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The
escalating attacks by Turkish authorities on the Istanbul Bar
Association, its leadership, and members of the legal profession are
an affront to the independence of the legal profession and the rule
of law, an international coalition of lawyers, bar associations and
human rights organisations, including the Observatory for the protection of human rights defenders (a partnership of the International Federation for Human Rights - FIDH - and the World Organisation Against Torture - OMCT), warned today.
Removal
of Elected Leadership
On
21 March 2025, the Istanbul 2nd
Assize Court issued a ruling to remove the elected leadership of the
Istanbul Bar Association under Article 77/5 of the Attorneyship Law.
The decision mandates the dismissal of the Bar’s president and
executive board and orders new elections. This move undermines the
independence of the legal profession and makes a mockery of the
fundamental principles of justice and the rule of law in Turkey.
Criminal
Proceedings Against Bar Leadership
In
parallel, Istanbul Bar President İbrahim Kaboğlu and ten executive
board members have been charged with “making propaganda for a
terrorist organisation through the press” and “publicly
disseminating misleading information,” with the prosecution seeking
up to 12 years’ imprisonment and political bans.
These
charges and the related civil proceedings stem directly from a public
statement issued by the Bar regarding the killing of two journalists,
Nazım Daştan and Cihan Bilgin, in Syria in December 2024, and
calling for an independent investigation into their deaths. That a
professional association is now facing criminal prosecution for such
a principled, rights-based intervention illustrates the severe
restrictions faced by legal professionals in Turkey who engage in
human rights advocacy.
Arbitrary
Detention of Board Member
The
arbitrary detention of Istanbul Bar board member Fırat Epözdemir
further exemplifies the judicial harassment targeting the Bar's
leadership. Arrested on 23 January 2025, after returning from an
advocacy visit to the Council of Europe, Epözdemir has been charged
with alleged “membership in a terrorist organisation” and “making
propaganda for a terrorist organisation” under an indictment dated
8 April 2025. His continued detention and prosecution reflect an
intensifying crackdown on legal professionals in Turkey who challenge
state policies and defend human rights.
Escalating
Attacks on Lawyers Amidst March 2025 Protests
Since
the arrest of Istanbul Mayor Ekrem İmamoğlu on 19 March 2025,
Turkey has witnessed widespread protests and the detention of
hundreds of people across the country. Lawyers responding to these
mass arrests to provide legal assistance have themselves become
targets of repression. In İzmir and İstanbul, a number of lawyers
were arrested while attempting to support detained protesters,
including the former Chair of the İzmir Bar Association, Özkan
Yücel, who was detained in an early morning raid on his home. On 28
March 2025, Mehmet Pehlivan, a lawyer representing Ekrem İmamoğlu
was also arrested and later released under a judicial control order.
In
addition to these arrests, lawyers seeking to represent those in
custody faced serious obstacles trying to contact their clients and
carry out their professional duties. In many cases, they were denied
access to clients held in police custody or were only allowed to meet
under restricted conditions that undermined confidentiality and
effective representation. Reports indicate that lawyers were barred
from entering courthouses during key questioning procedures, or were
told hearings had taken place in their absence. In some instances,
they were prevented from even confirming the whereabouts of those
detained. Refusals to acknowledge, provide or confirm the fate or
whereabouts of detained individuals is an element in the crime of an
enforced disappearance.
These
actions by the Turkish authorities constitute a direct interference
with the right to legal defence, impeding access to justice and
further criminalising legal support for peaceful protest and dissent.
They mark a dangerous intensification of pressure on the legal
profession and an erosion of fair trial guarantees and the rule of
law.
Call
to Action
These
escalating attacks reveal a pattern of repression trampling over
human rights and due process safeguards and mechanisms established to
protect the rule of law. They also exemplify efforts to target the
legal profession, undermining international standards that protect
the role and rights of lawyers and their professional associations in
the exercise of their professional functions.
We
call upon the international community to:
-
Demand
the immediate cessation of all civil and criminal proceedings
against the Istanbul Bar Association’s leadership and members.
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Publicly
condemn the Turkish authorities’ misuse of the justice system to
suppress independent legal professionals and institutions and
undermine public confidence in the rule of law.
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Insist
on the immediate and unconditional release of Fırat Epözdemir and
all other lawyers detained solely for carrying out their
professional duties.
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Call
on the Turkish authorities to allow the Istanbul Bar Association to
operate independently and without any intimidation, harassment or
reprisals.
-
Urge
international mechanisms, including the Council of Europe, United
Nations, and European Union bodies, to take robust and effective
actions to uphold the independence of the legal profession, human
rights and the rule of law in Turkey.
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