The right to defence is presently significantly
restricted as a result of several legislative
amendments, emergency decrees that
remained in use after the State of Emergency
period ended, the non-implementation of
laws and court decisions, and practices such
as expulsions from courtrooms by judges,
disregard on the part of the panel of judges,
and criminalization of the verbal content of
defence statements.
To facilitate a better understanding of this
process, we would like to introduce a very
short overview of periods in the last 20
years that mark a significant shift in terms of
democracy and democratization in Turkey’s
recent history:
“Between 1999-2004, in the context of
the negotiations for full membership to
the European Union (EU), guided by the
Copenhagen criteria, the state made
various legal amendments in the name of
‘democratization.’ Since Turkey was unable
to solve the Kurdish question in a democratic
manner and ensure a peaceful environment,
On the 24th of January 2019 The Day
this reform process came to a halt in 2005 and
of The Endangered Lawyer, lawyers
remained stationary until 2013. The ‘Peace
marching through İstiklal Street,
and Solution Process’ that was initiated in 2013 İstanbul. (Capshot from ‘’Shrinking
Civic Space 2: Right to Defence’’ video,
with the ambition to solve the Kurdish question
by Fatih Pınar)
by democratic means lasted until 2015. In this
interim period, claims/statements regarding
‘democratization’ gained momentum again, but the reform process was
completely terminated following the eruption of armed conflicts in July 2015.
During this period, Turkey became the stage for dramatic developments such
as the intense armed conflict [between the state and the PKK], the country’s
military intervention in Syria, and the coup attempt of July 15, 2016. The State
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A DEFENSELESS DEFENSE
of Emergency that was declared all across Turkey on July 21, 2016 was lifted
as of July 18, 2018. During the State of Emergency, Turkey was governed
by emergency decrees; subsequently the country was/still is governed by
presidential decrees.” 22
22 İHD Special Report on Human Rights Advocacy and Repressive Policies against İHD (29.07.2020; Human Rights
Association): https://ihd.org.tr/en/ihd-special-report-on-human-rights-advocacy-and-repressive-policies-against-ihd/
OBSTRUCTION OF THE PROFESSION
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