centre Lesvos
• Medel -Magistrats Européens pour la Démocratie et les Libertés, representing 24 associations of judges and prosecutors
• National Union of People’s Lawyer (NUPL), Philippines
• New York City Bar Association
• Ordre des avocats de Genève (ODAGE)
• Organisation Mondiale Contre la Torture (OMCT)
• PEN Norway
• Progressive Lawyers Association, Turkey (ÇHD)
• Republikanische Anwältinnen- und Anwälteverein (RAV)
• The Lawyers for the Rule of Law, USA
• The Tahrir Institute for Middle East Policy (TIMEP)
• Union of Peoples’ Lawyers in Mindanao
• Vereinigung Demokratischer Jurist:innen (VDJ), Germany

Statement of the European Democratic Lawyers (AED) On the Arrest of Two Lawyers During a Peaceful Protest at the Dutch Parliament

The European Democratic Lawyers (AED -EDL), The European Association of Lawyers for Democracy & Human Rights (ELDH) and the Internal Association of Democratic Lawyers (IADL) express their deep concern regarding the arrest of two Dutch lawyers during a peaceful protest near the Dutch Parliament (Tweede Kamer) in The Hague. According to reports, the lawyers were participating as legal observers in a non-violent demonstration linked to solidarity with Palestine when they were detained by police authorities.
The demonstration was organized to call the urgent attention of Dutch politicians, the government and parliament to the military intervention carried out by the Israeli army against a large group of activists who were attempting to reach Gaza by sea. After the activists were taken from international waters, including several Dutch nationals reportedly held incommunicado at an unknown location, the demonstrators sought to demand immediate political action and protection for those unlawfully detained.
The protest took place at a location of obvious political relevance: the House of Representatives. Participants, ranging from young people to elderly demonstrators, had gathered peacefully to express their concern and to call on the Dutch authorities to respond to Israel’s ongoing violations of international law, including the blockade of Gaza, the denial of basic necessities, the killing of civilians, and the continued disregard for decisions and principles of international courts.
We are alarmed by reports that, instead of facilitating the exercise of the right to demonstrate, the police surrounded the group, failed to give clear and effective instructions, refused meaningful communication, and suddenly announced the arrest of everyone present. Demonstrators were reportedly pushed together into a confined space, held for a long period in cold, rain and wind, and then transported by bus to the ADO stadium at the edge of the city, where they were later released.
We are especially disturbed by the treatment of two observing lawyers, Hans Gaasbeek and Anne van Schaik, who were present on behalf of the Vereniging Sociale Advocatuur Nederland to monitor respect for fundamental rights. Despite clearly identifying themselves as legal observers, they were also detained, arrested and removed together with the demonstrators. The refusal of the police, the command structure and the Mayor’s representatives to engage with observing lawyers is unacceptable in a democratic society governed by the rule of law.
The presence of lawyers at demonstrations is not an obstacle to public order. On the contrary, it is an important safeguard for fundamental rights. Treating legal observers as if their role were irrelevant sends a dangerous message, both to demonstrators and to those who monitor state conduct.
We are further concerned by reports of masked police officers, aggressive pushing, the absence of clear warnings or lawful instructions, and the apparent refusal to explain the legal basis for the mass arrest and removal of demonstrators. Such conduct has an intimidating effect and risks discouraging people from exercising their right to protest.
The signatories of this statement recall that the right to peaceful assembly and freedom of expression are fundamental democratic rights protected under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Lawyers, like all citizens, have the right to participate in peaceful public demonstrations without fear of intimidation, arbitrary arrest, or reprisals.
The arrest of legal professionals engaged in peaceful protest raises serious concerns regarding the shrinking space for democratic expression in Europe, particularly in relation to solidarity with the Palestinian people and opposition to the ongoing atrocities in Gaza. Across Europe, we are witnessing an increasing pattern of restrictions, surveillance, and criminalization targeting activists, students, journalists, and lawyers who express support for Palestinian rights.

The signatories further recall the UN Basic Principles on the Role of Lawyers, in particular Article 23, which affirms that lawyers are entitled to freedom of expression, belief, association, and assembly, and have the right to take part in public discussion concerning the law, the administration of justice, and the promotion and protection of human rights.

These principles is also enshrined in article 7 of Council of Europe Convention for the Protection of the Profession of Lawyer signed on the 13 May 2025 by Netherlands which clearly state the right of lawyers to individually and collectively, and of professional associations to promote the rule of law and adherence to it, to take part in public discussion on the substance, interpretation and application of existing and proposed legal provisions, judicial decisions, the administration of and access to justice and the promotion and protection of human rights, as well as to make proposals for reforms concerning these matters

The use of police powers against peaceful demonstrators — especially against members of the legal profession — risks creating a chilling effect on democratic participation and undermines the rule of law. Measures restricting demonstrations must remain strictly necessary and proportionate. Peaceful protest cannot be treated as a threat to public order merely because it expresses political dissent.

The signatories therefore call on the Dutch authorities to:
• Respect and protect the right to peaceful protest and freedom of expression ;
• Ensure that lawyers are able to exercise their civic and professional rights without intimidation or arrest;
• Drop any charges or proceedings which could arise solely from participation in peaceful protest;
• Refrain from the growing criminalization of solidarity movements connected to Palestine.
• To launch an investigation to identify the law enforcement officers and politicians responsible for the violation of the rights of the demonstrators and the participating lawyers, and to hold them criminally accountable.
At a moment when the credibility of international justice is under profound attack, protecting the right to dissent is more essential than ever, AED stands in solidarity with the arrested lawyers and with all those defending democratic freedoms, human rights, and international law

Day of the Endangered Lawyer 2026

Since 2010, the International Day of the Endangered Lawyer has been observed annually on 24 January, organised first by the AED-EDL and then by the Coalition for the Endangered Lawyer, a network of national and international legal organisations and bar associations. The day aims to draw attention to the plight faced by lawyers in the exercise of their profession in a particular country each year, and encourage action by government officials, international institutions, civil society, the media and the public.  T

The Coalition for the International Day of the Endangered Lawyer has designated the United States of America as the focus country for the 15th edition scheduled for 24 January 2026. The selection reflects serious concerns of escalating attacks against lawyers in 2025, including executive orders targeting law firms, harassment, political reprisals and discriminatory measures undermining the independence of the legal profession. Independent lawyers are necessary to protect democracy and the rule of law. The Coalition, gathering about 40 lawyer organisations world wide, will publish a detailed report ahead of the Day to raise awareness and urge concrete action in defense of the rule of law and the independence of lawyers.

Different activities will mark the event, including the publication of a report outlining the problems of US Lawyers on the 21st of January, as well as a press conference on the 22nd of January and events in different countries around the world.

« Défendre un avocat, c’est défendre la justice » –– Solidarité européenne avec Ahmed Souab

À l’attention des barreaux, associations d’avocats et organisations professionnelles européennes démocrates,

Nous prenons acte avec la plus grande préoccupation du procès imminent de M. Ahmed Souab, ancien magistrat puis avocat tunisien, dont l’audience est fixée à la date du 31 octobre 2025 devant le tribunal de première instance de Tunis.

Titulaire du prix Prix Ebru Timtik 2025 pour son engagement en matière de procès équitable, M. Souab a consacré toute sa carrière à défendre l’État de droit, l’indépendance de la justice et les libertés fondamentales. En tant que magistrat administratif, il s’est opposé à des abus d’un régime autoritaire ; en tant qu’avocat, il a pris la défense de détenus politiques ou de magistrats révoqués, et a publiquement dénoncé l’instrumentalisation de la justice. En avril 2025, il a été arrêté et poursuivi sur des accusations liées au terrorisme, après avoir exercé son droit à la liberté d’expression.

L’AED :

• que l’affaire Ahmed Souab dépasse largement le cas d’un seul professionnel ; il s’agit, de manière plus large, de la liberté de l’avocat dans l’exercice de son métier, de l’indépendance des juges et de l’effectivité d’un procès équitable ;

• que l’indépendance de la justice est un pilier indispensable de toute démocratie digne de ce nom, et que les avocats sont les garants fondamentaux de ce principe ; • que les attaques ou pressions dirigées contre des avocats au motif de leur profession ou de leur engagement constituent un recul inacceptable de l’État de droit et concernent l’ensemble de la profession, non seulement dans le pays concerné mais à l’échelle internationale.

À ce titre, nous appelons :

1. Les autorités tunisiennes à garantir que ce procès – et, plus largement, toute procédure visant des avocats ou des professionnels de la justice – respecte strictement les normes internationales relatives aux droits humains : droit à un avocat de son choix, respect du secret professionnel, absence de pression politique sur le pouvoir judiciaire, plein accès à une défense équitable.

2. Nos confrères et consœurs, ainsi que les organisations professionnelles européennes et internationales, à porter une attention accrue sur cette affaire et à manifester leur solidarité avec M. Souab et, plus largement, avec tout avocat dont l’exercice professionnel est menacé par des mesures répressives déguisées.

3. À renforcer, dans nos pays et à l’échelle européenne, la vigilance contre toute instrumentalisation de la justice, pour que les avocats puissent exercer librement et en toute sécurité, et que les institutions judiciaires restent véritablement indépendantes. Nous exprimons à M. Souab notre entière solidarité. Nous considérons qu’en défendant son droit à exercer sa profession, c’est l’ensemble de la justice démocratique qui est en jeu.

Ending the Genocide in Gaza, Upholding International Law, Defending the Rule of Law, Democracy and Long-standing World Peace

The  UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel has confirmed in its report of September 16, 2025 that Israel has committed genocide in the Gaza Strip.

This determination reflects what legal experts, civil society, and humanitarian actors have denounced for months: the mass killing of civilians, the destruction of essential infrastructure, and the deliberate use of famine as a weapon of war, contributing to the intentional and systematic destruction of Palestinians as a group. Hospitals, universities, schools, and housing have been systematically destroyed. Access to food, water, and medicine has been deliberately obstructed, and famine has been formally declared by UN mechanisms.

This is not a humanitarian crisis caused by natural disaster; it is the direct result of deliberate policies implemented by the government of Israel and its Prime minister, Benjamin Netanyahu, who is currently facing an arrest warrant issued on 21 November 2024 for alleged war crimes and crimes against humanity as part of the ICC investigation in Palestine.

Defiance of International Justice

On 19 July 2024, the International Court of Justice (ICJ) issued its Advisory Opinion, finding that Israel’s occupation policies and practices, including in East Jerusalem, are incompatible with international law. It emphasized that all states have an obligation not to recognize or aid unlawful situations and to act to bring them to an end.

The UN General Assembly welcomed the ICJ’s Advisory Opinion and ordered Israel to end the illegal occupation of Palestinian territory as soon as possible, but no later than September 18, 2025. This deadline has now passed, yet the illegal occupation continues. In fact, the Israeli government has continued to escalate violations: accelerating settlement expansion, pursuing forcible transfer, and openly defying binding international legal rulings. The UN High Commissioner for Human Rights has warned that impunity is fueling ongoing atrocities and that the credibility of international law itself is at stake.

The AED also condemns the United States’ punitive measures against UN experts and its announced and earlier designated sanctions against judges and prosecutors of the International Criminal Court (ICC) and is equally alarmed by the measures taken against the UN Special Rapporteur on Palestine, Francesca Albanese, and human rights organizations engaged in the ICC’s criminal investigation of Israeli members of government. By targeting independent international justice mechanisms, these actions not only obstruct victims’ access to justice but undermine the global system of accountability painstakingly built after the horrors of the Second World War.

Europe’s Complicity Through Inaction

European governments and the EU have failed in their legal and moral obligations. Despite mounting evidence of genocide and the ICJ’s rulings, they have refused to adopt necessary measures, accordingly to the Convention on the Prevention and Punishment of the Crime of Genocide, which provides that states are obliged to prevent and punish genocide. Inaction in the face of overwhelming evidence is not neutrality — it can be interpreted as complicity.

Breaking Silence: International Solidarity in Action

The AED also salutes the courage of all the solidarity activists that seek to break the unlawful blockade of Gaza and deliver essential humanitarian supplies. UN experts have affirmed the legitimacy of this action and called for full protection of the Flotilla and its participants. In the face of deliberate starvation policies, the Global Sumud Flotilla represents the spirit of international solidarity and civil resistance against impunity. 

The AED reaffirms its support for such initiatives and condemns the unlawful and forceful interception of the Global Sumud Flotilla vessels and detention of the solidarity activists off the coast of Gaza for just carrying out an entirely peaceful humanitarian mission.

Solidarity with Palestinian Lawyers

The AED expresses its full solidarity with Palestinian lawyers and bar association, who are themselves under attack. Israel has bombed the headquarters of the Palestine Bar Association in Gaza, destroyed archives, and obliterated the legal infrastructure of justice, including courthouses, law offices and the Palace of Justice. At least two-hundred Palestinian lawyers have been killed, while those who survive face the destruction of their homes, offices, and livelihoods. (11)

The AED also condemns the U.S. sanctions against Al-Haq, the Al Mezan Center for Human Rights (Al Mezan), and the Palestinian Centre for Human Rights (PCHR) – key Palestinian human rights organizations pursuing international criminal accountability for crimes committed in Palestine – directly and adversely interfering with the ability of Palestinian lawyers to carry out their crucial work. (12)

In the West Bank, lawyers continue to endure daily harassment, restrictions. These attacks not only target individuals but also seek to annihilate the very possibility of justice for Palestinians. The AED recalls that the protection of lawyers and judicial institutions is a cornerstone of the rule of law, and their destruction is itself a crime that demands accountability.

In light of the gravity of the situation, AED urgently calls upon EU governments to take action to establish:

  • An immediate, unconditional, and permanent ceasefire in Gaza, immediate, the liberation of all hostages and political prisoners illegally detained.
  • The recognition of the Palestinian people’s right to self-determination and concrete steps to end the unlawful occupation.
  • Unhindered and comprehensive humanitarian access to end the man-made famine without delay.
  • Full support for international accountability, including ICC investigations and prosecutions of those responsible for genocide and other international crimes.
  • Effective sanctions against Israel, including the suspension of arms transfers and all international agreements that facilitate grave violations of international law.

These demands are urgent not only for the survival and dignity of the Palestinian people but also for the integrity of the international legal order and the health of democracy itself. To remain silent or inactive in the face of genocide is to betray the very foundations of international law.

The AED stands with all those who defend justice, human rights, and peace, and reaffirms its commitment to fight against impunity, and the erosion of democratic freedoms.


European Democratic Lawyers (AED)F

Justice Delayed: Lawyers associations condemn the European Court of Human Rights’ Inaction on Lawyers’ Cases in Turkey

For years, these lawyers have faced politically motivated prosecutions in Turkey, marked by flagrant violations of international fair trial standards. They were arrested, tried, and convicted on charges largely derived from their professional duties as defence lawyers, such as attending human rights protests, defending political opponents, or advising clients on their right to remain silent.

Different fact-finding missions have documented grave breaches: judges and prosecutors acting under political pressure, the denial of defense rights, reliance on anonymous witnesses, and punishment of lawyers for performing their professional duties. These findings, which are consistent with reports from UN bodies and leading international NGOs, highlight a systematic erosion of the rule of law in Turkey.

The findings of these missions are not mere allegations but are corroborated by the highest human rights bodies within the Council of Europe itself. The former Council of Europe Commissioner for Human Rights, in her official report, conducted a meticulous examination of the ÇHD trial and concluded that the court ‘rejected all requests for defence witnesses, as well as over 100 separate investigation requests… without any reasoning’ and that the very act of ‘the exercise of the profession of lawyer was considered an aggravating circumstance’ in sentencing. Most alarmingly, the Commissioner found that the conviction relied on evidence such as ‘the persons the lawyers represented’ and their ‘participation in different lawful events’, leading her to the unequivocal conclusion that these elements ‘corroborate the allegation that the legitimate professional activities of a defence lawyer can be considered as incriminating evidence’.

This authoritative finding from the Council of Europe’s own principal human rights advocate was published in 2019. It served as an unequivocal, early warning to the European Court of Human Rights that a Member State was judicializing repression and turning the practice of law into a crime.
The Commissioner’s report laid bare a trial so bereft of fairness that it contravened the most fundamental principles of the Convention. That the Court has allowed the subsequent applications from these lawyers to remain in a procedural limbo for years after such a clear and damning indictment from a sister institution is not merely a delay; it is a dereliction of duty. It signals a catastrophic failure to heed its own system’s alarms and a breach of trust with the victims, for whom the Commissioner’s words were supposed to trigger an urgent judicial response, not years of silence.

The credibility of the Court, and the hope of countless victims, hangs in the balance.

Despite the overwhelming evidence of gross violations of fair trial rights, systemic denial of due process, and politically motivated prosecutions, the Court has failed to act with the urgency demanded by the situation. The consequences of this inaction are devastating. Many of the accused lawyers remain behind bars, in prolonged pre-trial detention serving lengthy sentences handed after proceedings that blatantly contravened the European Convention on Human Rights.


Others, including Ebru Timtik, paid with their lives—she died in August 2020 after a 238-day hunger strike demanding the right to a fair trial.

Compounding this injustice is the Court’s protracted procedural inertia in these specific matters. It is a matter of profound alarm that despite applications concerning these mass trials of lawyers being lodged with the Court as far back April 2021, the process of communication—the crucial first step where the Turkish government is formally required to respond to the allegations—has yet to be initiated in numerous cases.

The initial application dated 29 April 2021 comprises complaints pertaining to (pre-trial) detention. Applications regarding the right to a fair trial were made on 15 March 2023.

This years-long delay at the very threshold of examination is indefensible and runs directly counter to the Court’s own established principles on the imperative of expeditious justice, especially where fundamental rights are at immediate risk.

The undersigned firmly denounce the unacceptable delay by the European Court of Human Rights (ECHR) in examining the urgent cases submitted concerning the mass trials of lawyers, human rights defenders in Turkey.

The Court itself has repeatedly stressed the importance of administering justice without delays which might jeopardise its effectiveness and credibility (Scordino v. Italy (no. 1) [GC], § 224) and judged that “Long periods during which the proceedings … stagnate…” without any explanations being forthcoming are not acceptable under the provision of article 6 of the Convention (Beaumartin v. France, § 33).

Undue delay undermines the effectiveness of the right of individual petition under article 34, reducing it to a purely formal mechanism without practical consequence.
This delay has not only left individual applicants without remedy but has also emboldened the Turkish authorities to continue their repression with impunity. The Court’s prolonged silence effectively legitimizes these violations and undermines the credibility of the European human rights system as a whole. For lawyers and defenders imprisoned merely for upholding their professional responsibilities, justice delayed has become justice denied.

We recall that the Court has both the mandate and the moral duty to provide effective and prompt remedies to victims of rights violations. In the face of ongoing persecution and systematic abuse, prioritizing and expediting these cases should have been imperative. Instead, the prolonged inaction signals indifference to those for whom the European Court of Human Rights is their last recourse for justice for our collegues of the Progressive Lawyers Association (ÇHD) and the People’s Law Office (HHB).

We therefore call on the European Court of Human Rights to immediately accelerate the examination of these cases, to issue interim measures where necessary.
Anything less would amount to complicity in the erosion of fundamental freedoms, setting a dangerous precedent for Europe and beyond.

Timely examination and determination of these applications are essential to restore confidence in the Court as the final guardian of the rule of law and fundamental freedoms in Europe.

Justice delayed in this context is not merely a procedural shortcoming, delay erodes confidence in the Court itself and weakens the European system of human rights protection

The credibility of the Court, and the hope of countless victims, hangs in the balance.
Justice delayed is justice denied. The European Court of Human Rights must act now!

SIGNATURES
Arab Lawyers Association, UK
Asociación Americana de Juristas
Avocats européens démocrates – European democratic lawyers (AED – EDL)
Defense Commission of the Barcelona Bar Association
European Association of Lawyers for Democracy and World Human Rights (ELDH)
Foundation Day of the Endangered Lawyer
Human Rights Legal Project – Samos
International Association of Democratic Lawyers (IADL)
International Association of Russian Advocates
Osservatorio avvocati minacciati of Unione Camere penali italiane
Progressive Lawyers’ Association (ÇHD), Turkey
Republikanischer Anwältinnen – und Anwälteverein e.V. (RAV)
Syndicat des avocat.es de France
Syndicat des avocats pour la Démocratie
The New York City Bar Association