‘If Constitutional Court fails to stop its execution, it will deny its own raison d’être’

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Foreseeing the establishment of more than one bar association in a city, the Bill on Amendments to the Attorneys' Act and Some Laws passed the General Assembly of the Parliament early Saturday (July 11).

Jointly prepared by the ruling Justice and Development Party (AKP) and allying Nationalist Movement Party (MHP), the 28-article law will enter into force after it is signed by President and ruling AKP Chair Recep Tayyip Erdoğan and published on the Official Gazette.

Main opposition Republican People's Party (CHP) previously announced that on the day when the amended legislation was published on the Official Gazette, it would take it to the Constitutional Court.

CLICK - Main opposition CHP to take 'multiple bar associations' to Constitutional Court

As the bill foresees the establishment of more than one bar in cities with over 5,000 registered lawyers, namely İstanbul, Ankara and İzmir, one can ask why other bar associations raise their objections against it.

Kayseri Bar Association Chair Cavit Dursun and Muğla Bar Association Chair Cumhur Uzun have spoken to bianet why they object. 

Concurring that the problem is not only about İstanbul, Ankara and İzmir, Dursun and Uzun have noted that the main reason behind the objection of all 80 bar associations across the country against this bill is that it will pave the way for bar associations to engage in politics.

'Lawyers and bars will never obey'

Starting his remarks, Kayseri Bar Association Chair Cavit Dursun has underlined that lawyers and bar associations will never obey, adding that they will struggle against the law to the end:

"Which bar associations will be affected by this law is not our problem. What is the matter here is an attempt to split and take hold of bar associations with a law. One cannot be a lawyer or legist with a diploma. In order for a person to be a legist, he or she has to risk paying a price for justice and freedoms.

"We have seen what this government has been doing for 18 years, we can also see what else it can do. We are taking a stance against all these, we will maintain this stance of ours.

'What they will establish will not be a bar'

"What they will establish will never be a bar association. They will be mere associations turning a blind eye to unearned income and corruption. When they cannot manage to take hold of something that they want to have, they do it with a tactic of 'divide and rule.'

"As they cannot take hold of legal institutions and defense, they are trying to turn existing associations into 'quasi-bar associations.'

'It is against all articles of the Constitution'

"We will follow up the judicial process at the Constitutional Court. We will explain that this law is against all articles of the Constitution. Submitting petitions in this process, we will explain that the Constitutional Court has to give a ruling of stay of execution.

"We think that, considering the contrarieties, the Constitutional Court will rule for a stay of execution and annulment. If the Constitutional Court does not give a ruling of stay of execution, it will deny its own raison d'être."

'Not law, but politics will be discussed at bars'

Muğla Bar Association Chair Cumhur Uzun has also underlined that the system of multiple bar associations will politicize the bars:

"In the current system, there are lawyers and legists from all political convictions and ethnic identities under the same roof, they are there with their upper identities. However, with the new law, lawyers will split into second or third bar associations for various reasons apart from political ones.

"This division will politically and ethnically affect the bars, which will - in turn - affect the citizens' pursuit for legal remedies. Just as the courts will consider lawyers based on the bars that they are members of, they will also cast a doubt on their own rulings even when their rulings are fair.

"Today, it is said that bar associations are engaging in politics and, for that reason, the adoption of a system of multiple bar associations is necessary.

"But, after this stage, not the law, but politics will be discussed at bar associations, not legal, but political evaluations will be made there. At the very center of 80 bar associations' objection against this law lies the fact that bar associations will be enabled to do politics.

'Don't impair the balance of justice'

"This law is not a matter of İstanbul, İzmir and Ankara, it is a matter of Turkey as a whole. When you draft a law, you take public good into consideration.

"We ask, 'To what right of people do you contribute by introducing this law?' The legislative power is entrusted to the related parties so that they will ensure the welfare and happiness of the people, not so that they will use this power to cater to their own interests.

"If justice is not tampered with, people will be much happier in this country, do not tamper with justice. 'The scale that you have impaired will ultimately weigh you as well one day.' Do not impair the scale of justice." (RT/SD)