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The Day of the Endangered Lawyer 2019

The Day of the Endangered Lawyer was dedicated this year to Turkey, where the situation is extremely grave. Turkey is the weakest link of European democracy, if it can still be called a democracy, when lawyers are imprisoned.

 

 

Berlin

 

 

 

 

All over Europe, practicing lawyers mobilized to show solidarity with their colleagues and concern for their situation in front of the embassies. The same letter was handed out to the officials in the embassy

Madrid

 

 

 

 

 

 

 

 

There was a minute of silence in Italian courtrooms, while in Athens our colleagues organized a conference on the issue of justice in Turkey, where Turkish judges in exile denounced the situation.

 

In Berlin, lawyers from RAV and VDJ, together with the Bar Associations of Berlin and Hamburg and  the Association of Criminal Defenders Berlin, had rallies in front of the Turkish Embassy in Berlin with about 35 participants and also there was another meeting  in front of the Turkish Consulate in Hamburg.

                                                             

 

Brussels

 

 

 

 

In different Turkish countries, the day of the Endangered Lawyer was followed with a conference in Ankara, a rally in Istanbul and initiatives in Izmir.

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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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Turkey’s State of Emergency

Our colleague Ceren Uysal participated recently in a press conference in Vienna dealing with the current situation in Turkey. We publish here her contribution.

 

First of all I would like to thank you for the opportunity to describe my point of view on what has been going on in Turkey recently. It means a lot to me to talk about the recent situation as a lawyer and I also accept this as a responsibility.

I would like to start with a general statement: Currently there is no judiciary in Turkey. The institutions in justice system are not working independently and impartially of the demands and priorities of the political power because today more than 2000 judges and prosecutors and around 300 lawyers are still in jail and it directly means that the so called free actors of the legal area are mentally arrested. Even the numbers are still not certain but it’s claimed that in total, more than 200.000 people are in jail.

I would like to briefly describe the current situation of the rule of law 3000 judges and public prosecutors were suspended even before 24 hours had passed after the military coup attempt. It shows that the judges and public prosecutors were blacklisted according to their political opinions and that these lists were already prepared before the coup attempt.

Before the state of emergency, there were no restrictions to the access of lawyers. But in the first 6 months of the state of emergency, the right to access to a lawyer was restricted during the first 5 days of the detention. Now this restriction was removed through a new governmenal decree; however it did not solve the problem because again with a governmental decree, the government had already changed the Criminal Procedure Law and right now, there is an article which restricts the right to access to a lawyer for the first 24 hours.

Also, the interviews between the lawyers and the suspects under detention in jail are recorded. The Decree also gives the prison guards the power to participate at the interview and seize the documents if they think it is necessary.

The right to information about the charges is an important issue these days which, of course, is one of the most important elements of the right of defence. For instance, many judges and prosecutors who are still in jail, defended themselves against the accusation of being a member of Gülen organization but they were arrested with the accusation of threatening to overthrow the constitutional order.

The other subject to be underlined is the presumption of innocence. We are witnessing how the judicial and administrative practices are combined through governmental decrees. As a result it is easy to claim that right now this princible is not valid for at least half of the society. Hundreds of thousands of puclic officers were dismissed with a justification of having a relation with terorist organizations. It is obvious that in a state of law, such a dismission practice definitely needs a judicial sentence. However today, hundreds of thousands of people are facing the results of a judgement without a judicial

process. So, since the state of emergency,the presemption of innocence has been violated more than ever.

In my point of view, in this whole picture the attorney immunity has to be underlined because it is impossible to imagine the existence of the right of defence, when there is no attorney immunity. The repression against lawyers – unfortunately – has a history in Turkey. But it was never like today. Right now, hundreds of lawyers are in prison. When the repression of the past and today’s circumstances are combined, the result turns out to be a disaster for the right of defence. Many victims of the state of emergency, especially who are accused to be a member of Gülen organization, could not find a lawyer because lawyers are afraid to represent them.

Finally, the independance of the judiciary must be accepted as the main subject. As a lawyer, personally I do not remember any period in Turkey when the judiciary was completely independent. On the contrary, for some types of crimes or defendents, the judiciary was only a mechanism that worked for the benefits of the State. However, it is possible to claim that nowadays, there has been a fundemantal change. The arrest of 3000 judges and prosecutors also means that all the judicial mechanisms are working with the threat of arrestment today. In the sense of this reality, it is obvious that the defence of a suspect or the evidences in a file are less important than the benefits and desires of the State‘s power.

Briefly, Turkey never was a rose garden. But the lack of trust in the judicary had never reached this dimension. There was no right of defence for the opponents before the state of emergency. But after the state of emergency, not only for the part of the society who reacts against the reorganization of the state, but also for people who just have concerns, there is not a bit of chance to use the right of defence. Today, in Turkey’s courthouses or prisons there is no bit of justice, not even the hope of justice. We just have stories, explaining us how peoples lifes were ruined under this completly under- control situation. We hope that one day these stories will be told everywhere and will help all of us to remember the importance of the rule of law, like bread, water and air.

I would like to finish my words with one of my beloved colleagues; Selçuk Kozağaçlı. He is still the president of Progressive Lawyers Association and he has been practicing law for nearly 20 years. He is in jail since November 2017 with 20 more members of Progressive Lawyers Association.

He sent this letter to us:

“I spent 60 days in a one-person cell, under a full isolation. On the 60th day of my imprisonment, the guards came and told me that “my demand of participating in “collective events” was accepted”. Wow! Now I have the right to go out of my cell every week once for 2 hours. I asked them the names of the prisoners that I could finally meet. And the answer was extra-ordinary: “For now, you will go out

from your cell but you will be alone!” So, I rejected.
One day after this occasion, my lawyers visited me. And next to our room, there was another

prisoner, Deniz. He called me and told that I should accept to go out from my cell, even I would be alone. He said that he is doing this – alone –for more than 2 months and he shouted at me and said that I need to see the sky at least 2 hours in a week. Deniz is in a cell – alone – for one year already.

We do not have a judiciary in Turkey right now. What we have is just a group of public officers who are following the orders of the government. They are full of fear, because they know that whenever they make a decision which tries to focus on the fundemental human rights, – not a perfect one but for instance one verdict which is better than the avarage of the rest – they know that they will be a prisoner too. Or at least another judge, prosecutor or even the government will announce that they do not accept the verdict and not respect it. Like the last occasion about the Constitutional Court’s verdict…

I should underline that I am not calling myself as a prisoner. When there is no judiciary, the people who are in jail can not be accepted as prisoners. We are just the hostages of this AKP regime. We were imprisoned under force by the power. This is all. As one of our beloved judges said, all these court decisions will only be valid through this government’s life-period.

They are now forcing us to wear one single uniform and also try to defeat us with this pure isolation. But we are resisting with all our power and will.

I send my best wishes to all of you with hope and with the strong belief in our solidarity. Please don’t worry and just remember, we are resisting this arbitrariness.”

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Lettre au Président de la République

Bruxelles, Paris, Barcelone, le 4 janvier 2018

 

Monsieur le Président de la République,

Demain vous allez recevoir RECEP ERDOGAN, Président de la Turquie.

Quelques soient les enjeux diplomatiques ou autres existant entre nos pays, vous ne pouvez ignorer la situation de non-droit dans laquelle se trouvent aujourd’hui des avocats, des magistrats, des parlementaires, des journalistes, des syndicalistes… Au nom de la lutte contre le terrorisme et ce depuis le coup d’état manqué du 15 juillet 2016.

La répression arbitraire ne cesse de s’aggraver; les détentions dans des conditions assimilables à des traitements inhumains et dégradants, sans véritable accès à une défense effective se multiplient.

Les avocats qui osent encore tenter de remplir leurs fonctions sont immédiatement stigmatisés à leur tour et empêchés par des inculpations et des incarcérations sans aucun fondement. Notre organisation est particulièrement inquiète sur le sort réservé à nos confrères détenus depuis plusieurs mois sans qu’il soit possible de savoir quels sont les faits réels qui leur sont reprochés.

L’AED, association européenne d’avocats démocrates, particulièrement attachées au respect des droits de la défense et à la protection de ceux qui se trouvent en première ligne de cette défense, les avocats eux même, vous demande, Monsieur le Président, en votre qualité de représentant de nos valeurs fondamentales de liberté et de justice d’interpeller fermement votre hôte pour que nos confrères soient libérés sans délai et que les poursuites engagées contre eux soient immédiatement abandonnées.

Nous soulignons qu’un certain nombre de nos confrères actuellement incarcérés sont membres de notre association, et tout particulièrement Selçuk KOZAGACLI et l’ensemble des avocats du çHD.

Pascale Taelman

Avocate au Barreau du Val de Marne

Présidente

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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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New Arrests / Nouvelles Arrestations

The AED demands that the Turkish Government stop all hostility against human rights lawyers. The numerous irregular and arbitrary detentions are an authoritarian and repressive response against Turkish lawyers, charged with terrorism or activities against the state. The Republic of Turkey is a member of the Council of Europe and must therefore respect and promote the defence of human rights.

We are asking for the immediate release of lawyers:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

The first two were arrested October 19th around 2 o’clock in the morning. The latest news is that they are still held in the anti-terrorist section of Vatan, where they can be held for 7 days. All offices were searched. Even the apartment in which the 3 lawyers live was searched in violation of the Turkish Code of Criminal Procedure (without the presence of the prosecutor, or an official of the Bar, or the mayor and without witnesses). Thus, computers and digital equipment were seized. Four months ago, as part of the same investigation, the lawyers went to testify and submitted an application to the judge. Despite this, the judge found it more appropriate to search the offices and the home.

All three are members of “ezilenlerin hukuk bürosu” (Legal Office of the Opponents). They are active in the HDP and have represented the co-chair of this political formation. They currently defend the families of the dead young people murdered in Suruç and have intervened in the bomb case in Ankara.

These are only a part of the arrests: Nihat Goktas is on hunger strike, Ozgen Sadet (sister of a victim of the Suruç massacre) has been arrested, together with journalists from Etkin Haber, Ajansi Isimaz Temel and Havva Custan and 11 others. There are arrest warrants for more than 10 people.

The AED denounces these political detentions and demands the release of the imprisoned colleagues and all the persons concerned.

Créteil, Barcelona, Harlem, on the 22nd October 2017

AED- EDL (European Democratic Lawyers) & The Foundation of the Endangered Lawyer

 

 

L’AED exige du Gouvernement turc l’arrêt de toute hostilité contre les avocats défenseurs des Droits de l’Homme. Continuellement des détentions irrégulières et arbitraires se produisent comme réponse autoritaire et répressive contre les avocats et juristes turcs, moyennant des chefs d’accusations de terrorisme ou activités contre l’État. La République de Turquie est membre du Conseil de l’Europe et doit donc respecter et promouvoir la défense de Droits de l’Homme.

Nous demandons ici, la mise immédiate en liberté des avocats:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

Les deus premières ont été arrêtées le 19 octobre vers 2 heures du matin. Aux dernières nouvelles elles sont toujours détenues à la section antiterroriste de Vatan/İstanbul avec possibilité d’être maintenues pendant 7 jours. Tous les bureaux ont été perquisitionnés. L’appartement dans lequel vivent les 3 avocats a également été perquisitionné en violation du code de procédure pénale turque (sans la présence du procureur, ou du fonctionnaire du Barreau, ou du maire et sans témoins). Ainsi, des ordinateurs et du matériel digital ont été saisis. Pourtant, il y a 4 mois de cela, dans le cadre de l’enquête, les avocats étaient allés témoigner et avaient soumis une requête au juge. Malgré cela, ce dernier a trouvé plus adapté de faire des perquisitions dans les cabinets et le domicile.

Tous trois sont membres de “ezilenlerin hukuk bürosu” (Bureau légal des opposants). Ils sont aussi actifs dans le HDP et ont représenté le coprésident de cette formation politique. Ils défendent les familles des jeunes gens morts assassinés à Suruç et interviennent également dans le cas dossier de la Bombe à Ankara.

D’autre part, Nihat Goktas (en grève de la faim), Ozgen Sadet (sœur d’une victime du massacre de Suruç), les journalistes de Etkin Haber, Ajansi Isimaz Temel et Havva Custan ainsi que 11 autres personnes ont été arrêtées. Il y a par ailleurs des mandats d’arrêt à l’encontre de plus de 10 personnes.

L’AED dénonce ces détentions politiques et demande la libération des confrères détenus et de toutes les personnes concernées.

A Créteil, Barcelone, Harlem, le 22 octobre 2017.

AED (Avocats Européens Démocrates) & Fondation de l’Avocat Menacé

 

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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!