Among the lawyers
detained were :
Nezahat Pasa
Bayraktar, Mahmut Alinak, Ayse Batumlu, Firat Aydinkaya, Mehmet Ayata, Nevzat
Anuk, Yalcin Saritas and Ümit Sisligün, Asya Ülker, Aydin Oruc, Bedri Kuran,
Cemal Demir, Cemo Tüysüz, Davut Uzunköprü, Dogan Erbas, Fuat Cosacak, Hüseyin
Calisci, Mehmet Bayraktar, Mehmet Deniz Büyük, Mehmet Nuri Deniz, Mehmet Sani
Kizilkaya, Mensur Isik, Mizgin Irgat, Muharrem Sahin, Mehdi Öztüzün, Mustafa
Eraslan, Osman Celik, Sebahattin Kaya, Serkan Akbas, Servet Demir, Sakir Demir,
Saize Önder, Veysel Vesek and Yasar Kaya, Cengiz Cicek, Faik Özgür Erol, Hatice
Korkut, Ibrahim Bilmez, Ömer Günes
Many of them are
still held in custody.
These actions
violate basic rights of access to lawyers, and the rights of lawyers to
practice their profession without fear and intimidation.
For these reasons
three European lawyers associations the European
Democratic Lawyers (AED-EDL) the European
Association of Lawyers for Democracy & World Human Rights (ELDH) and
the EUROPEAN
BAR HUMAN RIGHTS INSTITUTE (IDHAE),which together represent lawyer’s associations all over Europe, have
decided to promote greater public awareness of the severe situation of lawyers in
Turkey on the Day of the Endangered Lawyer. For this reason lawyers in
different European countries will protest in front of Turkish Embassies and
Consulates.
The Day of the
Endangered Lawyer is an initiative which was started by AED-EDL in 2010, on
behalf of the lawyers of Iran
.
Annex:
Turkey’s legal obligation concerning civil and political rights
Turkey has ratified the International Covenant on Civil and Political Rights
which provides in part:
Article 1 (1) All
peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic,
social and cultural development.
Article 2 (1)
Each State Party to the present Covenant undertakes to respect and to ensure to
all individuals within its territory and subject to its jurisdiction the rights
recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
Article 9 (1)
Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention.
Article 18 (1)
Everyone shall have the right to freedom of thought, conscience and religion.
This right shall include freedom to have or to adopt a religion or belief of
his choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
Article 19 (1)
and (2) Everyone shall have the right to hold opinions without interference.
Everyone shall have the right to freedom of expression; this right shall
include the freedom to seek, receive, and impart information and ideas of all
kinds…
The actions of
the Turkish Government mentioned above violate these provisions of the
Covenant.
Furthermore,
AED-EDL, ELDH and IDHAE have observed over the years that with respect to the
Kurdish population the government of Turkey and certain right wing
forces have demonised those who identify themselves as Kurdish, and have
painted all Kurdish activists using the broad brush of the definition of
“terrorism” in the Anti-Terror Law.
Turkey’s obligations concerning the rights of lawyers
AED-EDL, ELDH and
IDHAE remind the government of Turkey
of the rights of lawyers to defend their clients vigorously without adverse
consequence as follows:
1. Absolute
privilege attaches to any statements made by judges, witnesses and advocates
during the course of judicial or quasi-judicial proceedings. The principle and
the immunity it provides from both civil and criminal proceedings has been of
primary importance to the integrity of common law legal systems for over three
hundred years. The parameters of the doctrine of absolute privilege, which have
remained constant, were enunciated in 1772 by Lord Mansfield in R v. Skinner.
“Neither party, witness, counsel, jury, or Judge, can be put to answer, civilly
or criminally, for words spoken in office.”
2. The Basic
Principles on the Role of Lawyers adopted by the Eighth United Nations Congress
on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27
August to 7 September 1990, provides international legal standards concerning
the rights, responsibilities, and protections for lawyers. Some of those
Principles are as follows:
Article 14.
Lawyers, in protecting the rights of their clients and in promoting the cause
of justice, shall seek to uphold human rights and fundamental freedoms
recognized by national and international law and shall at all times act freely
and diligently in accordance with the law and recognized standards and ethics
of the legal profession.
Article 15. Lawyers
shall always loyally respect the interests of their clients.
Article 16.
Governments shall ensure that lawyers (a) are able to perform all of their
professional functions without intimidation, hindrance, harassment or improper
interference; (b) are able to travel and to consult with their clients freely
both within their own country and abroad; and (c) shall not suffer, or be
threatened with, prosecution or administrative, economic or other sanctions for
any action taken in accordance with recognized professional duties, standards
and ethics.
Article 17. Where
the security of lawyers is threatened as a result of discharging their
functions, they shall be adequately safeguarded by the authorities.
Article 18.
Lawyers shall not be identified with their clients or their clients' causes as
a result of discharging their functions.
Article 20.
Lawyers shall enjoy civil and penal immunity for relevant statements made in
good faith in written or oral pleadings or in their professional appearances
before a court, tribunal or other legal or administrative authority.
Article 22.
Governments shall recognize and respect that all communications and
consultations between lawyers and their clients within their professional
relationship are confidential.
Article 23.
Lawyers like other citizens are entitled to freedom of expression, belief,
association and assembly. In particular, they shall have the right to take part
in public discussion of matters concerning the law, the administration of
justice and the promotion and protection of human rights and to join or form
local, national or international organizations and attend their meetings,
without suffering professional restrictions by reason of their lawful action or
their membership in a lawful organization. In exercising these rights, lawyers
shall always conduct themselves in accordance with the law and the recognized
standards and ethics of the legal profession.
3. These same
principles are recognized by the United Nations in General Assembly Resolution
53/144 entitled the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms.
