Posted on

Joint Statement -LAWYER NASRIN SOTOUDEH

Download in Farsi

We, the undersigned 26 Bar Associations, Law Societies, and organisations supporting the legal profession of over 14 countries, stand in solidarity with our Iranian colleague Nasrin Sotoudeh and other lawyers in Iran who are being persecuted by their Government for carrying out their profession diligently and in accordance with the law.

On 13 June 2018, Ms. Sotoudeh was arrested at her home in Tehran and taken to Evin prison. On 30 December 2018, she was tried in absentia and without access to a legal representative of her own choosing by the Revolutionary Court in Tehran on charges that included: “assembly and collusion against national security;” “propaganda against the state;” “encouraging corruption and prostitution;” and “appearing at the judiciary without Islamic hijab”. She was sentenced to 33 years in prison and 148 lashes.

Previously, in September 2016, Ms Sotoudeh had also been sentenced in absentia to 5 years imprisonment without access to a legal representative. She was only informed of her conviction two years later. Prior to that, in 2010, Nasrin Sotoudeh was also convicted and sentenced to 11 years imprisonment, was banned from practising as a lawyer, and had a travel ban imposed on her. In September 2013, after 3 years in prison, Ms Sotoudeh was released.

These repeated legal proceedings brought against Ms Sotoudeh constitute judicial harassment and are in clear violation of Iran’s international legal obligations. It is evident that Nasrin Sotoudeh is being punished by Iranian authorities for carrying out her legitimate professional duties, in particular as a legal representative of women’s rights defenders, religious minorities, and minors at risk of receiving the death penalty. The actions taken against Nasrin Sotoudeh also deprive her clients of their right to access justice in Iran.

Earlier this year, the Islamic Republic of Iran temporary released thousands of prisoners due to the Covid-19 pandemic. Overcrowding, lack of medical attention, and unsanitary prison conditions put prisoners at greater risk of contracting the virus. However, many human rights defenders and lawyers in Iran were excluded from such release and remain in detention. Ms. Sotoudeh began a hunger strike on 11 August 2020 in Evin prison to call for the release of prisoners held for political motives at risk of catching Covid-19. She was hospitalised due to her deteriorating health condition on 19 September 2020 and sent back to Evin prison on 23 September 2020 where she did not receive appropriate medical care. She ended her hunger strike on 25 September 2020 and was subsequently transferred to Qarchak prison on 20 October 2020. On 7 November 2020, she was temporarily released on house arrest on medical grounds. She has been suffering from low blood pressure, fluctuating blood sugar levels, and rapid weight loss and seems to have contracted Covid-19 in prison. On 1 December 2020, Nasrin was sent back to Qarchak prison

Iran ratified the International Covenant on Civil and Political Rights on 24 June 1975, which establishes binding obligations to respect and guarantee the right to be free from torture and ill-treatment, the right to liberty and security of the person, and the right to a fair trial. The UN Basic Principles on the Role of Lawyers establish that no lawyer should be hindered in carrying out his or her professional duties. Lawyers should be free to practise their profession and legally represent their clients without external interference and without being identified with their clients or their clients’ causes. 

We call on the authorities in Iran to:

  1. Immediately and unconditionally release Nasrin Sotoudeh and withdraw all charges against her, vacate any convictions and sentences imposed on her, and put an end to all acts of harassment against her; and
  • Comply with Iran’s international obligations to ensure that members of the legal profession can carry out their professional functions without harassment and improper interference, including judicial harassment.

The Law Society of England and Wales

International Bar Association’s Human Rights Institute

Abogacía Española – Consejo general

Council of Bars and Law Societies of Europe (CCBE)

Paris Bar

Conseil national des barreaux

International Observatory for Lawyers in Danger

Lawyers for Lawyers

Lawyers’ Rights Watch Canada

UIA-IROL (Institute for the Rule of Law of the International Association of Lawyers)

Bar Human Rights Committee of England and Wales

Geneva Bar Association

German Bar Association

Raoul Wallenberg Centre for Human Rights

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

Solicitors International Human Rights Group (SIHRG)

New York City Bar Association

Arrested Lawyers Initiative

Progressive Lawyers Association

Avocat.e.s Européen.ne.s Démocrates / European Democratic Lawyers (AED/EDL)

AIJA International Association of Young Lawyers

Human Rights Embassy (Moldova)

The European Criminal Bar Association

Défense sans frontière – Avocats Solidaires

Forum Penal – Associação de Advogados Penalistas

Syndicat des Avocats pour la Démocratie

Posted on

The judicial scandal has to come to an end – the imprisoned lawyers must be released

On November 11, the ÇHD I criminal case, which started in 2013, will continue at the 1st instance, before the 18th Heavy Penal Court in Istanbul. The victims of this long lasting trial are the accused 22 lawyers, all members of the Turkish Lawyers’ Organization ÇHD (Progressive Lawyers of Turkey) and all working in one of the two offices of the People’s Law Office. At the opening of the trial, 9 of the accused had already served 11 months in pre-trial detention. However, in order not to put a disproportionate burden on the defendants, the court released the last defendants from pre-trial detention 14 months after their arrest in January 2013.

The trial could have ended long ago if the prosecution had not initiated a second criminal case (ÇHD II trial) in 2018, with the approval of the 37th Heavy Penal Court, also against lawyers of the ÇHD and the People’s Law Office. 8 of the 20 lawyers accused in this case were also accused in the ÇHD I trial. In both proceedings, the defendants are accused of supporting, being members of, or directing a terrorist organization, on the same evidence. In September 2017, pre-trial detention was ordered for the defendants. One year later, the proceedings were opened. After the first week of hearings, the court ordered the release of all defendants from pre-trial detention. After an appeal by the public prosecutor’s office, 13 lawyers were again remanded in custody.

What the 18th Criminal Chamber failed to achieve in 4 years, the 37th Heavy Penal Court achieved in half a year after the opening of the proceedings. The accused were sentenced to prison terms between 2 and over 18 years. The sentences were largely confirmed in the Court of Appeal and the Supreme Court.

The public prosecutor’s office and the 37th Heavy Penal Court were aware of the proceedings pending before the 18th Criminal Chamber when the new proceedings were opened. They were also aware that 8 defendants in the ÇHD II trial had already been charged in the ÇHD I trial. They likewise knew that the principle “ne bis in idem” prohibits sentencing defendants twice for the same crime. The prosecutors and the 37th Heavy Penal Court must answer as to why they interfered in the current ÇHD I trial by opening a second trial. The convictions by the 37 Heavy Penal Court prevent the 18th Heavy Penal Court from pronouncing sentences on identical defendants. The 18th Heavy Penal Court is therefore also prevented from pronouncing lesser sentences, stopping the proceedings against the accused, or acquitting the accused. This situation currently affects the following defendants: Att. Selçuk Kozağaçlı , Att. Barkin Timtik, Att. Oya Aslan and Att.Günay Dag.

The Commission of Inquiry conducted in October 2019 by 23 lawyers’ organizations and bar associations from all over the world in Istanbul pointed out violations of the `principles of fair trial in the two ÇHD trials in its analysis and report “Fact-finding mission on CHD’s trials, Breach of Fair Trial, Independence of the Judiciary and Principles, on the Role of Lawyers, October 2019, Istanbul”

One of the lawyers accused in both trials, Att. Ebru Timtik, paid with her life for her struggle for fair trials. She went on hunger strike. The court refused to release her temporarily from detention in order to recover from the consequences of the hunger strike. Her colleague Att. Aytac Ünsal, who also went on hunger strike, only survived because the Court of Appeal, aware of the worldwide protests following the death of Ebru Timtik, did not want to be responsible for another victim of its intransigence.

If the 18th Heavy Penal Court is to avoid further damage to the reputation of the Turkish judiciary, the only option left to it is to acquit the accused, or to close the case.

Supported by

▪ European Association of Lawyers for Democracy and World Human Rights (ELDH)
▪ Avocats Européens Démocrates (AED-EDL)
▪ International Association of Democratic Lawyers (IADL) representative at the UN Vienna
▪ Confederation of Lawyers of Asia and the Pacific (COLAP)
▪ Asociación Americana de Juristas (AAJ)
▪ Council of Bars and Law Societies of Europe (CCBE)
▪ L’ORDRE DES BARREAUX FRANCOPHONES ET GERMANOPHONE DE BELGIQUE, (AVOCATS.BE) ▪ Ordre des avocats de Paris
▪ Lawyers for Lawyers
▪ Associazione Nazionale Giuristi Democratici (Italy)
▪ Défense sans frontière – Avocats solidaires (DSF–AS)
▪ Democratic Lawyers Association of Bangladesh (DLAB)
▪ Dutch League for Human Rights
▪ Foundation Day of the Endangered Lawyer

Posted on

Another lawyer from Turkey has been arrested! Free Seda Saraldı

LAWYERS’ ASSOCIATIONS PROTEST ARREST OF TURKISH LAWYER SEDA SARALDI

 

We, the undersigned international lawyers’ associations, have for many years condemned the Turkish government’s systematic attacks on lawyers and bar associations for representing people allegedly opposed to government policies.

 

Ten lawyers from the Peoples’ Law Office and other members of the Progressive Lawyers Association have been in prison for more than three years. Eighteen lawyers from the Progressive Lawyers Association were sentenced to a total of 159 years and 2 months imprisonment following an unjust trial. Their right to defense and right to a fair trial were violated from the beginning to the end. The Turkish Supreme Court recently affirmed the unlawful convictions for fifteen of the accused lawyers.

 

During their incarceration, lawyers Ebru Timtik and Aytac Ünsal mounted a hunger strike to protest the unlawfulness of their convictions and demanded a fair trial for themselves and for every other person arrested. Tragically, Ebru Timtik died on the 238th of the day of her hunger strike.

 

Seda Saraldi, another lawyer who is a member of Progressive Lawyers Association and worked in the Peoples` Law Office as the intern of Ebru Timtik, was detained on 28 October, together with 101 clients of her office. Saraldi was arrested at her family’s home at midnight. According to her defense lawyers, the police broke the door of the house and Saraldi was subjected to violence during her arrest.

 

After finishing her internship, Saraldi began working as an attorney in the Peoples` Law Office. She was one of the lawyers campaigning for the freedom of Ebru Timtik and Aytac Ünsal. During the one year she has practiced law, Saraldi has represented hundreds of vulnerable people, including the imprisoned lawyers.

The Turkish government does not follow its domestic law, and it also systematically violates the Basic Principles on the Role of Lawyers (known as the Havana Principles). Under these principles,

“Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.” In addition, “Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” But it is the Turkish government that is threatening the security of these lawyers for discharging their functions. And, the principles provide, “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”

Governments are obliged to remove the obstacles to the professional activity of lawyers and they should prevent any kind of harrasment or unlawful interference against lawyers. However, in Turkey the harrasment of the legal profession has become the policy of the government itself.

 

We demand again that the Turkish government live up to its obligations under the law. We also demand the immediate release of Seda Saraldi and all the other detained lawyers. Turkey must stop harrasing lawyers and bar associations who are on the front lines of providing the right to defense.

 

International Association of Democratic Lawyers (IADL)

European Democratic Lawyers (EDL – AED)

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

Posted on

AED/EDL IN SUPPORT OF THE SPANISH LAWYERS ISABEL ELBAL AND GONZALO BOYE

AED/EDL would like to proclaim its support for our colleagues, the Spanish lawyers Gonzalo Boye and Isabel Elbal, concerning the suspicious attacks they have suffered in their offices, which have been burglarized twice in 9 months, stating the following:

1.- First and foremost, we must recall that lawyers should not be identified with their clients, or with the causes they defend, since such confusion is detrimental to the independence and dignity of lawyers and the whole legal profession, and ultimately affects the right of defense itself as a fundamental right.

This circumstance was already acknowledged in The Basic Principles on the Role of Lawyers, approved at the Eighth United Nations Congress on the Prevention of Crime and Treatment of Offenders, held in Havana (Cuba), from the 27th of August to the 7th of September 1990, which establishes in its guarantee n° 18 that “Lawyers will not be identified with their clients or with the causes of their clients as a consequence of the performance of their duties”. Furthermore Resolution 26/7 (10th july 2014) of the United Nations Human Rights Council (UNHRC- A/HRC/RES/26/7) (2) provides in its point n° 104 that “It must be prohibited to assimilate lawyers and their clients or their causes and to express anticipation for the adoption of measures aimed at preventing such assimilation“.

 

2.- Regardless of the foregoing, we express our most outright rejection of all the intimidating, threatening or humiliating messages that lawyers have been receiving in recent times due to their practice of the legal profession, and specifically in the case of our colleagues because of their work as defense lawyers of clients linked to the so-called Catalonian “procés”. Likewise, we strongly reject such illegitimate attacks, and show our solidarity and support to the recipients.

 

3.- We reiterate the need for legal professionals, and specifically lawyers, to be able to develop their constitutional function with the most absolute freedom and autonomy, without which, it is impossible to speak of the rule of law and of the existence of fair trials without discrimination.

 

 

Madrid, Barcelona, Paris, Rome, Berlin, Brussels, Amsterdam

3rd of October 2020

Posted on

What’s after Moria?

The end of EU refugee policy in compliance with human rights

RAV and AED-EDL zoom press conference with European lawyers and Moria refugees, September 17, 2020, 10.00am

To register and for details: gs@rav.de or: 030.417 235 55
Background information: https://www.rav.de/themen/migration-asyl/

Moria represents the fact the decisive achievement of European civilization – that states subject themselves to rights and duties – is at stake. Lawyers from three European countries explain their experiences, a Moria refugee concretely reports on the consequences of failures of national and EU-law; Karl Kopp from pro asyl will place this in the context of the European asylum reform of recent years.

RAV and AED-EDL invite you to a zoom press conference in German and English language focusing on the current situation in Moria and EU preparations for a ›Moria 2.0‹.

  • Raed Alabd, Afghan refugee from Moria, will report on his current survival struggle.
  • Greek lawyer Elli Kriona represents many refugees from Moria legally. She explains the Greek and EU legal background and clarifies the causes of the failure of European asylum policy on the background of the EU-Turkey deal. Due to her practice she has precise information on the situations of the refugees in Moria.
  • Italian lawyer Lucia Gennari, who accompanied refugees on ships to enable them to safe entries into EU harbors; she also represents many refugees from the Italian hot spots. Lucia Gennari also explains the Italian experiences with the failure of the European asylum system, especially with the hot-spot (non)-system.
  • German lawyer Berenice Böhlo, legally representing many refugees arriving from Greece to Germany, comments on the misguided German discussion on indisputable human rights-based requirements, binding legal and procedural guarantees within the European asylum system. Demands of the European lawyer associations will be presented.
  • For years, Karl Kopp of pro asyl deals with the survival of refugees in Europe and explains why – from a civil society perspective – only a fundamental reform of the European asylum system can guarantee for a humane procedural legal process.

 

Download invitation

 

Here is the video of the conference. Co-president of the AED-EDL Berenice Boehlo talks at around 50:00 min.

Posted on

Open statement in connection with the detention of Belarusian lawyers Ilya Salei and Maksim Znak

September 10, 2020

We express our deep concern at the detention of lawyers Ilya Salei and Maksim Znak on September 9, 2020, in Belarus, in a criminal case which is undeniably politically motivated. We consider this to be a gross violation and interference with their professional legal activities and with their rights to express professional opinions, as established by international legal standards. This case is a direct consequence of a dire situation, problems and violations of professional rights of attorneys and lawyers and overall functioning of the legal profession in the Republic of Belarus. These problems were highlighted by both international organizations and representatives of the legal community before.[1]

According to information posted on the website of the Main Investigation Department of the Investigative Committee of the Republic of Belarus, “the investigation of the criminal case opened by the General Prosecutor’s Office of the Republic of Belarus under Part 3 of Art. 361 of the Criminal Code of the Republic of Belarus. At the moment, in the course of the investigation, evidence has been obtained that testify to the commission by individuals of a non-governmental organization called the Coordination Council, actions aimed at destabilizing the socio-political, economic situation and public awareness in the country, causing harm to the national security of the Republic of Belarus. These actions were carried out using the media and internet resources. With regard to the suspects Maria Kolesnikova and Maksim Znak, with the approval of the prosecutor, a preventive measure was chosen in the form of detention. Ilya Salei was also detained on suspicion of committing this crime.”[2]

However, detained Ilya Salei is a lawyer of Maria Kolesnikova, one of the leaders of the Belarusian protest movement and a member of the Presidium of the Coordination Council, who is also in jail.[3] Second detained lawyer Maksim Znak was representing Viktor Babariko, who ran for the President of the Republic of Belarus, but was not allowed to register as a candidate and was recognized as a political prisoner. Maksim Znak was also an attorney for the former presidential candidate Svetlana Tikhanovskaya, on whose behalf he created the Coordination Council. As a member of the Presidium of the Coordinating Council, Maxim Znak was providing legal assistance as an attorney. Maxim Znak’s lawyer Dmitry Laevsky notes: “all his statements, appeals, comments were public, transparent, their content was absolutely legal and did not carry any illegal intentions.”[4]

We would like to emphasize that, in accordance with the United Nation’s Basic Principles on the Role of Lawyers[5], governments must ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment, or improper interference. Lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights, and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful actions or their membership in a lawful organization.

The Belarusian Helsinki Committee appealed to the UN Special Rapporteur on the independence of judges and lawyers with a report about the situation of lawyers Maksim Znak and Ilya Salei.[6] The report called for urgent action to be taken in connection with the detention of the lawyers and requested to send an urgent message to the Government of Belarus on the need to comply with the Basic Principles concerning the role of lawyers.

Belarusian lawyers and jurists have made an open statement in connection with the detention of their colleagues.[7]

We also demand from the authorities of the Republic of Belarus to:

– immediately release lawyers Maksim Znak and Ilya Salei and comply with international legal standards of the independence of legal profession and the exercise of the right to defense;

– stop the persecution of lawyers and attorneys who are exercising their constitutional right of free expression by expressing their opinions[8] while performing professional functions;

– strictly observe the provisions of Art. 62 of the Constitution of the Republic of Belarus: “everyone has the right to exercise and protect rights and freedoms, including the right to use at any time the assistance of lawyers and their other representatives in court, other state bodies, local government bodies, at enterprises, institutions, organizations, public associations and in relations with officials and citizens. Opposition to the provision of legal assistance in the Republic of Belarus is prohibited by law.”[9]

Download in English and Russian

Signatories:

  1. Helsinki Foundation for Human Rights, Poland
  2. ARTICLE 19, United Kingdom
  3. The Council of Bars and Law Societies of Europe
  4. The Bar Association of Luxembourg
  5. The Swedish Bar Association
  6. The French and German speaking bars association of Belgium AVOCATS.BE
  7. The European Association of Lawyers AEA-EAL
  8. Lawyers for Lawyers, The Netherlands
  9. FIDH – International Federation for Human Rights
  10. Lawyers’ Committee for Human Rights YUCOM, Serbia
  11. OMCT World Organisation Against Torture
  12. Human Rights House Foundation, Norway
  13. Centre de la protection internationale, France
  14. Human Rights Monitoring Institute, Lithuania
  15. International Partnership for Human Rights (IPHR), Belgium
  16. The Norwegian Helsinki Committee
  17. Freedom Now, USA
  18. Crude Accountability, USA
  19. All-Ukrainian Association of Lawyers Providing Free Legal Aid – Odesa Division, Ukraine
  20. Center for the Development of Democracy and Human Rights, Russia
  21. Pskov Regional Human Rights Environmental Public Movement “Svobodnyi Bereg”, Russia
  22. Kharkiv Regional Foundation Public Alternative, Ukraine
  23. German-Russian Exchange in St. Petersburg
  24. Stichting CAAT Projects, The Netherlands
  25. MEMORIAL Deutschland e. V. Haus der Demokratie und Menschenrechte, Germany
  26. Legal Policy Research Center, Kazakhstan
  27. Public Association Dignity, Kazakhstan
  28. Human Rights Movement “Bir Duino-Kyrgyzstan”
  29. Belarusian Helsinki Committee
  30. Human Constanta, Belarus
  31. Center for Participation and Development, Georgia
  32. Helsinki Citizens’ Assembly – Vanadzor, Armenia
  33. Association of Ukrainian Human Rights Monitors on Law Enforcement, Ukraine
  34. SOVA Center for Information and Analysis, Russia
  35. Souchastiye v Sud’be, Blagotvoritel’nyy Tsentr, Russia
  36. Human Rights Embassy, Moldova
  37. Libereco Partnership for Human Rights, Germany
  38. Public Verdict Foundation, Russia
  39. Human Rights Group “Grazhdanin, armia, pravo”, Russia
  40. DRA – German-Russian Exchange, Germany
  41. Social Action Centre, Ukraine
  42. Helsinki Committee of Armenia
  43. Helsinki association, Armenia
  44. Macedonian Helsinki Committee
  45. Swedish OSCE-network
  46. Albanian Helsinki Committee
  47. Bulgarian Helsinki Committee
  48. Women of the Don, Russia
  49. Moscow Helsinki Group, Russia
  50. Human Rights House Zagreb, Croatia
  51. Human Rights Center, Georgia
  52. Mogilev Human Rights Center, Belarus
  53. Netherlands Helsinki Committee
  54. Human Rights Center ZMINA, Ukraine
  55. The Barys Zvozskau Belarusian Human Rights House
  56. “Ekumena” Center, Belarus
  57. Youth Memorial – Perm, Russia
  58. Human Rights House in Chernihiv, Ukraine
  59. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
  60. Östgruppen – Swedish initiative for democracy and human rights, Sweden
  61. IDP Women Association Consent, Georgia
  62. Kazakhstan International Bureau for Human Rights and the Rule of Law, Kazakhstan
  63. Czech Bar Association, The Czech Republic (tbc)
  64. Civil Initiative Against Lawlessness in Courts and Prosecutor’s Office, Belarus
  65. AED-EDL (Avocat.e.s Européennes Démocrates / European Democratic Lawyers), Barcelona, Spain
  66. Freedom House, USA
  67. Independent Social Ecological Movement – NESEHNUTI, Brno, The Czech Republic
  68. Stichting CAAT Projects, the Netherlands
  69. La Asociación Libre de Abogados, Spain
  70. RAW for Women and Girl Survivors of War (Raw in War)
  71. Citizens Network Watchdog, Poland
  72. ORDRE DES AVOCATS DE PARIS / Paris Bar, France
  73. The Сouncil of the Warsaw Bar Association of Advocates, Poland
  74. Russian LGBT Network
  75. Board of the EU-Russia Civil Society Forum
  76. Freedom of Religion and Believe – FORB, Belarus
  77. Human Rights Center Memorial, Russia

[1] See https://www.hfhr.pl/en/report-on-the-situation-of-legal-profession-in-belarus/ https://probusiness.io/law/7462-kogda-slesari-bastuyut-advokatam-stydno-molchat-obrashchenie-advokatskogo-soobshchestva-belarusi.html, https://fondadvokatov.ru/belarus

[2] See https://sk.gov.by/ru/news-ru/view/sledstvennym-komitetom-prodolzhaetsja-rassledovanie-ugolovnogo-dela-o-publichnyx-prizyvax-k-dejstvijam-9248/

[3] Coordination Council – public initiative, created with the goal of overcoming political crisis in Belarus and ensuring peace and understanding, and also for protection of sovereignty and independence of the republic of Belarus. More information about the Council please see https://rada.vision/en

[4] See https://news.tut.by/economics/699898.html

[5] Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, see https://www.un.org/ru/documents/decl_conv/conventions/role_lawyers.shtml

[6] See https://belhelcom.org/be/node/1244

[7] https://news.tut.by/economics/699922.html

[8] Article 33 of the Constitution of the Republic of Belarus https://kodeksy-by.com/konstitutsiya_rb/33.htm

[9] See https://kodeksy-by.com/konstitutsiya_rb/62.htm

Posted on

OBITUARY – Ebru Timtik will always be in our minds and hearts!

Ebru passed away yesterday after 238 days on Hunger Strike. She fought until her last breath for the right to a fair trial and independence of lawyers. The Turkish State is responsible because it ignored her claims.

Last October we visited her and the other colleagues of the ÇHD in Silivri hight security prison (near Istanbul) with an International Delegation of lawyers, we spoke with her about her determination to continue denouncing all forms of injustice.

We know that the right to a fair trial has been violated in the so called ÇHD2 Case. We have seen, observing the trial, that the Court was unfair. The lawsuit was a masquerade (not enforcing procedural rules, nonsense statements of a secret witness were the base of the decision, and the verdict was given before the right of defence was exercised). The international delegation of Lawyers, in which AED-EDL and the Foundation Day of Endangered Lawyer participated monitoring the trial, has been expulsed from the Courtroom before the last statement was given by the defence lawyers and before the final decision.

The denying of the demand Ebru made for a fair trial made her choose the way of a hunger strike. This hunger strike was not meant as a special request for herself but for the whole profession of lawyers and for the Kurdish and Turkish people. When her situation was already very grave on the 14th of August a request to release Ebru and her colleague Aytaç Unsal was denied by the Constitutional Court of Turkey.

Everyone has to know that the death of Ebru could have been prevented. For all of us, her death will be remembered as a shame for the Turkish Judiciary.

The lesson we can obtain of Ebru’s death is that we must be more conscious to fight for fundamental Rights in Turkey and other Countries. Her action will help and motivate us to defend the right to a fair trial.

Ebru, your life was brilliant, your death is very sad, and your example is a light in this time of troubles in Turkey!

 

Rest in peace, our sister.

 

28.08.2020