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TO THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT)

This communication is addressed to the European Committee for the Prevention of Torture (CPT). We respectfully ask the CPT on the Day of the Lawyers in Turkey, to organize a follow-up visit to İmralı Prison and in particular to examine the government’s refusal to permit lawyers to visit their clients who are under isolation in İmralı Prison.


On 26 May 2021 a petition was published, signed by 768 lawyers, including the members and executives of several bar associations, legal organizations, and human rights organizations, highlighting
this situation.


At present the rights of Abdullah Öcalan, Ömer Hayri Konar, Hamili Yıldırım, and Veysi Aktaş, who are currently held in İmralı F-Type High Security Prison to see their lawyers is unlawfully being restricted.


Applications for lawyer visits have not been granted since 7 August 2019 for Abdullah Öcalan, Veysi Aktaş, Hamili Yıldırım, and Ömer Hayri Konar. They have not been allowed to see their lawyers even once since they were transferred to İmralı Island in 2015.


A special and discriminatory form of isolation has been applied in İmralı Prison since 15 February 1999. The ban on lawyer visits was continued for 8 years without any interruption from 27 July 2011 until 2 May 2019. In 2019, 5 lawyer visits took place. After the last lawyer visit on 7 August 2019, the continuous ban resumed.


Since 1999, the CPT has conducted 10 separate visits to İmralı Prison. This severe state of isolation in İmralı Prison was noted in the CPT’s Report on its visit to Turkey between 6-17 May 2019, which was published on 5 August 2020. While pointing out several violations, the report also stated the following with regard to lawyer and family visits:


“The CPT urges the Turkish authorities to take the necessary steps to ensure that all prisoners at İmralı Prison are effectively able, if they so wish, to receive visits from their relatives and
lawyers. To this end, an end should be put to the practice of imposing a ban on family visits for ‘disciplinary’ reasons. Further, the Committee requests the Turkish authorities to provide – on
a monthly basis – an account of the visits which all prisoners held at İmralı Prison have received from their family members and lawyers” (para. 51).

The situation indicated in the CPT’s report continues to this day, in an aggravated manner. While it had been expected that improvements would be made in İmralı Prison in line with the recommendations outlined in the CPT’s report, the prisoners’ lawyers report that new disciplinary penalties and bans –
the latter were issued by the Execution Judgeship – have been imposed on the prisoners.

Allegations and rumors concerning Abdullah Öcalan’s state of health that were widely published on social media on 14 March 2021 caused serious concerns among the public. Although the prisoners were allowed the opportunity to communicate with their families by phone on 25 March 2021 in the face of these concerns, the conversation between Abdullah Öcalan and his brother was interrupted after 4-5 minutes, while Ömer Hayri Konar and Veysi Aktaş could not talk to their families. Abdullah
Öcalan informed the public that before the connection was completely interrupted, Abdullah Öcalan had clearly expressed his wish to see his lawyers.


The banning of lawyer visits to İmralı Prison openly violates the United Nations (UN) Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), updated in 2015, the CPT’s recommendations and the Execution Law of Turkey (Law no. 5275). States have the obligation to guarantee detainees and convicts’ exercise of their rights without any regard for their identity or the quality of their sentence.

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AYTAÇ ÜNSAL has to be released

Berlin, Barcelona, Madrid, Utrecht, Paris, Rome, Brussels, Athens, 16th December 2020

It is unacceptable that lawyer Aytaç Ünsal, convicted in an unfair trial, has been tortured and sent to prison despite his health conditions. Our colleague has to be released immediately.

People’s Lawyer Aytaç Ünsal, was taken into custody in Edirne in the evening of the 9th of December 2020. Previously, on the 3rd of September 2020, he had been released by the Court of Cassation, which postponed the execution of his sentence due to the deterioration of his health as a result of his long hunger strike (213 days) demanding the right to a fair trial. The other lawyer who went on hunger strike with him, Ebru Timtik, died from her prolonged fast.  

Recently, on the 23rd of November, police raided the house where Aytaç Ünsal was being treated. The raid put him on high risk of infection due to the Covid-19 pandemic and the collapse of his already weak immune system. Furthermore, Aytaç Ünsal’s colleagues, who were present in the house during the police raid, were also detained and their belongings plundered.

Aytaç Ünsal, in very fragile health conditions as a result of the hunger strike, was tortured by the political police when he was taken into custody in Edirne. Our colleague was taken off the vehicle and laid on the ground, stepped on, and his head hit the asphalt ground. Due to this fall, Aytaç Ünsal’s face and various parts of his body were injured.

AED/EDL calls on the Turkish authorities to restore the rule of law and stop the practice of targeting lawyers. By aggressing the Defence, personified in this case by Aytaç Ünsal, Turkish authorities are in fact attacking the rule of law and human rights in Turkey.

It must be highlighted that Aytaç Ünsal has been attacked in his role as a human rights defender and we therefore call on the Turkish authorities to let him, as well as all other lawyers, to work freely and safely.

The international community is alarmed by the way Turkish judiciary displays, especially in terrorism-related cases, unprecedented levels of disregard for even the most basic principles of law, such as presumption of innocence, the necessity of a crime to justify a punishment, the non-retroactivity of crimes and the principle of non bis in idem (that is, not being judged for the same facts twice, as is the case in two ÇHD trials). At the same time, procedural guarantees such as adversarial proceedings, equality of arms and the right to a lawyer, are clearly and permanently eroded in these trials against lawyers.

Therefore, we call on the Turkish authorities to guarantee the independence of lawyers, and to protect procedural fair-trial guarantees. Furthermore, we raise concerns about recent developments jeopardising the effectiveness of the defense of human rights in Turkey. We stress the importance of civil society organisations and human rights defenders in a democratic society, as a vital and fundamental body for the defence of fundamental rights.

Finally, AED/EDL would like to draw attention to the worrying information we have received concerning the arrest and detention of human rights lawyers working for the non-governmental organization People’s Law Office (HALKIN HUKUK BÜROSU) under accusations of membership in a terrorist organization.

According to the information received:

We express grave concern regarding the allegations of arrest and prosecution under accusation of membership in a terrorist organization of the above-mentioned lawyers of the People’s Law Office. Moreover, serious concern is expressed at the mounting number of human rights defenders and lawyers under investigation for alleged links to terrorist organizations in Turkey, which seems to evidence a pattern of using this type of offence to target individuals and organizations legitimately expressing dissent with the policies of the current Turkish Government.

We declare the detention of this Human Rights defendants arbitrary, and we demand the Turkish Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to ensure fair proceedings before an independent and impartial court, in accordance with articles 9, 10 and 14 of the International Covenant on Civil and Political Rights (ICCPR), ratified by Turkey on 23 September 2003.

We would also like to draw attention to the Basic Principles on the Role of Lawyers, which stipulate that governments have the duty to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference, and that lawyers shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Principle 16).

We would lastly like to highlight the fundamental principles set forth in articles 1 and 2 of the UN Declaration on Human Rights Defenders, which provide for the right to promote and to strive for the protection and realization of human rights and fundamental freedoms.

In view of the urgency of the matter, we urge the Turkish authorities to safeguard the rights and life of lawyer Aytaç Ünsal, in compliance with international instruments and to free him immediately.

We urge the Turkish authorities to provide clear information on the measures adopted to respect the fundamental rights and life of Aytaç Ünsal.

Founded in 1987, the Association of European Democratic Lawyers (AED) is a confederation of trade unions and lawyers’ organizations with the same democratic, modern and humane ideals in Europe. The AED intends to defend the rights of citizens by preserving the independence of lawyers with regard to any political, social, economic or ordinal power. As a professional organization, its international purpose is to ensure respect for the rights of the defense and, in particular, to safeguard the physical integrity and political and economic freedom of lawyers. The association also works to ensure that all individuals have access to national and international judicial appeals, particularly those who are in the most precarious situations and whose basic rights are not recognized or poorly recognized.

MEMBER ASSOCIATIONS:

– Syndicat des Avocats de France (S.A.F.- France)

– Republikanischer Anwältinnen und Anwälteverein (RAV – Germany)

– Associació Catalana per a la Defensa dels Drets Humans (A.C.D.D.H- Catalonia)

– De Vereniging Sociale Advokatuur Nederland (VSAN – Holland)

– Syndicat des Avocats pour la Démocratie (S.A D. – Belgium)

– Asociación Libre de Abogados y Abogadas (ALA – Madrid)

– Legal Team Italia (L.T.I. – Italy)

– Çağdaş Hukukçular Derneği (ÇHD – Turkey)

– ΕΝΩΣΗ ΔΙΚΗΓΟΡΩΝ ΓΙΑ ΤΗΝ ΥΠΕΡΑΣΠΙΣΗ ΤΩΝ ΘΕΜΕΛΙΩΔΩΝ ΔΙΚΑΙΩΜΑΤΩΝ (Greece)

– Komaleye Hıquqnasên ji bo azadiyê (ÖHD – Kurdish)

http://www.aeud.org

https://www.facebook.com/aed.edl1987/

twitter: @AED_EDL

telegram: https://t.me/AED_EDL

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CRIMINALIZATION OF JURISTS FOR THEIR PUBLIC DENUNCIATION OF TORTURE AND MISTREATMENT

The AED-EDL has been informed of the trial against Lorena Ruiz-Huerta, which has taken place on the 10th of February 2020. Lorena Ruiz-Huerta is accused of slander for statements she made on television in 2014, when she was a practicing lawyer and member of ALA, in which she stated that during her professional work as a legal aid lawyer she was aware of the usual praxis of wrongful acts against the rights of detainees by police corps. The lawyer was denounced and accused of the crime of slander by the Unified Police Union, the Union of the Guardia Civil and the Federal Union of Police, as well as by the Public Prosecutor’s Office.

Further, the AED-EDL has also learnt about the complaint of three prison-agents’ trade-unions in Catalonia against Iñaki Rivera, Director of the Observatory of the Criminal System and Human Rights (OSPDH), and the SIRECOVI project of the University of Barcelona, professor of law and researcher, for having stated in a television program that in the prisons of Catalonia there was torture, ill-treatment and abuse. This jurist who defends human rights has deserved the support of the International Federation of Human Rights (FIDH) and the World Organisation Against Torture (OMCT) in a joint statement on the 21st of December 2018. In their statement, they warned that the misuse of criminal law against statements and messages protected by freedom of expression and information had an inhibiting effect. On the 16th of September 2019 the World Organisation Against Torture (OMCT) issued a new urgent appeal.

The AED-EDL supports both professionals and denounces the criminalization of lawyers and jurists in the exercise of their profession and in their action to denounce the violation of human rights and fundamental freedoms, including the practice of torture and ill-treatment by public officials. The critical disclosure of these practices is part of the commitment of the legal profession to the promotion of human rights and fundamental freedoms and is protected by the freedom of expression and information, thus helping to inform the public and the public debate on the functioning of State institutions, according to point 23 of the Basic Principles on the Role of Lawyers (8th UN Congress on the Prevention of Crime and the Treatment of Offenders – Havana, 27 August to 7 September 1990) and as proclaimed, among others, by the Grand Chamber of the European Court of Human Rights in the case of Morice v. France.

Barcelona, on the 15th of February 2020

 

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LA CRIMINALIZACION DE LOS JURISTAS POR SU LABOR DE DENUNCIA DE LAS TORTURAS Y MALOS TRATOS

La AED ha tenido conocimiento que el día 10/2/2020 tuvo lugar el juicio por delito de calumnias contra Lorena Ruiz- Huerta por unas declaraciones en televisión en el 2014, fecha en que era abogada en ejercicio y miembro de ALA, en las que manifestó que en el ejercicio de su profesión como letrada del Turno de Oficio había tenido conocimiento de la práctica habitual de actuaciones lesivas contra los derechos de las personas detenidas por parte de los cuerpos policiales. La abogada fue denunciada y acusada por el delito de calumnias, por parte del Sindicato Unificado de Policía, la Unión de Guardias Civiles y la Unión Federal de Policía, así como de la Fiscalía.

Por otro lado, la AED también ha tenido conocimiento de la denuncia de tres sindicatos de funcionarios de prisiones de Catalunya contra Iñaki Rivera, Director del Observatori del Sistema Penal i dels Drets Humans (OSPDH), y del proyecto SIRECOVI de la Universidad de Barcelona, profesor de Derecho e investigador, por haber manifestado en un programa televisivo que en las prisiones de Cataluña existía la práctica de la tortura, los malos tratos y las vejaciones. La criminalización de este jurista defensor de los derechos humanos, mereció el apoyo de la Federación Internacional de Derechos Humanos (FIDH) y de la Organización Mundial Contra la Tortura (OMCT) en un pronunciamiento conjunto de 21/12/2018. En él, alertaron del efecto inhibitorio del uso indebido del derecho penal contra las declaraciones y los mensajes protegidos por la libertad de expresión e información. El 16/9/2019 la Organización Mundial de la Tortura (OMCT) realizó un nuevo llamado urgente.

La AED muestra su apoyo a ambos profesionales y denuncia la criminalización de los abogados y de los juristas en el ejercicio de su profesión y de su acción de denuncia sobre la vulneración de derechos humanos y libertades fundamentales, incluida la práctica de la tortura y de los malos tratos por parte de funcionarios públicos. La divulgación crítica de estas prácticas forma parte del compromiso de la abogacía con la promoción de los derechos humanos y las libertades fundamentales y está amparada por la libertad de expresión y de información, colaborando a informar la ciudadanía y al debate público sobre el funcionamiento de las instituciones del Estado, según el punto 23 de los Principios Básicos sobre la Función de los Abogados (VIII Congreso de NNUU sobre Prevención del Delito y Tratamiento del Delincuente –La Habana, 27 de agosto a 7 de septiembre de 1990-) y como proclama, entre otras, la STEDH de la Gran Cámara en el caso Morice contra Francia.

Barcelona a 15 de febrero de 2020

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

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

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

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

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

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

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

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

It appears inacceptable that:

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

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

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

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

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

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

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

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

Colmar, 15th September 2018,

AED (Avocats Européens Démocrates / European Democratic Lawyers)

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

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

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

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

 

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

 

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

 

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

9th November 2017.

 

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

 

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

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

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

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

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

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

 

 

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KEEP YOUR HANDS OFF TURKISH LAWYERS!

Since mid-September, these lawyers are detained in Ankara, Istanbul and Diyarbakır.

 

The number of lawyers prosecuted in Turkey is 1343 after this last wave of raids against lawyers. 524 of them have been arrested since the staged coup attempt in July 2016.

 

There are lawyers from France, Germany, the Netherlands, Catalonia, Belgium, Spain, Greece, Italy and Turkey who share the same democratic, modern and humane ideals in Europe.

 

We are convinced that our colleagues are only exposed to state repression because of their professional activities.

We will not stop until we know they are safe. We demand the release of the lawyers who have been imprisoned!

 

European Democratic Lawyers (AED-EDL)

 

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New Protests in front of Turkish Consulates in Europe

We are demonstrating today in front of the Turkish Consulate in Hamburg, The Hague, Brussels and Milan to protest the recent
arrest of 16 of our colleagues from Turkey. Since mid-September, they are detained in Ankara, Istanbul and Diyarbakır.

We are especially concerned about the situation of lawyers Barkın Timtik, Engin Gökoglu and Özgür Yılmaz. We fear that they are (again) suffering torture. These lawyers are members of the “People’s Law Office” (“People’s Law Office”) and have represented two opposers of the regime who are currently in hunger strike after being released from their teaching activities.

We are convinced that our colleagues are only exposed to state repression because of their professional activities.

The number of lawyers prosecuted in Turkey is 1343 after this last wave of raids against lawyers. 524 of them have been arrested since the staged coup attempt in July 2016.

Our protest is not just taking place here in Hamburg.

These demonstration has emerged as a common   initiative of the umbrella organization for European Democratic Lawyers (EDL).

There are lawyers from France, Germany, the Netherlands, Catalonia, Belgium, Spain, Greece, Italy and Turkey who share the same democratic, modern and humane ideals in Europe.  As a professional organization, as an international organization, it pursues the international purpose of respecting the rights of the defense in particular, the physical integrity and the political and economic freedom of lawyers.

In September, rallies were held in Berlin, Madrid, Paris, Amsterdam, Barcelona, Brussels. Even today, many other cities are to be demonstrated before Turkish interests.

We will not give peace and our colleagues will not be left in the lurch. We demand the release of the lawyers who have been imprisoned!

 

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Western Sahara / Sahara Occidental

FRENCH:

Réunie le 10 juin 2017 à Amsterdam, l’ AED marque sa solidarité avec nos consoeurs Ingrid METTON et Olfa OULED, avocates au Barreau de Paris qui ont été victime d’une expulsion violente de la salle d’audience du Tribunal de Rabat.

Igrid METTON et Olfa OULED participaient le 16 mai 2017 à la défense de membres de la communauté sahraouie, accusés par les pouvoirs Marocains de participation au camp de protestation de Gdeim Izik, sur la base d’aveux signés sous la torture. Plusieurs d’entre eux ont d’ailleurs déposé plainte pour actes de torture et de barbarie et obtenu la condamnation de Maroc par le Comité contre la torture des Nations unies le 16 décembre 2016.

Tous les accusés ayant décidé de renoncer à se défendre, leurs avocats se sont retirés officiellement du procès après avoir adressé quelques mots à la Cour. Cette prise de parole a pourtant été refusée par la Cour aux deux avocates françaises.

C’est dans ce contexte que les services de sécurité les ont expulsées manu militari, occasionnant un préjudice d’1 jour d’incapacité totale de travail à Maître METTON et de 5 jours à Maître OULED, constatés par les unités médico-judiciaires. Ces dernières ont déposé plainte dès leur retour en France.

 

L’association des avocats Européens démocrates :

  • S’associe aux protestations du Bâtonnier de Paris, de l’Observatoire international des Avocats en danger et condamne toute violence faite à l’égard des avocats dans l’exercice de leur fonction ;
  • Rappelle que l’avocat  doit pouvoir en toutes circonstances assurer librement la défense de ses clients sans être inquiété ou exposé à des actes de violences ou de répression intimidante ; il appartient aux pouvoirs publics de garantir leur sécurité pour permettre l’exercice plein de leur fonction.

L’ AED appelle toutes les associations d’avocats, tous les Barreaux à exprimer leur indignation et leur solidarité à l’égard de nos consoeurs.

Amsterdam, 10 Juin 2017

sahrawis2

ENGLISH:

Meeting in Amsterdam on the 10th of June 2017, the AED wants to show its solidarity with our colleagues Ingrid METTON and Olfa OULED, lawyers of the Bar of Paris, who have been victims of a violent expulsion from the courtroom of the Court in Rabat.

On the 16th of May 2017, Ingrid METTON and Olfa OULED participated in the defense of members of the Saharawi community who are accused by the Moroccan authorities of participating in the Gdeim Izik protest camp on the basis of confessions signed under torture. Several of them filed a complaint for torture and acts of barbarism. They obtained the condemnation of Morocco by the Committee against Torture of the United Nations on the 16th of December 2016.

All the defendants have decided not to defend themselves and their lawyers have officially withdrawn from the trial after addressing a few words to the Court. However, the Court refused to listen to the two French lawyers.

It is in this context that the security services expelled them manu militari, causing a prejudice of 1 day of total incapacity for work to Master METTON and 5 days to Maître OULED, as noted by the medical-legal units. The latter lodged a complaint upon their return to France.

 

The Association of European Democratic Lawyers:

  • Endorses the protests of the President of the bar association of Paris, the International Observatory for Lawyers in Danger and condemns all violence against lawyers in the performance of their duties;
  • Recalls that the lawyer must be able in all circumstances to freely defend his clients without being disturbed or exposed to acts of violence, intimidation and repression; It is up to the public authorities to ensure their safety to enable them to exercise their function.

 

The AED calls on all bar associations to express their indignation and solidarity with our colleagues.

 

Amsterdam, 10th of July 2017

 

 

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Another lawyer under threat in Turkey

To: ANTALYA CHIEF PUBLIC PROSECUTOR’S OFFICE

(ANTALYA CUMHURİYET BAŞSAVCILIĞI’NA)

2016/69739 No.

Fax Number: + 90 242 237 11 11 (Turkey)

 

Créteil, Barcelona and Amsterdam, October 24, 2016.

European Democratic Lawyers (AED-EDL) are very concerned about the news that the former director member of ÇHD Antalya – Çağdaş Hukukçular -Progressive Lawyers Association, the advocate Özden SALDIRAN was arrested 9 days ago, on the 15th of October. His home and office were searched. She’s still in police station and has not yet been sent to the courthouse.

Ms. Özden SALDIRAN is suffering from diabetes and high blood pressure. Without medical care the police custody may endanger her health.

It is clear that Özden Saldıran has no connection with FETÖ. The arrest of lawyer Özden SALDIRAN is another case against lawyers simply because they perform their professional duties. This arrest is part of a pattern of prosecutions for alleged terrorist offenses that the Turkish government brings against its citizens, including journalists, trade unionists, human rights activists, parliamentarians, academics and students who are committed to a peaceful resolution of the Kurdish issue and freedom of expression.

Since the government started operations giving as their reason the fight against the called Fethullahist Terrorist Organization (FETÖ), it is clear that they are using this as a pretext for oppression of organisations and individuals who have definitely no connection with FETÖ.

ÇHD is our partner in the struggle for the defence of Humans Rights. Since 1974, it has campaigned for respect and defence of human rights and the defence of oppressed peoples in Turkey. This is not the first case of government attacks against the dissidents. The trial of 22 other senior members of ÇHD has been underway since 2013. .

AED-EDL strongly condemns the arrest and detention of lawyer Özden SALDIRAN and demands her immediate release and the end of all unjustified persecution. AED-EDL demands furthermore that the Turkish government respects the professional work and role of lawyers, and complies in particular with Article 9 of the International Covenant on Civil and Political Rights as well as Article 16 and 18 of the UN Basic Principles on the Role of Lawyers.

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Statement regarding the attack on the lawyer Günay Dag

The member of the Istanbul branch of ÇHD, lawyer Günay Dag, was subjected to torture a few days ago by guards of Maltepe juvenile’s prison acting under the orders of the prison governor while visiting one of his clients. His head was rammed against the wall and on the ground and as a result his fingers and head were injured. Afterwards he was dragged out of the prison on the floor.

It is worth remembering that Lawyer Günay Dag had gone to the prison to investigate the alleged torture of child detainees.

Obviously, even if there is a state of emergency (Decree having force of Law concerning the emergency measures – Decree Decision Number: KHK /667) the individuals’ rights must be inviolable (As amended on May 7, 2004; act 5170: Even under these circumstances the individual’s right to life, the integrity of his/her physical and mental existence shall be inviolable….) and the Article 17 of the Turkish Constitution says:

……No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.

It is evident that if lawyers cannot do their jobs in Turkey, it means that more children and more young people will be arrested because of their speech and thoughts and many people will be faced with torture. So this is not just a fight for the lawyers’ rights but is a fight for democracy and freedom, as defined by the case law of the ECHR. Nowadays we are facing a long-running attempt by the Turkish government to stifle human rights activism.

Our organisations work on the base of The Basic Principles on the Role of Lawyers which have been adopted by the 8th congress of the United Nations in Havana (Cuba) between 27 August and 7 September 1990, which principles contain the following:

Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,

The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.

And establish the following guarantees:

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

Likewise the Recommendation (Council of Europe) No. R(2000)21 of the Committee of Ministers to member States on the freedom of exercise of the profession of lawyer sets the minimums of protection that are not being followed by the Turkish State.

As jurists we cannot accept this harassment of our colleague. Sadly, there is a long tradition of attacking the defence in Turkey. We must prevent the development of intimidation against lawyers and humans rights defenders.

This is why, in this situation the AED-EDL, the ELDH and the Foundation of the Day of the Endangered Lawyer condemn the actions against the civil and political rights of its citizens and lawyers occurring in Turkey by way of the use of state powers. And so:

I.- We call on our colleagues, friends, democrats, the chairman of the Turkish Union of Bar Associations and all chairmen and board members of the Bar Associations throughout Turkey to show solidarity with the lawyer Günay Dag.

II.- We demand that the governor and the prison guards must be investigated concerning these facts and prosecuted if necessary.

III.- We call upon the Turkish government to stop these practices against human rights defenders and lawyers.

IV.- Finally, we invite the Union of Bar Associations of Turkey to break its silence regarding the increasing attacks on lawyers and we invite the Istanbul Bar Association to support its member.

Harlem, Créteil, London, 16th October 2016.

 

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