TURKEY: Joint Statement by the International Legal and Human Rights Community on the Actions Against the Istanbul Bar Association

TURKEY: Joint Statement by the International Legal and Human Rights Community on the Actions Against the Istanbul Bar Association

The OIAD, together with 56 other organisations from the international legal and human rights community, sign a joint statement in support of the Istanbul Bar Association:

“The international legal and human rights community is deeply concerned by prosecuting authorities’ recent criminal investigation and lawsuit against the Istanbul Bar Association, particularly its President, İbrahim Kaboğlu, and the executive board. These actions stem from a statement issued by the Bar Association on 21 December 2024, drawing attention to the deaths of journalists Nazım Daştan and Cihan Bilgin, killed on 19 December 2024 in northern Syria while monitoring developments in the region. The statement highlighted that the targeting of journalists in conflict zones constitutes a violation of International Humanitarian Law and called for an effective investigation into the incident.

 In response, the Istanbul Chief Public Prosecutor’s Office launched a criminal investigation against the Bar’s leadership, citing allegations of “making propaganda for a terrorist organisation” and “publicly disseminating misleading information.” On 14 January 2025, the Prosecutor’s Office escalated its actions by filing a lawsuit seeking the dismissal of the Bar Association’s president and executive board under Article 77(5) of the Turkish Attorneyship Law. The grounds for the lawsuit allege that the Bar’s statement exceeded its professional mandate and constituted conduct incompatible with its official role.

 This criminal investigation and lawsuit represent a direct challenge to the independence and functioning of the Istanbul Bar Association, an institution that plays a vital role in safeguarding human rights and upholding the rule of law in Turkey.

The arrest of lawyer Fırat Epözdemir, an executive board member of the Bar Association, on 23 January 2025, upon his return from an advocacy visit to Council of Europe institutions has further deepened these concerns. On 25 January 2025, a judge ordered Mr. Epözdemir’s detention on remand on allegations of ‘membership in a terrorist organization’ and ‘making propaganda for a terrorist organization’. This decision has been strongly criticized by the legal community in Turkey as lacking credible grounds, and reinforces the perception that the investigation may be part of retaliatory actions targeting the Istanbul Bar.

 The actions taken against the Istanbul Bar Association are in stark violation of international human rights law and the principles governing the legal profession.

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Calls for Action

We call on Turkish authorities to:

  • Immediately cease all investigations and legal proceedings targeting the Istanbul Bar Association’s leadership for exercising their professional duties and in line with their mandate.
  • Release Mr. Epözdemir immediately and unconditionally.
  • Respect Turkey’s obligations under international law to ensure the independence of the legal profession and the right to freedom of expression.
  • Guarantee that bar associations can fulfil their professional duties without interference or intimidation.

We urge the United Nations Special Rapporteur on the Independence of Judges and Lawyers and other relevant special mandate holders to:

  • Issue an urgent communication to the Government of Turkey expressing concern about the actions against the Istanbul Bar Association.
  • Monitor and report on the situation as part of broader efforts to safeguard the independence of legal professionals worldwide.

We call on the Council of Europe Commissioner for Human Rights and the European Committee on Legal Co-operation to:

  • Conduct an immediate inquiry into the actions taken against the Istanbul Bar Association and their compliance with Turkey’s obligations under the ECHR.
  • Engage with Turkish authorities to ensure that bar associations can operate independently and without fear of reprisal.

We urge the European Union to:

  • Condemn the actions against the Istanbul Bar Association in its communications with Turkish authorities.
  • Make the protection of legal professionals’ independence a central element in its discussions on human rights and rule of law in Turkey.

The international legal and human rights community stands in solidarity with the Istanbul Bar Association and all legal professionals in Turkey who continue to uphold the principles of justice, human rights, and the rule of law. We remain vigilant in monitoring developments and are prepared to advocate for all necessary measures to protect the independence and integrity of the legal profession in Turkey.”

 

Read full statement here: https://protect-lawyers.org/wp-content/uploads/Istanbul-Bar-Association_joint-statement-from-the-international-legal-and-HR-community.pdf