THE DISPUTE BETWEEN
BAR ASSOCIATIONS
AND THE EXECUTIVE
As mentioned above, there have been frequent tensions between bar
associations and the executive in Turkey. Debates generally revolved around the
issue of secularism. For example, one of the disagreements took place in 2004,
between then-Prime Minister Recep Tayyip Erdoğan and the TBB Chairman at
the time, Özdemir Özok. Özok had stated that he found it unacceptable that a
graduate of a religious vocational high school (İmam Hatip Lisesi) had become
prime minister.114
The press Conference by lawyers of İstanbul Bar Association to support the demands of lawyers
Ebru Timtik and Aytaç Ünsal in a hunger strike demanding fair trial, August 20th 2020. (Capshot from
‘’Shrinking Civic Space 2: Right to Defence’’ video, by Fatih Pınar)
On August 11, 2020, the Constitutional Court rejected Timtik and Ünsal’s
application for an eviction measure on the grounds that “there is no serious
danger to their material or moral integrity.” On the 238th day of her death
fast, Ebru Timtik passed away, on August 27, 2020. Aytaç Ünsal was released
on September 3, 2020, the 213th day of his death fast, by a decision of the
16th Chamber of the Supreme Court.112 In the decision, it is stated that the
execution of Ünsal’s sentence would be stopped and he would be immediately
released until his recovery, “as it is understood that staying in prison
conditions would be life-threatening.” On December 10, 2020, Ünsal was
taken into custody again with the accusation of trying to flee the country.113
It was not journalists and television channels but the police who recorded
every press release during the Watch held by Didem Ünsal.
In 2008, the young TBB Chairman Metin Feyzioğlu’s face-to-face discussion
with Erdoğan, Prime Minister at the time, was another major event reported
in newspapers and TV news headlines. In May 2014, on the anniversary of the
founding of the Council of State, Feyzioğlu gave a speech in which he touched
upon the problems in the justice system and expressed his concerns about the
upcoming elections. Erdoğan, disturbed by the speech, accused Feyzioğlu of
“doing politics” and subsequently left the hall.115
Some time later, Feyzioğlu began to take a much more pro-government
position, showing respect to the executive in the State of Emergency period, and
backing the unlawful practices devised under the pretext of the coup attempt.
Many bar associations, particularly the Istanbul Bar Association, which has the
greatest number of members in Turkey (and also one of the largest worldwide),
began issuing statements criticizing the attitude of the TBB Chairman.
On November 8, 2019, 12 Bar Associations (Adana, Ankara, Antalya, Aydın,
Bursa, Diyarbakır, İstanbul, İzmir, Mersin, Şanlıurfa, Tunceli and Van) issued a
114 ‹İmam hatipli başbakanı sindiremem’ davasına ret (20.04.2005; Hürriyet): https://www.hurriyet.com.tr/gundem/imam-
112 Aytaç Ünsal released (04.09.2020; Lawyers for Lawyers): https://lawyersforlawyers.org/aytac-unsal-released/
hatipli-basbakani-sindiremem-davasina-ret-313156
113 Concerns about Aytaç Ünsal (01.02.2021; Lawyers for Lawyers): https://lawyersforlawyers.org/en/concerns-about-
115 Feyzioğlu’na kızan Başbakan töreni terk etti (10.05.2014; Hürriyet): https://www.hurriyet.com.tr/gundem/feyziogluna-
aytac-unsal/
kizan-basbakan-toreni-terk-etti-26391061
52
A DEFENSELESS DEFENSE
T H E D I S P U T E B E T W E E N B A R A S S O C I AT I O N S A N D T H E E X E C U T I V E
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