Legal organizations call on Constitutional Court to repeal the law of multiple bars

* Photo: Muhammed Selim Korkutata - Ankara/AA

Click to read the article in Turkish

Before the Constitutional Court convenes to examine the objection to the law foreseeing the establishment of more than one bar association in a city, lawyers' organizations have released a statement.

In their joint statement, the organizations have underlined that the amendment introduced to the Attorneys' Act is "a historical mistake."

The statement has been signed by the following organizations: Legists for Justice, Lawyer Rights Group, Lawyer Movement, Lawyers' Union, Progressive Lawyers Group, Progressive Lawyers Association (ÇHD) İstanbul Branch, Legists for Democracy (DİH), Law Movement Platform, Kartal Legists Association, Participatory Lawyers (KAV), Principles First Progressive Lawyers Group, Principles First Lawyers Group Rising Movement, Libertarian Democrat Lawyers (ÖDAV), Legists for Freedom Association (ÖHD) İstanbul Branch, Social Law, Societal Law.

'It is against the Constitution'

According to the statement, the amendment to the Attorneys' Act and the provisions pertaining to multiple bar associations and changes in the delegate structure of Union of Turkish Bar Associations (TBB) are against the following principles and articles of the Constitution:

"...The Articles 9 and 138 on judicial independence; the principle of rule of law as per the Article 2; the principle of fair trial, effectiveness of defense and freedom to seek legal remedies as per the Article 36; the Article 135 governing the basic principles as to the professional organizations in the capacity of public institutions; the Article 67 as to the principle of justice in representation and equality..."

Accordingly, the statement has noted, "In the event that this unlawful law, which is against the essential features of Constitutional system, is put into force, it will lead to irreparable consequences and, therefore, the Constitutional Court has to halt its execution and give a ruling of annulment."

'Just as more than one HSK is not possible...'

Referring to the duties of bar associations in terms of lawyers' professional principles and personnel affairs such as discipline and internship, public duties as per the Code of Criminal Procedure (CMK) and legal aid and other judicial duties, the legal organizations have stated:

"Just as it is not possible to establish more than one Board of Judges and Prosecutors (HSK) due to its judicial function and public mandates, it is also not possible to establish more than one bar association. The judicial function of the defense organization, its public duties and mandates cannot be divided, multiple bar associations cannot be established.

"As required by its judicial function, the jurisdiction of a bar association needs to be related with the geographical borders surrounding a jurisdiction. The establishment of a bar association unrelated to its geographical and jurisdictional borders and judicial functions is incomprehensible.

"In that case, the professional solidarity among lawyers will be destroyed and professional grounds will be de facto undermined.

"Splitting professional organizations that have public duties and mandates will reduce them to the status of mere associations. Not only will it destroy the professional solidarity, but it will also undermine the unity in professional principles, inspection of public services such as the CMK and legal aid and the inspection of the bar association itself and its commissions. It will, therefore, be against public good." (AS/SD)