Legal profession in Turkey under attack
Legal profession in Turkey under attack
Legal profession in Turkey under attack
On
24 January 2013, four Ankara lawyers, Ms Filiz Kalaycı, Mr Hasan
Anlar, Mr Halil İbrahim Vargün and Mr Murat Vargün received sentences
ranging from 6 years and 3 months to 7 years and 6 months in jail on
charges of being a member of “an armed, illegal organization”.
International observers fear that these charges are
merely based on the lawyers’ legitimate professional activities and
their involvement in the promotion of universal human rights standards.
Lawyers for Lawyers (L4L) and Fair Trial Watch (FTW)
have closely followed the case against four Ankara lawyers and attended
most trial hearings. Their observation of the case confirmed concerns
raised by Thomas Hammarberg, former Commissioner for Human Rights of the
Council of Europe about the definition of some offences in Turkish laws
concerning terrorism and membership of a criminal organization and
their wide interpretation by courts. The lawyers’ legitimate
professional activities including the provision of legal advice,
investigating torture and ill treatment claims in prisons and their
phone talks with colleagues were seen by the court as criminal
activities.
The case against the four Ankara lawyers is not an isolated case. Over
the last year, more than 60 lawyers were arrested. At least 35 lawyers
are still detained. These mass arrests indicate that judicial harassment
against lawyers in Turkey has become large-scale and systematic.
Lawyers defending clients accused of terrorism-related offences or
otherwise involved in defending human rights standards are at risk.
Lawyers are also otherwise hindered in the performance of their
professional functions. The specially authorized courts in Turkey, weaken the status of defence counsel by limiting their plea time at certain trials. This
strengthens the fear of L4L and FTW that criminal proceedings are
being misused to repress, intimidate and punish lawyers. This practice
results in arbitrary detentions, discourages lawyers from representing
clients involved in politically sensitive cases and undermines the right
to be legally represented and thus constitutes a serious violation of
the rule of law and Turkey’s international law obligations.
L4L and FTW call on the Turkish authorities to ensure the
independence and safety of lawyers in their professional and personal
capacities in compliance with national and international law duties
applicable to Turkey.
Lawyers for Lawyers (L4L)
is an independent and non-political Dutch foundation that seeks to
promote the proper functioning of the rule of law by pursuing freedom
and independence of the legal profession. L4L does this by supporting
lawyers worldwide who are threatened or suppressed in the execution of
their profession. See for more information: www.lawyersforlawyers.org <http://www.lawyersforlawyers.org>
Fair Trial Watch (FTW) is a Dutch foundation that aims to promote
the development of a fair trial for anyone, with particular attention
to the Middle-East. FTW dedicate themselves to the protection and
defense of the right of everyone to have a fair and public hearing
within a reasonable time by an independent and impartial tribunal
established by law, as it established by article 6 of the European
Convention on Human Rights and the ICCPR.