Rights Centre followed up on the complaint that she was to file with the Council
of Judges and Prosecutors (HSK) on the grounds that her right of defence was
prevented and her reputation damaged in front of her colleagues and her client
after she had been rudely denied from asking questions to the witness by the
court judge at the İzmir 10th Family Court on March 7, 2019 and also met with
refusal with respect to including this incident in the trial record.”
■ “A criminal complaint was lodged by the Ankara Bar Association about
a colleague, who had been taken into custody by the Ankara Police AntiSmuggling and Organised Crime Department on March 10, 2019. The complaint
stated that he had been tortured and ill-treated while in custody.”
■ “On March 11, 2019, our colleague who was waiting for the interrogation of
his client at the Ankara 1st Criminal Court of Peace was battered by the police
and taken to the hospital after having sustained injuries.59 On the same day,
the request of our colleague to examine the documents regarding his client
and to see the latter was arbitrarily rejected at the Ankara Police Department
Narcotics Branch. The incident was recorded by the Lawyers’ Rights Centre.”
■ “On March 12, 2019, a colleague was threatened and insulted by an officer
at the Ankara Chief Public Prosecutor’s Office Attorney and Notary Crimes
Investigation Bureau. The incident was recorded by the Lawyers’ Rights Centre.”
■ “On Mach 12, 2019, the Lawyers’ Rights Centre observed and took the
minutes of a hearing after a colleague had lodged a complaint about the fact
that the judges of the Istanbul 28th and 33rd Assize Courts obstructed the
defence and violated the right to a fair trial.”
■ “On Mach 14, 2019, the Lawyers’ Rights Centre provided legal assistance in
the case of a lawyer who had been among the passengers of an intercity bus
that was stopped for a general check by the police at the toll booths in Kurtköy,
Istanbul, and who was taken into custody at the police checkpoint after he had
stated that he refused to be subjected to a criminal record check.”
■ “On Mach 14, 2019, a colleague attended a hearing at the Van 6th Assize
Court with his authorization certificate instead of the court-appointed lawyer,
but his authorization certificate was not accepted and he was expelled from
the courtroom by law enforcement agents. The incident was recorded by the
Lawyers’ Rights Centre.”
■ “On Mach 14, 2019, a colleague was subjected to verbal insults and threats
of police officers at the Ankara Police Department Demirfırka Police Station
and the incident was recorded by the Lawyers’ Rights Centre.”
■ “On March 22, 2019, our colleagues’ requests to review the files of their
clients at the Anti-Terror Branch Office in Diyarbakır were rejected, although
there was no confidentiality order [in the investigation]. As a result of the efforts
of the Lawyers’ Rights Centre, the problem could only be solved temporarily.
Similarly, some judges did not allow for files to be examined during the hearing,
which was included in the trial records. At its meeting on March 27, 2019, the
Board of Directors of the Bar Association decided to hold a convene with the
Justice Commission and the Office of the Chief Prosecutor to discuss this
issue. Although the situation remained stable for a while after these meetings,
comparable arbitrary practices by some court judges resumed and lawyers
continue to frequently see their professional activities obstructed as they are
not allowed to examine files in the courtroom or at the police station, and to
meet their clients.”
■ “On March 22, 2019 22.03.2019, a warrant for custody was issued on behalf
of 106 lawyers across the country, who were taken into custody after their
residences and offices were searched. Within the scope of this investigation,
many of our colleagues who were continuing their professional activities were
arrested. Since a confidentiality order has been imposed on the investigation
file, the nature of the file is yet unknown. However, this situation causes other
lawyers to be anxious while practicing their profession.”60
60 During the preparation of this report, 47 lawyers were arrested after home raids on September 11, 2020, in a similar
manner. Such mass operations targeting lawyers show that identifying lawyers with their clients and accusing them of
59 This is not the only incident where lawyers were harassed or ill-treated. Lawyer Zeycan Balcı, participating in a press
terrorism allegations is an accustomed tactic in regard to the destruction of the right to a fair trial, and the right to a legal
statement in the Çağlayan Court House, became disabled after a police attack against lawyers on March 30, 2016 when she
defense. [Turkey: Lawyers Arrested in Terror Probe - Abusive Mass Arrests Damage Rule of Law, Expose Detainees to
was injured. Some presidents of the bar associations were attacked and battered during their march to protest the new Law
Covid-19 Risk (16.09.2020; Human Rights Watch): https://www.hrw.org/news/2020/09/16/turkey-lawyers-arrested-terror-
on lawyers in Ankara, on June 22, 2020.
probe]
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A DEFENSELESS DEFENSE
ARBITR ARY PR ACTICES
33