Phon van den Biesen Ramazan Demir Jaarcongres 2014

Jaarcongres 2014
Nederlandse Orde van Advocaten
Phon van den Biesen
Voorzitter L4L
spreekt met
Ramazan Demir
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Ramazan Demir
Ramazan and his colleagues attacked by the
police when they wanted to submit petitions
for the release of detained ÇHD lawyers
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Ramazan Demir
•
16 July 2013: charged with criminal
defamation
•
7 November 2013: Istanbul Bar Association
initiates disciplinary investigation
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NGO in special consultative status with ECOSOC
Trial observation - KCK trial
•
November 2011: 46 lawyers are arrested in
the KCK-case
•
Trial observations in July and November 2012,
January and March 2013 and March 2014
•
The last 9 lawyers that remained in pre-trial
detention were released after 2 ½ years, on 18
March 2014
•
Next hearing in November 2014
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Trial observation - ÇHD trial
• 18 January 2013: police raid lawyers’
offices, and arrests 12 lawyers
• Some of them were representing the 46
lawyers arrested in November 2011
• 21 March 2014: the last 5 remaining
lawyers in pre-trial custody were
released
• Next hearing in November 2014
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ÇHD lawyers
Selçuk Kozağaçlı
• The lawyers were consulting victims in
Soma where a coal mine disaster
resulted in the death of 301 people
• Photo: Lawyer beaten by police
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Gezi Park
Ismail Demirci
Lawyers helping protesters Gezi Park were
harassed
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Trial observation - Silivri
Ümit Kocasakal
• President of the Istanbul Bar Association and
members of its board put on trial in Silivri
• Accused of influencing the judge during the socalled 'Sledgehammer'-case
• Eventually acquitted after several hearings
• L4L was present at all the hearings (on 17 May
2013, 7 January 2014 and 24 February 2014) and
was accompanied by representatives of Bar
Associations from the Netherlands
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Güzilar Tuncer
•
On 16 September 2000, Gülizar Tuncer took part in a
protest organized by the Contemporary Lawyers
Association against high security prisons
•
She was detained together with another 29 lawyers
and dragged along the ground.
•
The police officers concerned were convicted in first
and second instance, but the Court of Cassation
declared the proceedings statute-barred in 2009
•
In 2010 Tuncer filed complaints to the ECHR, stating
that the policemen were left unpunished and
complaint of lack of a through investigation and
police violence.
•
In February 2014, Turkey was found guilty of
violating the European Convention of Human Rights
Article 3 on the ban of “ill-treatment and torture”.
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NGO in special consultative status with ECOSOC
Trial observation Filiz Kalayci
•
In pre-trial detention 27 May 2009 until 30
January 2010
•
Trial observations in March, October and
November 2012 and January 2013
•
Kalayci and her 3 colleagues convicted on
charges of being ‘members of a terrorist
organization’
•
They are sentenced to 7 ½ and 6 ½ years in
prison; currently in appeal
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NGO in special consultative status with ECOSOC
Bahri Baylam Belen
• Well-known lawyer
• Attacked by the families of defendants
during a hearing in Çağlyan court
• Police did nothing to protect him
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NGO in special consultative status with ECOSOC
UN Basic Principles on the Role of
Lawyers
• Access to lawyers and legal services
• Special safeguards in criminal justice matters
• Qualifications and training
• Duties and responsibilities
• Guarantees for the functioning of lawyers
• Freedom of expression and association
• Professional associations of lawyers
• Disciplinary proceedings
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NGO in special consultative status with ECOSOC
12
Basic Principles: duties and
guarantees
Article 15:
Lawyers shall always loyally respect the interests
of their clients
Article 18:
Lawyers shall not be identified with their clients
or their clients’ causes as a result of discharging
their functions
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NGO in special consultative status with ECOSOC
13
Guarantees for the functioning of
lawyers
Article 16:
Governments shall ensure that lawyers
(a) are able to perform all of their professional functions without
intimidation, hindrance, harassment or improper interference; ( … ) 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 22:
Governments shall recognize and respect that all communications and
consultations between lawyers and their clients within their professional
relationship are confidential.
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NGO in special consultative status with ECOSOC
14
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