BEFORE THE
STATE OF
EMERGENCY
One important incident was a 1993 operation
carried out against lawyers carried (long
before AKP came to power).23 In this
Diyarbakır-based operation, nearly 30
lawyers, amongst them Tahir Elçi, were
taken into custody on the grounds that they
were “linked to terrorist organisations.”24 The
lawyers were subjected to severe torture.
Their lawsuit was brought before the ECtHR
and the Judgment in the Case of Tahir Elçi and
Others / Turkey25 became a crucial document
in the fight against torture.
Epere volest
quossumquam ex ex
enecestiatur aboratiist
ipsam excernatem
laborum sitectur aut
dolupta dunt facidest
ene coriasim.
The pressure on defence has become
Sezgin Tanrıkulu and Tahir Elçi, both
more apparent every year under the rule
former Presidents of Diyarbakır
Bar Association, on a business trip
of the AKP. One may recall how disturbed
abroad Turkey.
the executive was by speeches of high
judicial representatives and presidents
of bar associations during the opening ceremonies of judicial years or the
anniversaries of the establishment of high courts. Higher judicial bodies
became less critical of the executive following judiciary transformations,
which took place between 2002 and 2016 through work done by an alliance
of the AKP and Gülen Movement. Instead, criticism started to be raised by
the defence, namely by bar associations at these ceremonies. Subsequently,
the government began not inviting representatives of the Union of Turkish Bar
Associations (TBB) to these kinds of ceremonies. Reciprocal recriminations
ensued and this tension reached a point at which the government directly
intervened in bar associations (Details regarding this situation, which
continues to be a relevant issue at present, are provided on page 24).
But another dimension to the tension between the government and defence
emerged in the meantime. The defence, i.e. lawyers, began to be directly and
systematically accused and even arrested, either individually or collectively.
23 The AKP first came to power as a result of the 2002 general elections and has been ever since.
24 Türkiye’de 90’lardan Bugüne Avukatların Durumu (Hukuk Politik): https://www.hukukpolitik.com.tr/2020/02/20/
turkiyede-90lardan-bugune-avukatlarin-durumu/
25 Elçi and others v. Turkey ECHR, 23145/93 and 25091/94
16
A DEFENSELESS DEFENSE
B E F O R E T H E S TAT E O F E M E R G E N C Y
17