Progressive Lawyers Association: We are not safe

* Photo: Gazete Karınca

Click to read the article in Turkish

Published in the Official Gazette on October 13, 2020, a new bylaw now allows that the attorney fees of "counterterrorism officials" are paid by the state in the event that they face an investigation or prosecution.

While the bylaw foresees the payment of up to three attorneys' fees by the state, what has changed with this recent amendment is that local authorities such as governors and sub-governers who have "participated in counterterrorism activities" have also been included in the legislation.

Against this backdrop, the Progressive Lawyers Association (ÇHD) has released a statement entitled "We are not safe."

The statement of the association has underlined that the more the definition of "terror" gets, the more the scope of the bylaw extends:

"While political power holders openly show that they side with torturers under any circumstances and claim the crimes committed in the name of the state, incidents of torture have been increasing incrementally, news of torture have become ordinary and usual and a process of investigation and prosecution without torture has become an exception. In such a process, it gives quite an open message: In a period when the state openly expresses its determination to protect its torturers in rostrums, at the Parliament and on pro-government media channels and has made this determination official with laws, it is impossible for any citizen to feel safe on the street."

What conclusion can be drawn from the bylaw?

Further in its statement, the ÇHD Commission of Struggle against Torture has noted that "the concept of 'terror' is now determined in Turkey based on the needs of the ruling Justice and Development Party (AKP) and the capital owners," raising concerns that this broad definition of terror is then used to "stigmatize every demonstration where the social opposition uses its legal and democratic rights as 'terrorist' acts."

It has also noted that "while the concept of terror is devoid of any legitimacy due to the broadness of its definition that knows no limits, the scope of the definition of those 'who participate in counterterrorism activities' is gradually broadened, again based on the needs of the AKP and capitalists."

Noting that "even the tiniest demand for rights is met with violence by the state" in current conditions in Turkey, the Commission has also shared the following details about the amended bylaw:

"In the first version of the bylaw, it was stipulated that a legal support should be provided in case of an investigation or prosecution on the allegation that they committed crimes; however, with this amendment, they will now also be supported with attorney fees in the event that they are 'the aggrieved party, complainant, involving party, defendant or plaintiff'."

Based on this extended scope of the new bylaw, the ÇHD Commission against Torture has drawn the following conclusion:

"The following personnel falling within the scope of the bylaw can benefit from this legal assistance: The one who tortured, who committed a crime on duty can benefit from this as a suspect or defendant; the one who tortured, who committed a crime on duty or the one who wrote a report against the victim of torture, misstating that s/he 'deforced', can benefit as a victim, complainant or plaintiff; the personnel who tortured, who commited a crime and fall within the scope of the law as a defendant can benefit from it in law cases that are mostly filed to demand damages." (AS/SD)