Being on the side of the constitutional system, we have always stood against the coup attempt of July 15, which targets the existence of the state and the constitutional system and has been motivated by imperialism. We have insistently expressed our expectations concerning the removal of this dark structure, which we defined as a threatening national security problem that we have been struggling against for years, from the capillary vessels of the state.
Besides this, in our statement on 21.07.2016 upon the declaration of state of emergency, we have expressed our concerns and warned that state of emergency should be employed properly and proportionally and this should not mean that law and the state governed by the rule of law would be “suspended” , this process should not result in a collective approach in which it is used as a tool to eliminate and take revenge, it should not be misused as an opportunity and serve political purposes, and this process should run within the framework of law, the core of the fundamental rights and freedoms should not be violated, the process should not turn into a “lynching” and battue and that a contrary situation will create a pro-coup mindset. We have also indicated that we will be monitoring the process.
We deeply regret that our concerns has been proved to be right under the light of the recent implementations. Our concerns are getting deeper for the days to come concerning our state governed by the rule of law, fundamental rights and freedoms.
Our suspicions and concerns are deepened as principle of proportionality with the intended purpose is disregarded which results in longer duration of detention to cover all the investigations, and about the restrictions on right to defense [right to access a defense counsel], prevention of lawyers, who are the reflection of a state governed by the rule of all, from practicing their profession, an increasing level of “lynching” mentality, detention of many lawyers and two bar presidents, closure of YARSAV [Association of Judges and Prosecutors] , at first, among so many legal associations, without debugging which proves a collective approach.
Undoubtedly, regardless of their title and position, anyone who belongs to this deep structure and supports it in one way or another should be held accountable before law and they should pay the price facing with “law”. We continue to hope and support that this dark structure will be removed and the plotters of this nefarious coup attempt will be brought to trial.
Furthermore, abstract suspicions, presumptions and rumors based on politcal struggle, when it comes to lawyers and bar presidents who are fulfilling a judicial duty, should not be taken as a ground to act, their futures should not be threatened based on presumptions and probabilities, unnecessary and disproportionate measures should not be taken. Particularly, the detainees should not be deprived of legal assistance, no uncertainty and concern should be raised about what would happen next [the aftermath of their detention], lawyers and bar association should be made a target. In short, all competent authorities should display due diligence as required by the position they hold. Unnecessary problems should be avoided as they would damage the legitimacy and effectiveness of the process.
According to the information we have received and based on our own observation, the situation has not sufficiently been handled with due diligence which leads to some problems. We expect that above-mentioned particularities will be taken into consideration. We will be monitoring the process.
We are in regular contact with all competent authorities, especially with the prosecutors’ offices, we closely follow-up with the existing problems to the very day and we take any step that is required. We are also in regular contact with the Union of Turkish Bar Associations, and as Istanbul Bar Association we closely monitor and will go on monitoring the process with each and every department of the bar association. It should be appreciated that these contacts and efforts are the processes that function in itself and many problems are resolved through these contacts.
Our expectation is that this process should be handled independently from political purposes, free from revenge and “lynching” and collective approach without damaging the state governed by the rule of law under the light of the principle of personality of criminal liability with a meticulous distinction [between the innocent and guilty] within legal rules this process for of the leakage of this parallel structure to the state. This would be the most appropriate answer to the pro-coup mindset.
Respectfully released to the public.
PRESIDENCY OF ISTANBUL BAR ASSOCIATION