Diyarbakır Bar raises concerns about legal security in Turkey

* Photo: Diyarbakır Bar Association

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The Diyarbakır Bar Association marked the beginning of the new judicial year in Turkey in front of the Diyarbakır Courthouse today (September 1).

Recalling that today is also the World Peace Day, the Diyarbakır Bar raised concerns that the assassination of former Diyarbakır Bar Association Chair Tahir Elçi has not yet be solved. Referring to the judicial process, the statement of the bar association briefly read:

"Even though the file has been turned into a court case with an indictment following a long and deficient investigation process, the witness statements taken at the last hearing once again manifested how deficiently and manipulated the investigation was carried out."

The bar stressed that it would continue its legal struggle so that the perpetrators would be identified and penalized with an effective prosecution.

Emphasis on 'fair trial'

The Diyarbakır Bar stated that in a society where the defense, namely lawyers, is not free and effective, the freedom of no one is guaranteed, noting that "in a system where the findings, works and recommendations of lawyers regarding professional, social and legal matters are not taken into account, one cannot talk about legal security or an independent judiciary."

"It cannot be the case in a democratic society that the struggle waged by bar associations against human rights violations is sometimes criminalized and subjected to investigations," the bar said.

"With the developments that have occured in the country in the last years, legal security has reached a concerning point and fundamental and universal rules of law such as the right to a fair trial, particularly the judicial independence, are practically disregarded," it added.

Referring to the State of Emergency declared in Turkey after the coup attempt on July 15, 2016, the Diyarbakır Bar noted that a series of developments such as the restrictions on fundamental rights, discharges in violation of the right against self-incrimination, the closure of democratic organizations, media outlets and associations, the replacement of elected mayors by appointed trustees and imprisonment of MPs with their legislative immunity lifted inflicted serious damage on democratic system, which was already fragile, and the functioning of this system.

"Despite all these unfortunate events, the responsibility of the judiciary is to ensure the fair trial of all citizens as well as the effective investigation and trial of the state officials who committed crimes against citizens," the Diyarbakır Bar Association indicated further.

Concluding its remarks, the Diyarbakır Bar said, "The Diyarbakır Bar Association will keep resisting all such interventions, especially against the ones into the field of freedoms and democratic gains, with its rights-based practice stemming from the past." (AS/SD)