THE ERGENEKON TRIALS26 Lawyers were among those who were detained and interrogated, with one lawyer being arrested in the course of the Ergenekon investigations that started in 2008. Lawyers’ offices were raided in violation of laws regulating rights and obligations of lawyers. Bureaus were searched without the presence of lawyers, and there were claims that security forces planted evidence in the bureaus during these searches. The lawyers representing the defendants in these cases were restricted in their right of defence, frequently interrupted in their speeches and discharged from courtrooms. In addition, it was revealed that many lawyers’ meetings with their clients during these trials had been unlawfully recorded.27 The government, which had applauded the Ergenekon trials at that time, started to call these cases a “plot” after its alliance with the Gülen Movement fell apart.28 26 Ergenekon Trials: In these trials, taking place from 2008 to 2019, high-ranking military members were tried in PROSECUTION OF LAWYERS OF THE İHD On May 12, 2009, the houses and offices of Human Rights Association (İHD) Deputy Secretary General Hasan Anlar, lawyer and İHD Central Executive Board member Filiz Kalaycı, former İHD Board member Halil İbrahim Vargün, and lawyer and HRD Murat Vargün were raided by Anti-Terror forces.29 They were taken into custody on the allegation of “aiding an illegal organisation.” Filiz Kalaycı, who was arrested but released after several days, was rearrested on May 27, 2009 on request of the prosecutor on the grounds of “preventing crime for the sake of public order.” In the indictment filed against the lawyers and against Nedim Taş, former President of the Association for Solidarity with the Families of Inmates and Convicts (Avukatlar ve Tutuklu ve Hükümlü Aileleri ile Yardımlaşma Derneği - THAY-DER), the following were used as evidence to back the charges of “PKK/Kongra-Gel membership”: press conferences and Newroz celebrations which the lawyers attended, phone calls, correspondences, and documents pertaining to NGOs. The indictment also stated that the investigation was launched upon a notification sent via e-mail to the Ankara Police Department by a lawyer named A. Türk Yurtbey on March 29, 2007. However, there was no lawyer registered with the bar association under this name. connection to a series of assassinations and military coup attempts on evidence put together by prosecutors and judges, many of whom later fled abroad or were convicted during the operations against the Gülen Movement after the 2016 coup attempt. Although the legality of the cases is questionable, it can be said that these interventions, with the support of the current government, have eliminated the army’s pressure on politics. 27 8 lawyers were detained and trialed in the final Ergenekon trials conjoining 23 different trials. In 2014, several of them were convicted of being members of an armed terrorist group. After the decision of Court of Cassation in 2019, they were all acquitted. During the 11 years of the course of these trials, Turkey had the same political party, AKP, in government. 28 An analysis of the change of rhetoric of the governing party AKP can be seen in Sedat Ergin’s article. Ergin states that then-Prime Minister Erdoğan was seen by the general public stating ‘’I am the prosecutor of the Ergenekon Trials’’ (2008) whereas the opposition Party CHP’s leader announced himself as the defence lawyer. Later during the course of the trial (2011), Prime Minister Erdoğan stated, “We are not the judges, not prosecutors and not defence lawyers of this trial.” Three-hundred lawyers became intervening parties to the hearing, which started in the Ankara 11th Assize Court on November 9, 2009, but only 150 of them were able to attend. During the hearing, defense lawyer Ercan Kanar stated that this case was an attack on the immunity and independence of the defence and requested the evidence, such as the unlawful e-mail notification and the statements given against them to be withdrawn. At a later hearing, a witness who had testified against them stated that police officers had forced [Erdoğan’ın Ergenekon söyleminin evrimi (02.04.2011; Hürriyet): https://www.hurriyet.com.tr/erdogan-in-ergenekonsoyleminin-evrimi-17439829]and in 2015 he said, “Myself first, all of Turkey was exposed to this conspiracy. We were all deceived.” [Erdoğan’dan Ergenekon ve Balyoz itirafı (23.03.2015; Sözcü): https://www.sozcu.com.tr/2015/gundem/ 29 Turkey: Release of Ms. Filiz Kalayci (29.01.2010; International Federation for Human Rights): https://www.fidh.org/en/ erdogandan-ergenekon-ve-balyoz-itirafi-777944/] region/europe-central-asia/turkey/Turkey-Release-of-Ms-Filiz-Kalayci 18 A DEFENSELESS DEFENSE P R O S E C U T I O N O F L AW Y E R S O F T H E İ H D 19