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ISTANBUL BAROSU ASSOCIATION September 23, 2013 Attorney-at-Law Aydeniz Alisbah Tuskan Board Member of Istanbul Bar Association Who Defends the Lawyers in Turkey? Conference by JUDICIARY IN TURKEY • • • • Independant judiciary as the ultimate safeguard for rights and freedoms Dependant judiciary as the arch-enemy of rights and freedoms Independent and Impartial Judiciary: SPINE OF SOCIETY Turkey suffering from paraplegia = nothing but advanced fascism OPPRESSION TOWARDS LAWYERS IN TURKEY • • • • RESTRICTION on defense rights LAWYERS EXPELLED from courtrooms DEFAMATION of lawyers LAWYERS AND BAR ASSOCIATION DISREGARDED LAWYERS’ OFFICES SEARHED 21.01.2013 POLICE BROKE IN LAWYERS’ OFFICES • • • Criteria of necessity and proportionality disregarded Lawyers detained Contrary to the Criminal Procedural Code, Turkish Attorneyship Code, law, universal rules and the honor of attorneyship profession PRESS MEETING-23.01.2013 TRIAL AGAINST PRESIDENT AND 9 BOARD MEMBERS OF ISTANBUL BAR ASSOCIATION • On charges of «ATTEMPTING TO INFLUENCE THE MEMBERS OF JUDICIARY» • • • Demand of imprisonment from 2 to 4 years Article 277 of the Turkish Criminal Code Because we asked for fair trial, compliance with the procedural rules and respect towards the attorneyship profession and the honor of the profession in Sledgehammer (Balyoz) case EXTRAORDINARY GENERAL ASSEMBLY OF ISTANBUL BAR ASSOCIATION 17.03.2013 • Istanbul Bar Association decides to hold an Extraordinary General Assembly in response to the intimidation efforts and the criminal proceedings against the President and 9 other Board Members of the bar. • General Assembly held on March 3, 2013 with the participation of thousands of Turkish lawyers as well as representatives from foreign legal institutions and bar associations INTERNATIONAL SUPPORT • • Council of Bars and Law Societies of Europe (CCBE) • • • • • • • • • Bundesrechtsanwaltskammer (BRAK) International Association of Lawyers (UIA) Vice-President of the German Federal Bar (BRAK) Dr. Michael Krenzler European Criminal Bar Association (ECBA) Berlin Bar Association Croatian Bar Association Thessalonniki Bar Association Turkish Republic of Northern Cyprus Bar Association Turkish Cypriot Lawyers Deutscher Anwatsverein (DAV) Atatürk Thought Foundation, England Atty.Assoc.Prof.Ümit Kocasakal President of Istanbul Bar Association WE DID NOT SURRENDER TO UNLAWFULNESS! WE ARE READY TO PAY ANY PRICE WE ONLY DEFENDED LAW SILIVRI PENITENTIARIES CAMPUS NO JUSTICE WITHOUT DEFENSE! CRIMINAL COMPLAINT AGAINST THE PRESIDENT OF ISTANBUL BAR ASSOCIATION IN SLEDGEHAMMER CASE DEFENSE HINDERED, ROBES TAKEN OFF! SOLIDARITY OF LOCAL BARS IN TURKEY «WE ASK FOR FAIR TRIAL» CRIMINAL PROCEEDINGS AGAINST THE PRESIDENT AND BOARD MEMBERS OF ISTANBUL BAR ASSOCIATION FIRST HEARING-17.05.2013 17.05.2013 SILIVRI COURTHOUSE FLOODS WITH DEFENSE INTERNATIONAL SOLIDARITY AND SUPPORT Observation missions from international legal organizations and foreign bar association were there to support Istanbul Bar Association: • • • • • • • International Association of Lawyers (UIA) Council of Bars and Law Societies of Europe (CCBE) International Bar Association Human Rights Institute (IBAHRI) Conseil National des Barreaux (CNB) European Criminal Bar Association (ECBA) European Lawyers for Democracy and Human Rights (ELDH) Lawyers for Lawyers • • • • • • • • • • Fair Trial Watch Conférence des Bâtonniers Deutscher Anwaltverein (DAV) Bundesrechtsanwaltkammer (German Federal Bar Association-BRAK) Athens Bar Association Amsterdam Bar Association Paris Bar Association Hamburg Bar Association Berlin Bar Association Mulhouse Bar Association TRIAL OF ISTANBUL BAR ASSOCIATION IN PRESS 5000 LAWYERS TO DEFEND ISTANBUL BAR ASSOCIATION FOREIGN JURISTS COME FOR SUPPORT FIRST HEARING ADJOURNED POLICE EQUIPPED WITH PEPPER SPRAYS IN COURTHOUSE FOR BAR ASSOCIATION’S TRIAL GEZI EVENTS PRESS MEETING- 04.06.2013 POLICE BRUTALITY IN GEZI EVENTS FREE WILL OF CITIZENS DISREGARDED In response to the peaceful protests of the citizens using right of assembly, police used; • • • Unlawful Illegal Disproportionate power VIOLENCE AGAINST PEOPLE CANNOT BE TOLERATED • In a state governed by the rule of law, police forces do not have the right to use forcible means, the intensity of which is determined by them! • Right to assembly is among the legitimate rights of the citizens in the democratic societies provided that they do not reach the level of violence and assault. • Government’s respect and tolerance towards this right is a requirement for a state governed by the rule of law. ISTANBUL BAR ASSOCIATION DEFENDING CITIZENS’ RIGHTS • Criminal complaint filed to Istanbul Chief Public Prosecutor’s Office on the following day of the outbreak of the events- 31.05.2013 • Legal assistance by Istanbul Bar Association to those physically and/or psychologically injured during the events • • • Istanbul Bar Association Crisis Management Center (Pro Bono-Legal Aid) 800 lawyers appointed to offer legal aid Legal counselling offered to 17.000 citizens who called our «Bar Association lines. GEZI EVENTS PHYSICAL ASSAULT TO LAWYERS IN ISTANBUL JUSTICE PALACE (ÇAĞLAYAN COURTHOUSE) • Unprecedented police violence against lawyers in Çağlayan Courthouse on 11.06.2013 • Incompatible with the honor and respectability of attornesyhip profession • Lawyers in robes dragged on the floor by the riot police • 49 Lawyers ARRESTED IN THE HEART OF JUSTICE! PRESS RELEASE OF PRESIDENCY OF ISTANBUL BAR ASSOCIATION IN ÇAĞLAYAN COURTHOUSE 12.06.2013 • Hundreds of lawyers gathered in Çağlayan Courthouse TO CONDEMN ATTACKS on 12.06.2013 • 49 arrested colleagues released following the meeting of the President of Istanbul Bar Association Att. Assoc. Prof. Ümit Kocasakal and Board Members with the Chief Public Prosecutor on 11.06.2013. LAWYERS PHYSICALLY ATTACKED! Thanks to Milliyet for this video, which clearly displays the events in Çağlayan Courthouse on 11.06.2013. LAWYERS ATTACKED 04.07.2013 • • • • Lawyers attacked Police only to STAND-BY Press release by the Presidency of Istanbul Bar Association-08.07.2013 Istanbul Bar monitors the process WE FULFILL DEFENSE DUTY DEFENSE DUTY IS DIVINE! INTIMIDATION TOWARDS CITIZENS 17.07.2013 • • Houses and dormitories raided, citizens detained JUST BECAUSE THEY EXERCISED THEIR CONSTITUTIONAL AND LEGITIMATE RIGHT TO PROTEST • • Detentions as a way of INTIMIDATION! Individuals shall have the right to dislike, criticize. REAL DEMOCRACY IS A MUST! • While monitoring and putting down all these unlawful practices as Istanbul Bar Association, we call all the relevant authorities to comply with law and abandon these sorts of fascistic acts. • History has previously displayed that people cannot be silenced with oppression and violence. WHO DEFENDS THE LAWYERS IN TURKEY? • • • • Lawyers for Lawyers! Bar Associations for Lawyers! Lawyers for Citizens! Istanbul Bar Association-135 years of history DEVOTED TO DEFENSE OF RIGHTS AND DEFENSE OF DEFENSE HANDS OFF FROM DEFENSE! WE WILL NOT REMAIN SILENT! JUSTICE FOR PEOPLE, DEFENSE FOR JUSTICE! DEFENSE RESISTS! Thanks for your attention! CONTACT DETAILS: Istanbul Bar Association Orhan Adli Apaydın Sokak Baro Han Beyoğlu-Istanbul TÜRKİYE Tel: +90 212 251 63 25 Fax: +90 212 293 89 60 E-mail: information@istanbulbarosu.org.tr