STRUGGLE FOR DEMOCRACY IS A REASON OF EXISTENCE FOR ISTANBUL BAR ASSOCIATION

As Istanbul Bar Association, we are in the opinion that the decision made by the Supreme Election Council, or YSK, on 06.05.2019 for the Renewal of Istanbul Elections has no legal ground and contradicts the YSK's case law. It is evident that this decision is shaped by the pressures of political power, rather than by being based on legal interpretations and thoughts.

Our Bar Association considers it unnecessary to put the reasoning of the decision through a legal analysis. While it is clear that the council that made the decision does not carry such a motive, we do not find it right to direct our seriousness as a legal institution to this issue.

Therefore, at this point, it can be expressed that it is not the election itself, but the decision to cancel the election is questionable.

However, we must emphasize it explicitly that this decision is not a simple decision of for the renewal of the election, but rather a choice that will have radical consequences that will shape the future of our democracy. This decision clearly reveals that the ballot box, which is the most fundamental assurance of democracy, lacks "the ability to change". On the other hand, the ballot box can be an instrument of democracy not only if it can "elect", but also if it can “change” the result. This decision establishes an environment in which the power of ballot box “to change” is destroyed.

This choice, which results in the change of the political order in such an antidemocratic way, is a clear indication of juristocracy. This method, which is shaped by subjective interpretations of judges who are politically irresponsible and who have no public accountability, will be the guarantee of an oligarchic government.

As we are gravely concerned about this course of events, we are determined to take an active position until 23 June to look out for our democracy.

In this context, as a requirement of the responsibilities laid down under Articles 76 and 95 of the Attorneyship Code, the following activities and actions are planned to ensure the security of the election on 23 June:

1. Making a call to all lawyers in Turkey, Istanbul Bar Association will play an informative role for the society on the one hand and ask for contributions to provide the legal security on June 23, on the other hand. We are planning to continue with our work in search for "one lawyer in each school", this time with search for “one lawyer for each ballot box” together with our colleagues from all over the country

2. For this purpose, our Bar Association's Cultural Center in Galata will be positioned as Istanbul Bar Association Election Law Base. On the one hand, our colleagues will be organized for providing legal assistance in the face violations that could be experienced in the elections, on the other hand, studies of experts, who will provide assistance in the context of the election law will be done, on the other hand ballot box trainings will be offered.

3. Istanbul Bar Association will make a call to the Coordinating Body for the Professional Associations in Istanbul, or IMOK, as well as trade unions and non-governmental organizations to ensure solidarity for democracy and plan joint activities.

4. Information concerning election will be made available on billboards in Istanbul.

5. All kinds of press and communication activities will be exhibited in order to achieve the perfect reflection of the will of the voters in Istanbul for June 23.

6. Solidarity vigils for democracy will be held every day between 20.00-21.00 until June 23 in front of Istanbul Bar Association Main Building in order to display the unlawfulness of the cancellation of elections by YSK and to establish solidarity among our colleagues.

The tradition of struggle originating from the historical roots of Istanbul Bar Association is nourished by democracy and the rule of law.

Our belief that the June 23 elections have a meaning beyond the election of the Mayor of Istanbul compels us to struggle for democracy. We will continue this struggle until our last breath.

Respectfully submitted for the information of our colleagues and public.

PRESIDENCY OF ISTANBUL BAR ASSOCIATION