Main opposition CHP to take ‘multiple bar associations’ to Constitutional Court

* Photo: CHP - Ankara/AA

Click to read the article in Turkish

Main opposition Republican People's Party (CHP) Chair Kemal Kılıçdaroğlu addressed the reporters following the CHP's Metropolitan Mayors' Meeting in the capital city of Ankara yesterday (July 9).

In response to a question on the bill foreseeing the establishment of more than one bar association in a city, apart from several other changes to the structure of bars and profession of attorneyship, CHP Chair briefly said:

"On the very day when this legislation is published in the Official Gazette, we will appeal against it at the Constitutional Court.

"This system of multiple bar associations is a treason against the unitary structure of the State of the Republic of Turkey. This system is a dagger stabbed right into the heart of the unitary structure.

"Therefore, those who have allowed it, passed it into a law and raised their hands for this end have historical responsibility."

Referring to the Lausanne Treaty, which was signed in 1923 after Turkey's War of Independence, Kılıçdaroğlu noted, "They also wanted multiple bar associations in Lausanne. They are doing the same thing now."

"It was just yesterday that the group deputy chair of the ruling party said, 'Terrorist organizations establish bars.' He said that 'they can do it.' What do you mean by this? What do you mean? They confess it. They say, 'Yes, such things can happen'," Kılıçdaroğlu contended further.

"According to us, a state cannot be ruled with such a mindset. When a state is ruled with such an understanding, we believe that a matter survival can arise and it will lead to polarization, separation and division in the society, which is a great risk for the future of Turkey.

"I have said this everywhere: If there are two governors in a province, there will be problems. If there are two sub-governors in a district, there will be problems. The system of multiple bars needs to be abandoned to ensure the security of unitary structure. Everyone who has a conscience should not raise their hands when this law is taken to vote, they need to reject this."

About the bill

Foreseeing the establishment of more than one bar association in a city, the Bill on Amendments to the Attorneys' Act and Some Laws was submitted to the Parliamentary Speaker's Office on June 30.

According to the bill jointly prepared by the ruling Justice and Development Party (AKP) and Nationalist Movement Party (MHP) MPs, lawyers can register in any bar association if there are more than one bar association in the city. The bill foresees that a bar association will be established by a minimum of 2,000 lawyers if there are over 5,000 lawyers in a city.

According to the figures of the Union of Turkish Bar Associations (TBB), while 17,598 lawyers are registered in Ankara Bar Association, 46,052 lawyers are registered in İstanbul Bar and 9,612 lawyers in İzmir. The total number of registered lawyers across the country is 127,691.

That being the case, the bill "to split bar associations" is likely to affect these three bars with over 5,000 lawyers.

Cutting the number of delegates from large bars representing thousands of lawyers to the Union of Turkish Bar Associations (TBB), the bill is also criticized for reducing the influence of large bar associations in electing the TTB's president and participating in other decision-making functions.

As pointed out by the Human Rights Watch (HRW) in a statement on July 8, "A provincial bar with fewer than 100 lawyers, such as Ardahan in northeastern Turkey, for example, would be represented by 4 delegates, compared with 3 at present. But a bar such as Izmir in western Turkey, with over 9,500 lawyers, which sends 35 delegates, would be entitled to only 5."

Accordingly, the İstanbul, Ankara, and Izmir Bar, Associations which represent 55 percent of the lawyers in Turkey, will be entitled to only 7 percent of all delegates within the national union.

The bill was approved by the Parliamentary Justice Commission on July 6. It is now being debated at the General Assembly. 12 articles of the bill have been approved by the Parliament as of July 9. (EKN/SD)