Interview with barrister Hugo Charlton

Interview with barrister Hugo Charlton

Barrister Hugo Charlton was one of the six UK lawyers part of the 30-strong delegation of European human rights lawyers, from several countries, that, on the 17th September, observed, at the Silivri prison court, the 6th hearing of the trial of 45 Kurdish lawyers, who face criminal charges under Turkey's anti-terror laws.

ANF asked Charlton some impressions of his trip as he returned to the UK.

How did you find the lawyers on trial ? Would you able to talk to them or their families?
I was not able to talk to the 16 lawyers still in detention. But they waved to us from the dock and seemed in good health. They certainly defended themselves robustly when addressing the court. At the same time conducting themselves as the professional lawyers that they are, treating the court with a respect it did not deserve.
I understand from those who have been released from detention treatment in prison is the same as that for any other prisoner. However the regime in prisons of that category is fairly harsh.
Meanwhile the conditions for those on bail makes life difficult. The fact that their telephones have been tapped makes it difficult for them to continue their professional work.
It is of course the most blatant example of the breach of professional privilege which lawyers throughout the world understand. It is absolutely imperative that conversations with a client are confidential. Indeed it was this point that the lawyers for the defendants at the trial spent most of the time making.

How could the international community help in not letting this - like many others - trial go unnoticed ? Are you going to present them to any international body ?
The international community is becoming increasingly interested in these trials especially as they concern professional people. The fact that these judicial methods of suppression are being used against a variety of groups including journalists, generals and protesters as well as lawyers is drawing attention to the emerging authoritarian nature of this regime. This is a shame as in so many other respects Turkey is seen as a modern and successful country. Also international circumstances have meant that turkey is being looked at much more closely and the recent treatment of protesters has already brought criticism on the regime.
Certainly the international and national professional bodies representing lawyers and journalists are very interested in what is  happening with the trials. Even William Hague the British foreign secretary has said that the international community is concerned about judicial independence in Turkey.
All those attending will be reporting back to their own professional organisations which in the united kingdom includes the barristers human rights association and the law society human rights committee.

A more general question: how did you find Turkey ? How is the mood there especially after the Gezi Park protests and indeed in the middle of a "process" towards peace ?
Istanbul was it's usual exciting and vibrant self. Whilst the were a lot of police and gendarmie hanging about there was no  trouble while we were there. The only noise came from groups of high spirited football supporters. However underneath one could detect an element of tension.
Much more importantly was a feeling of unease in the business community. If the misuse of judicial authority is going to become widespread there was real concern as to the future  for the economy.
Respect for property rights and the rule of law is an essential ingredient for a prosperous modern economy. President Erdogan is an extremely clever politician, it would be a tragedy if his drive for political control we're to set Turkey's progress back. The immediate future will be a test as to whether he is a modern statesman or an old style autocrat. If it is the latter it will deter international investors and disappoint the world community at a time when Turkey has such a crucial role to play.
He will be remembered either as the man who solved the Kurdish problem, helped bring peace to Syria, and provided the world with an example of a modern and and tolerant islamic government, or reviled as the man who did the opposite.