Naim Eminoğlu and Doğa İncesu

TURKEY: Turkish lawyers released after arbitrary arrest

07 August 2024

 

On 2 July 2024, lawyers Naim Eminoğlu and Doğa İncesu were arrested following a raid on their homes. The two lawyers, both members of the Association of Progressive Lawyers (“ÇHD”) in Turkey, were due to appear in court for a hearing on 2 July and were taken into custody by the Turkish authorities.

Neither the prosecutor nor a representative of the bar association were present at the time of the proceedings. The lawyers’ phones and computers were confiscated by the police for examination. Eminoğlu and İncesu were not informed of the charges against them.

Naim Eminoğlu and Doğa İncesu were actually charged with propaganda and membership of a terrorist organisation based on the statements of a witness. Their arrest and the charges brought against them were strongly condemned by the international community, which denounced the harassment of the lawyers who were members of the ÇHD.

The lawyers, represented by three of their colleagues from the ÇHD, were released on bail on 5 July 2024.

The Observatory welcomes the decision to release the Turkish lawyers Naim Eminoğlu and Doğa İncesu after their arbitrary arrest on 2 July 2024.

The Observatory remains concerned about the situation of human rights lawyers in Turkey.

The Observatory urges the Turkish authorities to cease all pressure against the legal profession.

The Observatory recalls that, in compliance with the United Nations basic principles on the role of the Bar, in particular principles 16, 22, 23 and 27:

“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (…).” (Principle 16)

“Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.” (Principle 22)

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. (…).” (Principle 23)

“Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.” (Principle 27)