NEWS
  • Modified Date : 16.06.2017 13:20
  • Created Date : 08.09.2017 16:37
  • Activity Date : 05.09.2017

NO DEFENSE WITHOUT JUSTICE, NO JUSTICE WITHOUT DEFENSE

New Judicial Year opens on September 5.

Lawyers start the new judicial year with concern.

OHAL [state of emergency] has been converted into a de facto regime

  • Declared after prevention of the coup attempt started with nefarious  sorties, OHAL (state of emergency) has been brought to a level that dampens rule of law in Turkey. 
  • TBMM (Turkish Grand National Assembly) is made dysfunctional via KHK's (governmental decrees).
  • Being a result of OHAL+KHK Regime declared to fight against terrorism, "Irresponsibleness" is used to suppress opposition. 
  • Through the indictments that took months to be filed, "penalties to make people eat humble pie" can be imposed.
  • Constitutional Court denies constitutional monitoring, which is its reason of existence makes democratic regime insecure.
  • Fair trial, access to justice, legal security and right against self-incrimination that are generally accepted concepts though universal law are being disregarded.
  • Judiciary is misused as a practice area for the political strategies.
  • Guarantees granted to judges and prosecutors have been abandoned  through appointments and investigations.
  • Courts with Special Authority have left their place to Peace Criminal Judgeships. Through defacto appointments, Courts, whose authorities are specialized, are being established.  
  • Despite the explicit provisions in the Constitution and Criminal Laws, statements that carry the characteristics of giving instructions to the judiciary are indifferently uttered.   

RIGHT OF DEFENSE IS DISREGARDED

  • Lawyers' meetings in the prisons are made in presence of public officers and these are video-recorded.
  • Guaranteed under law, lawyers' confidentiality obligation, which aims at protecting citizens, is disregarded.
  • This hampers lawyers' access to investigation files.
  • Lawyers could enter the courthouses only after search while the judges and the prosecutors who were discharged of their office as they are allegedly the members of FETÖ were able to enter these courthouses through the gates reserved for the protocol  for years.
  • Judicial process is crippled by the efforts to defame legal profession..
  • New regulations such as expelling lawyers  from the courtrooms by force, denying their defense counseling are being introduced. Again, torture and ill treatment echoes. 
  • The only thing left to be done was to quarrel with our bread and butter. They did it finally with the recent KHK (governmental decree).

 

Turkey opens up the new judicial year under these circumstances.

 

Being representatives of citizens' right to legal remedies, lawyers, despite all their concerns, give their struggle. Because lawyers strengthen their commitment to the dignity of right to defense with their struggle.

 

We wish a "fair" judicial year to our colleagues, who are the undaunted and devoted members and representatives of defense, to the members of the judiciary who breathe and sustain the values of law and to all our citizens.

 

PRESIDENCY OF ISTANBUL BAR ASSOCIATION

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