them of being involved in a hierarchical structure with Kavala.8 Separate from this police operation, the so-called “Gezi trial” indictment was prepared against him, in which 15 other members of civil society were accused of working “in hierarchy with Osman Kavala to overthrow the Constitutional order.” In December 2019, The European Court of Human Rights (ECtHR) ruled there was a lack of reasonable suspicion that Kavala had committed an offense, and called on authorities to secure his immediate release.9 In February 2020, he and the other eight Gezi defendants were acquitted of all charges by a Turkish court.10 Despite this ruling and the ECtHR decision, after the trial Kavala was immediately taken into custody and sent to prison again — this time on charge of “political or military espionage.”11 Kavala is currently still in jail, despite the final ruling of the ECtHR. In January 2021, a regional court lifted the acquittals of the Gezi trial,12 and in February 2021, Kavala’s two trials were merged: the overturned Gezi trial and the trial in which he was accused with “political or military espionage.”13 During the course of these two high-profile trials, hundreds of other civil society representatives were investigated, taken into custody, tried and convicted— most frequently under Turkey’s Anti-Terrorism Law. Dozens of executives of Turkey’s largest grassroots organisation, Human Rights Association (İnsan Hakları Derneği - İHD), have stood trial and been convicted. Moreover, health rights defenders were investigated for challenging government information about the pandemic; hundreds of unionists were taken into custody for protesting their employers and being forced to work during the pandemic; environmental activists were fined; women were taken into custody for protesting the possibility of withdrawing from the Istanbul Convention; and 8 Civil Society Leaders Detained in Turkey: Call to Action (16.11.2018; Netherlands Helsinki Committee): https://www.nhc.nl/ smear campaigns targeted LGBTI+ rights defenders. In addition to journalists, critical academics and HRDs, practitioners of law also increasingly came under attack. Not only were they harassed in, and even kicked out of courtrooms; they were prosecuted and convicted as a result of the defendants they defend. Even further, the Law on Lawyers (Avukatlık Kanunu) was amended to weaken the power of large and critical bar associations. ATTACK ON LAWYERS Currently we find ourselves in an environment in Turkey where international human rights and constitutional regulations are violated every day. This also directly affects the right of defence, one of the fundamental principles of the right to a fair trial. One major reason for this is the human rights violations caused by the vague Anti-Terror Law and its implementations in Turkey. Different bodies of the United Nations (UN) and the Council of Europe have prepared several reports setting warnings and outlining recommendations to navigate the ambiguous borders between the fight against terrorism and upholding fundamental rights and freedoms, especially the freedom of expression.14 Despite ECtHR judgments and case law, we are witnessing the conviction of defendants in a multitude of lawsuits violating fundamental rights. In these lawsuits, statements that clearly fall within the scope of freedom of expression are being considered evidence of membership in an armed organisation or assistance to such an organisation as regulated in Article 314 of the Turkish Criminal Code. civil-society-leaders-detained-in-turkey-call-to-action/ 9 Kavala v. Turkey ECHR 28749/18 (10.12.2019; ECtHR) 14 Please see examples of sources commenting on the arbitrary use of Anti-Terror legislation in Turkey: Impact of measures 10 Turkish court acquits defendants in Gezi Park trial (18.02.2020; Deutsche Welle): https://www.dw.com/en/turkish-court- to address terrorism and violent extremism on civic space and the rights of civil society actors and human rights defenders acquits-defendants-in-gezi-park-trial/a-52416955 (01.03.2019; UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism): https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/057/59/PDF/G1905759.pdf?OpenElement ; 11 Defendants in Gezi Park trial acquitted but new arrest warrant issued for Osman Kavala (18.02.2020; France 24): https:// Protesting as a Terrorist Offense: The Arbitrary Use of Terrorism Laws to Prosecute and Incarcerate Demonstrators in Turkey www.france24.com/en/20200218-turkey-acquits-defendants-of-terrorism-charges-gezi-park-osman-kavala-landmark-trial (01.11.2010; Human Rights Watch): https://www.hrw.org/report/2010/11/01/protesting-terrorist-offense/arbitrary-useterrorism-laws-prosecute-and ; Abuse of the Anti-Terrorism Provision by Turkey is steadily increasing: 2013-2019 (06.07.2020; 12 Turkish appeals court overturns acquittal in Gezi trial (22.01.2021; Reuters): https://www.reuters.com/article/us-turkey- The Arrested Lawyers Initiative): https://arrestedlawyers.org/2020/07/06/abuse-of-the-anti-terrorism-laws-by-turkey-is- security-gezi-idUSKBN29R1Y2 steadily-increasing/ ; Misuse of anti-terror legislation threatens freedom of expression (04.12.2018; Human Rights Comment Council of Europe): https://www.coe.int/en/web/commissioner/blog/-/asset_publisher/xZ32OPEoxOkq/content/misuse-of- 13 Court merges Osman Kavala’s ‘espionage’ case with Gezi trial (05.02.2021; Bianet): https://bianet.org/english/ anti-terror-legislation-threatens-freedom-of-expression/pop_up?_101_INSTANCE_xZ32OPEoxOkq_viewMode=print&_101_ law/238819-court-joins-osman-kavala-s-espionage-case-with-gezi-trial INSTANCE_xZ32OPEoxOkq_languageId=en_GB 10 A DEFENSELESS DEFENSE AT TA C K O N L AW Y E R S 11