78 lawsuits and investigations against 69 lawyers in a year

* Photo: Diyarbakır Bar Association

Click to read the article in Turkish / Kurdish

"We, once again, mark the Lawyers' Day in an environment where pressures and occupational problems faced by lawyers are felt extremely intensely and grave legal, political and social crises are taking place."

The Diyarbakır Bar Association held a press statement in front of the Tahir Elçi Conference Hall on April 5 Lawyers' Day yesterday and shared its report regarding the judicial pressures on lawyers with the public.

Prepared by the Lawyers' Rights Center of the bar association, the 60-page report focuses on the investigations and prosecutions launched against lawyers and executive board members of the bar.

The report has underlined that "in addition to the institutional activities of Diyarbakır Bar Association, the professional activities of its members are also faced with investigations and prosecutions."

According to the data shared in the report, "taken together with the Bar Association Chair and Executive Board members on duty in the 2016-2020 period, at least 69 lawyers from the Bar faced at least 78 investigations due to their institutional and professional activities in 2020."

Some of these lawsuits and investigations were as follows:

Detention warrant

"In Urfa-based operations conducted as part of an investigation launched by the Şanlıurfa Chief Public Prosecutor's Office, a warrant was issued against five fellow colleagues from the Diyarbakır Bar on March 12, 2020. As part of this warrant, our two colleagues were detained and a detention warrant was issued against our three colleagues who were not at home."

Operation against 22 lawyers

"On November 20, 2020, as per a decision of the Diyarbakır Penal Judgeship of Peace, an operation was launched to catch and detain our 32 colleagues. As part of this operation, the houses of our 22 colleagues, 21 from our Bar and one from the Adıyaman Bar, were searched; our colleagues were detained with their computers, phones and some books seized.

"Our 20 colleagues from the Diyarbakır Bar Association detained on that day were released by the Security Directorate after their statements were taken. Our one colleague was released on probation by the Penal Judgeship of Peace. The investigation is still ongoing."

Prison sentence for former bar chairs

"Our several colleagues were detained in the 2017-2020 period on the grounds that they allegedly took part in some works of the Democratic Society Congress (DTK), which has been working in Diyarbakır since 2007. Lawsuits were filed against at least 12 colleagues of ours on charge of 'membership of an illegal organization' as per the Article 314/2 of the Turkish Penal Code (TCK) due to some DTK activities that they had participated in.

"Lawyer Fethi Gümüş, the Bar Chair from 1990 to 1994, was sentenced to 7 years, 6 months in prison; similarly, lawyer Mehmet Emin Aktar, the Bar Chair in the 2008-2012 period, and a fellow lawyer from our Bar were also sentenced to 6 years, 3 months in prison. According to the information obtained by our center, five colleagues of ours have been acquitted, while the lawsuits against at least four colleagues are still ongoing."

Lawsuit due to press statement and report

"Two separate lawsuits were filed against former Diyarbakır Bar Chair Ahmet Özmen and Executive Board members who were on duty in the 2016-2018 period due to their activities related to the bar. The press statements put on trial are the following: The text titled 'April 24/ Meds Yeghern We Share the Sorrow of Armenian People' dated April 24, 2017; the text titled 'It is Shameful and Unacceptable to Penalize the Expression Kurdistan' dated December 18, 2017; the report titled 'Hakkari Province Oğul (Tale) Village Kanireş Area (Incident That Happened as a Result of Uncrewed Aerial Vehicle Intervention)' dated September 14, 2017.

"Based on these allegations and upon the request of the Diyarbakır Chief Public Prosecutor's Office, the Justice Ministry gave a 'Permission of Investigation' against the Diyarbakır Bar Association Executive Members on charges of 'publicly provoking the public to hatred and hostility', 'Degrading the Grand National Assembly of Turkey and the Turkish Nation'.

Lawsuit into statement on Armenian genocide

"Similarly, An investigation was launched against Ahmet Özmen, who was the chair of the bar association in the period of 2016 and 2018, and the then Executive Board Members on the grounds of the statement titled 'We Share the Unrelieved Sorrow of the Armenian People' dated April 24, 2018; upon the permission of investigation given by the Justice Ministry, a lawsuit was filed on charges of 'publicly provoking the public to hatred and hostility' and 'degrading the Grand National Assembly of Turkey and the Turkish Nation'. While these two lawsuits were merged later on; the lawsuit is still ongoing."

Investigation into statement on genocide

"The Diyarbakır Bar, on April 24, 2020, released a written statement on '1915 Armenian Deportation' on its website and social media accounts. Over the statement published on the website of the Diyarbakır Bar on April 24, 2020 regarding the genocide committed against the Armenian People, an investigation was launched against the Diyarbakır Bar Chair and Executive Board Members by the Diyarbakır Chief Public Prosecutor's Office."

Investigation into answer to religious authority

"The Diyarbakır Bar Association, indicating that the remarks in the related sermon 'contained hate speech and violated the prohibition of discrimination', released a written statement on its website against the Friday sermon held by President of Religious Affairs Ali Erbaş on April 24, 2020 with the title 'Ramadan: A Training on Patience and Will'. An investigation was launched against our Bar Chair and Executive Board Members over this statement; the investigation is still ongoing."

The press statement ended with the commemoration of Tahir Elçi, a former Diyarbakır Bar Association Chair who was assassinated in the city. (AS/SD)

* Click here for the full report (in Turkish)