Lawyers reacted to this decision. The Lawyers for Democracy (Demokrasi İçin
Hukukçular) made a statement entitled “The legal profession as a whole is in
danger.”78 President of the TBB Metin Feyzioğlu also protested the decision
with a number of Tweets.79 Lawyer Kavili was released a day later. The
lawsuit against him is ongoing.
78 Ibid.
79 See: (05.10.2018; Metin Feyzioğlu): https://twitter.com/metinfeyzioglu/status/1048293158382194689 ; (05.10.2018;
Metin Feyzioğlu): https://twitter.com/metinfeyzioglu/status/1048312529842257920
THE SECOND LAWSUIT
AGAINST ÇHD-HHB
The repressions against lawyers increased exponentially during the State
of Emergency. After the action in 2013 (see page 9), on September 12,
2017, another operation was carried out against The Progressive Lawyers’
Association (ÇHD) and Peoples’ Law Bureau (HHB). Seventeen lawyers and
two trainee lawyers were taken into custody after their homes and offices
were raided.80 After 8 days in custody, 15 lawyers were arrested.81
At a rally on November 3, 2017, President Erdoğan stated that, “Unfortunately,
the extreme left provokes families by taking advantage of them. They are
playing them false. We know very well who they are. Our martyrs’ families
have to throw a wrench into their games.”82 Allegedly, with these words,
President Erdoğan was targeting the lawyers— including ÇHD Chairman
Selçuk Kozağaçlı— of the families of those who lost their lives in the Soma
mining disaster.83
80 Lawyers from the Contemporary Lawyers’ Association (Sessizkalma): https://www.sessizkalma.org/en/defender/
Five days after President Erdoğan’s statement, Kozağaçlı was taken into
custody. He was arrested on November 13, 2017.84
Approximately one month later, with the arrest of lawyer Yaprak Türkmen, the
number of detained lawyers increased to 17. On March 22, 2018, a lawsuit was
filed against 20 lawyers, 17 of whom were under arrest. In the indictment, the
lawyers were accused of being “members of an illegal organisation” based on
the statement of one single witness and the prosecution was requesting long
prison sentences.85
The lawyers were brought before the judge between September 10 and 14,
2018— a year after their initial arrest. In the first hearing, held in the Bakırköy
Courthouse, 17 detained lawyers were beaten by the gendarmerie in front of
the panel of judges, their clothes were torn and they were handcuffed inside
the courtroom.86 On the fifth day, the panel of judges ruled that the trial would
be moved to the courtroom adjacent to the Silivri Prison. More than 300
lawyers attended the hearings that lasted five days.
On the last day, the panel of judges ordered the release of all detained
defendants.87 The decision was announced around 10:00 PM on September
14, 2018. The 9 lawyers held in the Silivri Prison were released at 6:30 AM the
next day; the 8 lawyers held in the Bakırköy Prison at 4:30 AM.
On September 15, 2018, upon the objection of the prosecutor against the
decision to release the defendants, the panel of judges convened on Saturday
evening, and unanimously decided to re-arrest 12 of the lawyers they had
unanimously decided to release the day before.88
which killed 301 mineworkers, thus making it the worst mine disaster in the history of Turkey.
84 Lawyers from Contemporary Lawyers’ Association (Sessizkalma): https://www.sessizkalma.org/en/defender/
contemporary-lawyers-association/
85 Ibid.
contemporary-lawyers-association/
86 ÇHD duruşmasında arbede: Avukatlar tekmelendi (10.09.2018; Cumhuriyet): https://www.cumhuriyet.com.tr/haber/
81 Ibid.
chd-durusmasinda-arbede-avukatlar-tekmelendi-1078879
82 Erdoğan’dan Soma’da şehit olan madencilerin ailelerine müjde (03.11.2017; Sabah): https://www.sabah.com.tr/
87 Lawyers from Contemporary Lawyers’ Association (Sessizkalma): https://www.sessizkalma.org/en/defender/
ekonomi/2017/11/03/erdogandan-somada-sehit-olan-madencilerin-ailelerine-mujde
contemporary-lawyers-association/
83 On May 13, 2014, an explosion occurred in the Eynez coal mine in the Turkish town of Soma, causing an underground fire
88 Ibid.
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T H E S E C O N D L AW S U I T A G A I N S T Ç H D - H H B
A DEFENSELESS DEFENSE
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