Lawyers from around the world announce support for Progressive Lawyers Association

Drawing: Murat Başol

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Several lawyers' groups from around the world, including France's National Bar Council and bar associations of Berlin, Amsterdam, Brussels and Bologna have announced support for the Progressive Lawyers Association, whose members have been on trial for seven years.

"We wholeheartedly and without reservation support you in your request for acquittal and immediate release," the groups said in the letter.

The ÇHD İstanbul Chair read out a letter sent by the organizations at today's (January 5) hearing of the ÇHD case.

The hearing of 22 lawyers from the ÇHD and the People's Law Bureau (HHB) will take place at the Silivri Prison Complex Courtroom between today and January 7.

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Two of the defendants, ÇHD Chair Selçuk Kozağaçlı and lawyer Barkın Timtik, have been remanded in custody for five years.

The prosecutor who was on September 15 appointed to the case that has been continuing for seven years and submitted their opinion as to the accusations on November 17, demanding the punishment of Kozağaçlı for "managing an illegal organization" and the other defendants for "being a member of an illegal organization."

Full text of the letter by the lawyers' groups:

With this letter, we would like to support you in the hearings of January 5, 6 and 7, 2021, which will take place before the 18th Chamber of the High Criminal Court of Istanbul.

We have observed the hearings of this trial between 2013 and 2021 and have conducted fact-finding missions on several occasions. It is clear from our observations and investigations that the trial against you is essentially political, has not met the guarantees of a fair trial, and has directly undermined the independence of lawyers.

Indeed, among other things, we have noted the following.

First, in violation of the right to be judged by an independent and impartial tribunal, in accordance with article 6 of the European Convention on Human Rights, and the United Nations Basic Principles on the Independence of the Judiciary, the composition of the bench changed several times during the nine years of proceedings, without the trials being resumed ab initio.

Second, it is clear from the material facts of which you have been accused that it is because of the exercise of your profession that you are the subject of criminal proceedings. However, in accordance with articles 16, 18 and 23 of the United Nations Basic Principles on the Role of Lawyers, lawyers may not be hindered, intimidated, harassed or interfered with in the exercise of their profession; they must enjoy their freedom of expression and association, in particular by taking part in any public discussion relating to justice and human rights; and they may in no case be aligned with their clients the causes of their clients. Under no circumstances can the fact that you have represented and ensured the respect of the fundamental rights of persons accused of terrorism be the basis for your accusations.

Third, with regard to the equality of arms and the time and facilities necessary to organize your defense, under article 6 of the European Convention on Human Rights, we are gravely concerned by the successive refusals to accede to your requests for additional discovery of facts, although some of them were finally granted to you during the last hearing on November 17, 2021. We support your requests for additional time to prepare your defense, following the completion of the investigative process. We would be compelled to find further violations of due process, if these were again denied you.

Fourth, we can only note the violation of the ne bis in idem principle and of the right to be judged within a reasonable time, in defiance of article 6 of the European Convention on Human Rights. Indeed, your proceedings were initiated in 2013, about nine years ago, while in 2019, several of you were tried for the same facts, with the same evidence, by the 37th Criminal Chamber of the Istanbul High Court.

Under these circumstances, we wholeheartedly and without reservation support you in your request for acquittal and immediate release, which are the only remedies capable of redressing the violations of fair trial and the independence of lawyers.

Finally, we would like to express to you that the quality of your work in the defense of human rights is an honor to our profession. In this regard, we assure you of the international recognition of your commitment and the repression you suffer as a result, notably through the Lawyers for Lawyers Award received by Selçuk Kozagacli in 2019, through the Ludovic Trarieux Prize received by Barkin and Ebru Timtik in 2020, and through the inauguration of the International Fair Trial Day and the Ebru Timtik Award, on June 14, 2021, by almost a hundred bar associations and legal organizations calling for the respect of fair trial and Rule of Law in Turkey.

You can therefore count on our support in the future