the bar associations reacted strongly to the envisaged amendments to the
Law on Lawyers, and the attempts to regulate bar association elections.
The presidents of dozens of bar associations marched to Ankara on June
19, 2020 to protest the draft law that would replace the system of one
bar administration per province, by making it possible for multiple bar
associations to be founded in provinces where they currently represent
at least 2,000 lawyers.119 Traditionally, in elections for the leadership of
provincial bar associations in which all lawyers registered can participate,
government opponents have often won.
Prevented from entering Ankara, the presidents were also not allowed
to receive food and clothing that were sent to them during this march.120
Following talks they were eventually able to enter Ankara the next day.
into the sessions held by the Commission. The same happened when the
draft law was under discussion at the Parliament after being approved by the
Commission on July 6, 2020. As a consequence of this process, the articles
of the law passed one by one at the Parliament between July 8 and July
11 without any consultations with bar associations.123 The main opposition
party CHP appealed the law to the Constitutional Court. On October 1, 2020,
this application was rejected.124
At the request of the Monitoring Committee, on October 9, 2020, the Venice
Commission adopted an opinion on the 2020 amendments to the Law on
Lawyers.125
123 ‘Sad day for rule of law’ as Turkey passes legal bill (11.07.2020; Arab News): https://www.arabnews.com/
node/1703351/middle-east
The police preventing the presidents of bar associations to enter Ankara
was protested with mass demonstrations in Istanbul, namely in front of the
Çağlayan Courthouse and the building of the Istanbul Bar Association. There
were also demonstrations in front of many other bar associations throughout
the country.121
124 Constitutional Court rejects appeal against law on ‘multiple bar associations’ (01.10.2020; Bianet): https://bianet.org/
english/law/231931-constitutional-court-rejects-appeal-against-law-on-multiple-bar-associations
125 The Venice Commission concluded that ‘’it was not clear how the new system would improve the quality of services
or training provided by the UTBA or the Bar Associations to the attorneys.” It pointed out that “the creation of alternative
bar associations may lead to incoherent practice in disciplinary matters and create administrative instability.” And there
was “a real risk that the creation of multiple bar associations in the same city, based on voluntary membership, will lead to
further politicization of the legal profession. This is incompatible with the neutral role which the attorneys should normally
The bar associations also decided to engage in a “Standing President” protest
on the way to the Parliament on the day that the proposal was referred to
the Parliamentary Commission. They aimed to lobby against the proposal in
the Parliament, to submit an appeal to the Constitutional Court (AYM) with
an action for annulment if the proposal would be enacted, and to hold a “Last
Watch” while the case was discussed at the Constitutional Court.122
The draft law was debated at the Justice Commission of the Parliament in
the first days of July 2020. The heads of bar associations were not permitted
119 Concerns about draft bill on the reform of Turkish Bar Associations (02.07.2020; Lawyers for Lawyers): https://
lawyersforlawyers.org/concerns-about-draft-bill-on-the-reform-of-turkish-bar-associations/
120 Police intervention against lawyers at the entrance of Ankara (23.06.2020; Bianet): https://bianet.org/english/human-
play. It will also endanger the independence of attorneys, which is implicitly required by the international human rights
treaties, by the soft law standards, and which is one of the requirements of the rule of law.” (Joint Opinion of the Venice
Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe on the July 2020
Amendments to the Attorneyship Law of 1969 (8-9 October 2020; European Commission for Democracy Through Law –
Venice Commission): https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2020)029-e
CONCLUSION
All of these practices and the violations by judges in the courts, especially with
respect to procedural law, renders the defence, as an essential pillar of the
judicial system, increasingly weakened in Turkey. It is causing the country to
move ever further away from being governed by a belief in the rule of law.
rights/226143-police-intervention-against-lawyers-at-the-entrance-of-ankara
aspx?ID=15821&Desc=EYLEML%C4%B0L%C4%B0K-S%C3%9CREC%C4%B0N%C4%B0-BA%C5%9ELATIYORUZ.
The defence has never been considered as one of the essential elements of the
judicial system in Turkey, but at the same time, it has never been criminalized
and silenced as it is now. However, the defence is there to protect the rights
and freedoms of citizens, to contribute to revealing the truth and to ensure a
56
CONCLUSION
121 Turkey: plan to divide, undermine legal profession (08.07.2020; International Commission of Jurists; Human Rights
Watch): https://www.icj.org/turkey-plan-to-divide-undermine-legal-profession/
122 Eylemlilik Sürecini Başlatıyoruz (25.06.2020; Istanbul Bar Association): https://www.istanbulbarosu.org.tr/HaberDetay.
A DEFENSELESS DEFENSE
57