Observation mission on the Human Right’s
situation of the Turkish lawyers members of the a ÇHD and the People’s Law
Office
Istanbul, 15th to 20th of September
Asociación libre de Abogadas y abogados (ALA)
Report on the Situation
From the 15th to the 20th of September in Istanbul,
three ALA lawyers took part in a fact-finding mission to observe the human
rights situation of imprisoned Turkish lawyers accused of, among other crimes,
terrorism, some of who have been in pre-trial detention for more than five
years. These lawyers belong to various progressive lawyers’ associations such
as ÇHD, OHD or the People’s Law Office.
The mission consisted of about fifty lawyers from different European associations and collegial institutions. The ALA lawyers are also representatives of AED (European Democratic Lawyers) of which ALA is a member and which is currently co-chaired by a member of our association.
Press release issued by the legal Fact Finding Mission of AED-EDL, taking place in Istanbul from the 15th September to the 20th September, to monitor and observe current mass trials against lawyers in Turkey.
Lawyers from AED–EDL have
participated in the Fact Finding Mission in Istanbul
from the 15th to the 20th September 2021 together with other represented
international organizations, Bar Associations and the CCBE. The aim of the
mission has been to monitor and observe mass trials against lawyers in Turkey. The
Fact Finding Mission participants observed two hearings of the trial against Selçuk
Kozağaçlı’s, Barkın Timtik’s and Oya Aslan, they have visited lawyers detained
in Edirne, Kandıra and Silivri maximum security prisons, and have held meetings
with the president of the Istanbul Bar Association, members of the defense and
other lawyers in Turkey.
Currently, several trials against members of the lawyers’
organization Çağdaş Hukukçular Derneği (ÇHD), member of AED – EDL, are taking
place, in which 28 criminal defense lawyers are accused of being members of a
terrorist group, in violation of the UN
Basic Principles on the Role of Lawyers. Some of the defendants have
already been convicted and sentenced to heavy prison terms, others are still in
pretrial detention.
AED criticizes
the fact that our colleagues are convicted or face charges stemming from the
performance of their professional activities. Lawyers cannot be identified with
their clients’ causes.
AED condemns the fact that the charges used by the prosecution and
the court stem from the extra-professional and private life of lawyers. Being a
member of a lawyers’ association or a law firm composed by lawyers assuring the
defense of political prisoners, social movements, participating in protests or
funerals of clients and colleagues, addressing an international support (…) are
used as presumed evidence of the participation in terrorist activities by the
prosecution.
AED reaffirms that those non-criminal activities are protected by
the rights of freedom of expression and association of lawyers.
The members of the AED-EDL mission have clearly witnessed the fact
that the defense did not have access to the original documents used by the
prosecutor as evidence and was denied the right to interrogate the secret
witnesses. The use of this evidence is void as it constitutes a clear violation
of the equality of arms, adversarial proceedings and the principle of
contradiction, which are guaranteed by article
6 of the European Convention on Human Rights.
The refusal of the prosecution to produce the original documents is
to be assimilated to a lack of proof and is enough for the immediate release of
all lawyers and the waiver of charges.
AED considers that the Turkish authorities are using the judicial power instrumentally to attack the lawyers and restrain their professional freedom.
Istanbul, 20th of September 2021
Communiqué de presse de la mission d’observations de l’AED-EDL, qui a eu lieu à Istanbul du 15 au 20 septembre, afin d’observer les procès de masse en cours contre les avocats en Turquie.
Des avocats de l’AED-EDL
ont participé à la mission d’enquête à Istanbul du 15 au 20 septembre 2021 avec
des organisations internationales représentatives de la profession d’avocat,
des barreaux et le CCBE. L’objectif de la mission était de suivre et d’observer
les procès de masse contre des avocats en Turquie. Les participants à la
mission d’observation ont assisté à deux audiences du procès contre Selçuk
Kozağaçlı, Barkın Timtik et Oya Aslan. Ils ont rendu visite à des avocats
détenus dans les prisons de haute sécurité d’Edirne, Kandıra et Silivri, et ont
rencontré le président du Barreau d’Istanbul, des avocats de la défense ainsi
que d’autres avocats turcs.
Actuellement, plusieurs procès contre des membres
de l’organisation d’avocats Çağdaş Hukukçular Derneği (ÇHD), membre de l’AED –
EDL ont lieu avec 28 avocats de la défense accusés d’être membres d’un groupe
terroriste, en violation des Principes de
base des Nations unies relatifs au rôle des avocats. Certains des accusés
ont déjà été reconnus coupables et condamnés à de lourdes peines de prison,
d’autres sont toujours en détention provisoire.
L’AED dénonce le fait que nos confrères soient
condamnés ou fassent l’objet de poursuites en raison de leur exercice
professionnel. Les avocats ne peuvent pas être assimilés à leurs clients et aux
causes qu’ils défendent.
L’AED condamne le fait que le ministère public et
le tribunal utilisent la vie extra-professionnelle et privée des avocats comme
des éléments à charges. Le fait d’être membre d’une association d’avocats ou
d’un cabinet composé d’avocats assurant la défense de prisonniers politiques et
des mouvements sociaux, de participer à des manifestations ou d’assister aux funérailles
de clients et de confrères, de signer un appel à un soutien international… ne
peuvent être utilisés comme des éléments de preuve d’une participation présumée
à des activités terroristes.
L’AED réaffirme le fait que ces activités dépourvues
de tout caractère délictuel et criminel sont protégées par le droit à la
liberté d’expression et d’association des avocats.
Les membres de la mission AED-EDL ont été témoins
du fait que la défense n’a pas eu accès aux documents originaux de la procédure
dont les copies sont la base des poursuites par le procureur et ont pu
constater l’impossibilité de la défense d’interroger les témoins anonymes.
L’utilisation de ces preuves entache de nullité la procédure car elle constitue
une violation manifeste de l’égalité des armes, du principe du contradictoire
et des droits de la défense garantis par l’article
6 de la Convention européenne de sauvegarde des droits de l’homme et des libertés
fondamentales.
Le refus par les autorités de poursuite de
produire les documents originaux doit être assimilé à une absence de preuve et doit
conduire à la libération immédiate de tous les avocats ainsi qu’à l’abandon des
charges à l’encontre de nos confrères.
L’AED considère que les autorités turques instrumentalisent
le pouvoir judiciaire pour s’attaquer à la profession d’avocat et restreindre la
liberté professionnelle des avocats.
The right to a fair trial has long been recognised by the international community as a fundamental human right. Without a fair trial every individual risks becoming the victim of a miscarriage of justice. Either as an innocent suspect wrongly convicted, or as a victim unable to secure justice for a wrong perpetrated against them.
Ebru Timtik was one of 18 lawyers in Turkey who were members of the Progressive Lawyers Association, some of which were working at the People’s Law Office, made subject to a prosecution in the Istanbul 37th Assize Court under Articles 314 and 220 of the Turkish Penal Code for terrorist offences. She and her colleagues were convicted on 20 March 2019 after a trial during which basic procedural safeguards and internationally recognised fair trial principles were ignored. Her conviction was based on the testimony of anonymous witnesses, many of which gave inconsistent testimony in relation to alleged facts and time periods. Documents allegedly obtained from government authorities in Belgium and Holland were never authenticated but they were nevertheless used as grounds for convictions without her lawyers having access to them. The originals of digital documents which were allegedly seized in a musical centre were also not made available to the defence lawyers. They could not see, analyse or challenge these documents which were never shown to have existed. Lawyers acting in her defence were frequently prevented from participating in the proceedings and in some circumstances were excluded.
The defects in the trial process led Ebru Timtik together with one of her colleagues, Aytaç Ünsal, to commence a “death fast” following a hunger strike which began on 5 April 2020, the Turkish “Day of the Lawyer”. Sadly, on 27 August 2020 Ebru Timtik died whilst continuing to protest both her innocence of the charges on which she had been convicted, and the lack of respect for fundamental fair trial principles in the criminal justice system which had prejudiced both her and her colleagues, and many thousands of other individuals in Turkey.
In recognition of her sacrifice, and in order to focus attention on the plight of those in countries around the globe who are facing prosecution in circumstances where fair trial principles are not being observed or respected, a number of international bar associations and lawyers organisations have come together to arrange an annual “International Fair Trial Day” which will be observed every year on 14 June.
Steps are also being undertaken to introduce a new annual Ebru Timtik Award to recognise an individual or an organisation who has or which has made an exceptional contribution towards securing fair trial rights in the country on which the International Fair Trial Day is focusing for the year in question. Each year a conference will be held, either online or at a physical location in a country chosen because of the level of concern with regard to the lack of respect for fair trial rights in that jurisdiction at that time. There will also be events in the countries across the word on each International Fair Trial Day to raise awareness of the situation in the focus country. The steering group consisting of Council of Bars and Law Societies of Europe (CCBE), European Association of Lawyers for Democracy and World Human Rights (ELDH), European Bars Federation (FBE), European Democratic Lawyers (EDL-AED), French National Bar Council (CNB), International Association of Democratic Lawyers (IADL), International Association of Lawyers (UIA), International Bar Association’s Human Rights Institute (IBAHRI), Italian National Bar Council (CNF), Law Society of England and Wales, Lawyers for Lawyers (L4L), Ayşe Bingöl Demir and Serife Ceren Uysal agreed that the first conference will be held as a virtual event on 14 June 2021 and will focus on fair trial rights in Turkey.
LAWYERS’ ASSOCIATIONS DEMAND THE IMMEDIATE RELEASE OF
TURKISH LAWYER OYA ASLAN
We, the undersigned international lawyers’ associations, have for many years condemned the
criminal prosecutions and investigations targeted against lawyers in Turkey and
internationally for performing the duties of their profession and representing people opposed
or 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 and half 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 affirmed the unlawful convictions for fifteen of the accused lawyers. We have already published a detailed report on this ongoing prosecution and in this report we underlined that there are significant and unacceptable violations of the European Convention. Our report can be accessed via: http://www.aeud.org/2020/06/fact-finding-mission-on-chd-trials-in-turkey/
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 day of her hunger
strike. On the other hand, Aytac Ünsal, who was conditionally released by the Supreme Court
due to his critical health condition, was arrested once again while his medical treatment was
still going on. His mother, Nermin Ünsal – who is a former judge and a lawyer – reported that
he is not able to access his medicines or consult with his doctors. Together with the threat
posed by the covid-19 epidemic, his health is under a serious risk.
Oya Aslan is one of the defendants in this very same case. She is a member of Progressive
Lawyers Association and worked in the Peoples` Law Office. She was arrested on December
27, 2019. She was subjected to torture during her detention and this appalling and outrageous
situation was observed and reported upon by the international trial observers. The trial
observers also reported that she demanded the court to make a complaint about the torture,
however the court rejected her demand and did not take any action.
It is obvious that 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. The principles further 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 obstacles to the professional activity of lawyers and they
should prevent any kind of harassment or unlawful interference against lawyers. However, in
Turkey the harassment of the legal profession has become the policy of the government itself.
We demand once again from your respected court to live up to its obligations under the law.
We also demand the immediate release of Oya Aslan and all the other detained lawyers.
Turkey must stop harassing lawyers and bar associations who are on the front lines of
providing the right to defense. The hearing that is scheduled to be held on 12.01.2021 should
open the window to reverse the ongoing unlawful implementation of the law. Your respected
court has the chance to take a step forward for the rule of law, fair trial rights and the
protection of lawyers. It is apparent that such a decision will be remembered as a natural, yet
courageous, act of the court.
International Association of Democratic Lawyers (IADL)
Avocat.e.s Européen.nes Démocrates / European Democratic Lawyers (AED / EDL)
European Association of Lawyers for Democracy & World Human Rights (ELDH)
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)
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.
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
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)
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!
Madrid, demonstration for Ebru Timtik
