Court removes İstanbul Bar board over statement on killed Kurdish journalists

A court has removed the president of the İstanbul Bar Association, İbrahim Özden Kaboğlu, and all board members from office, citing their statement on the deaths of two journalists in a December airstrike in northern Syria.

The İstanbul 2nd Civil Court of First Instance delivered its ruling during today's session, dismissing requests to hear witnesses and obtain an opinion from the Union of Turkish Bar Associations (TBB). It also rejected the defense’s motion to recuse the judge, citing a lack of convincing evidence. The trial will continue on charges against the board members.

Citing Article 77/5 of Turkey’s Attorneyship Law, the court ruled that the board members had acted outside the scope of the bar’s mandate and terminated their positions. New board members must be elected within one month after the ruling becomes final. The decision can be appealed to the regional court within two weeks of its official notification.

The article cited by the court allows for the dismissal of bar association board members if they engage in activities beyond their legally defined responsibilities.

İstanbul Bar executives face up to 12 years in prison over statement on journalists killed in Syria

25 February 2025

Tensions in the courtroom

Due to the large number of observers, the hearing was moved to the larger courtroom. Among those present were TBB President Erinç Sağkan, bar presidents from across the country, lawyers, and international observers.

Speaking in his defense, İstanbul Bar President Kaboğlu said, “Any ruling made here will be overturned by an appeals court, the Court of Cassation, the Constitutional Court, or the European Court of Human Rights. Our requests are being rejected without justification. This is not in line with the Constitution. Our right to a fair trial and to be presumed innocent is being violated. Even during times of war, these rights cannot be infringed.

“The İstanbul Chief Prosecutor’s Office has violated our rights by targeting us. Bar associations are accountable to their general assemblies. Our four months in office were reviewed in the extraordinary general assembly held on Feb 23, 2025, and we were cleared. We’ve only seen Fırat Epözdemir on screen, there was no legal basis for his detention. Independent courts are obligated to protect the rule of law and democracy.”

Former İstanbul Bar President Turgut Kazan also addressed the court, saying, “From your interim rulings, I get the impression that you have already decided to accept this case. I’ve been a lawyer for 64 years. The prosecutor doesn’t even understand why Article 58 of the Attorneyship Law was amended. I need time to explain, but we’ve been here since morning. Please postpone the hearing.”

Board member Rukiye Leyla Süren protested the hearing conditions, saying, “My lawyer stepped out to get air. How am I supposed to make a statement? This is a violation of human rights. I won’t speak without my lawyer present.” The judge then ordered a 15-minute recess.

When the hearing resumed, the judge ordered the courtroom cleared. Lawyers refused to leave, chanting “Justice, Law, Freedom” and “We won’t be silent, we won’t be afraid, we won’t obey.” They then filed a motion to recuse the judge and left the courtroom while continuing their protest.

Outside the courtroom, the lawyers attempted to make a press statement inside the İstanbul Courthouse, but police warned them that doing so would violate the Law on Public Meetings and Demonstrations.

Background

The case stems from a Dec 19 airstrike in northern Syria that killed two journalists, Cihan Bilgin, a reporter for Syria-based Hawar News Agency (ANHA), and freelance journalist Nazım Daştan, who had contributed to Fırat News Agency (ANF).

Turkey was accused of carrying out the strike, drawing international criticism. The Turkish government, which regularly targets Kurdish-controlled areas in Syria, did not claim responsibility.

Following the incident, the İstanbul Bar Association issued a statement saying that targeting journalists in conflict zones is a violation of international humanitarian law and the Geneva Conventions. Attacking civilians not engaged in hostilities is a war crime under the Rome Statute.

Shortly after, prosecutors indicted Kaboğlu and 10 board members, alleging terrorism-related offenses. The indictment claimed that Bilgin and Daştan were members of the Kurdistan Workers’ Party (PKK) and accused the bar of portraying them as civilians to “legitimize the use of violence” by a terrorist organization. Prosecutors also argued that the statement had “disturbed public order.” (VK)