On Tuesday is the day of the endangered lawyers.
Three European lawyers associations the European Democratic Lawyers (AED-EDL) the European Association of Lawyers for Democracy & World Human Rights (ELDH) and the European Bar Human Rights Institute (IDHAE), which together represent lawyer’s associations all over Europe, have decided to promote greater public awareness of the severe situation of lawyers in Turkey on the Day of the Endangered Lawyer. For this reason lawyers in different European countries will protest in front of Turkish Embassies and Consulates.
The Day of the Endangered Lawyer is an initiative which was started by AED-EDL in 2010, on behalf of the lawyers of Iran .
Grave human rights violations in Turkey have been reported for many years. Not only human rights organisations like Amnesty International and Human Rights Watch but also the European Union, in the course of the procedures for Turkey’s accession, have clearly denounced these human rights violations which have been committed or tolerated by the Turkish state, say the lawyers in their statement and petition.
These violations have been perpetrated not only against political opponents to the Government but also against minorities, in particular against the Kurdish population in Turkey. They are also directed against lawyers who have the courage to defend the victims of such human rights violations committed by the state. When such lawyers become victims of arbitrary rule, their clients become double victims. They are both victims of state arbitrary rule, and are also robbed of the chance of a fair trial. When lawyers are prevented from fulfilling their professional duties, not only is their personal future and that of their clients in danger, but justice itself is endangered.
These violations have culminated in mass arrests of approximately 50 Turkish and Kurdish lawyers, during raids which were simultaneously carried out in many Turkish cities and provinces on 22 November 2011, in the course of the so-called KCK operation, . Similar actions were carried out on 20 December 2011 against journalists in Turkey, of whom 20 have been arrested.
Many of the arrested lawyers were active as defence advocates in the KCK trial or for Abdullah Öcalan. A lawyer from Italy who intended to observe the KCK trial in Diyarbakir was arrested at Istanbul airport, and deported after one day. The current KCK operation was carried out on the basis of the Turkish Anti-Terror law of 1991.2
Among the lawyers detained were :
Nezahat Pasa Bayraktar, Mahmut Alinak, Ayse Batumlu, Firat Aydinkaya, Mehmet Ayata, Nevzat Anuk, Yalcin Saritas and Ümit Sisligün, Asya Ülker, Aydin Oruc, Bedri Kuran, Cemal Demir, Cemo Tüysüz, Davut Uzunköprü, Dogan Erbas, Fuat Cosacak, Hüseyin Calisci, Mehmet Bayraktar, Mehmet Deniz Büyük, Mehmet Nuri Deniz, Mehmet Sani Kizilkaya, Mensur Isik, Mizgin Irgat, Muharrem Sahin, Mehdi Öztüzün, Mustafa Eraslan, Osman Celik, Sebahattin Kaya, Serkan Akbas, Servet Demir, Sakir Demir, Saize Önder, Veysel Vesek and Yasar Kaya, Cengiz Cicek, Faik Özgür Erol, Hatice Korkut, Ibrahim Bilmez, Ömer Günes
Many of them are still held in custody.
These actions violate basic rights of access to lawyers, and the rights of lawyers to practice their profession without fear and intimidation.
In organising the protest the lawyers affiliated to AED-EDL, ELDH and IDHAE condemn in the strongest possible terms the actions against their colleagues in Turkey and demand the following:
The Turkish Anti-Terror Law of 1991 protects the security of the state at the expense of the freedom and security of individuals, violates international human rights law and must therefore be repealed.
The immediate release of all lawyers detained for political reasons, A fair trial for the defendants in the KCK trial, including permission for foreign legal observers to attend the trial
Respect for the right to self-determination of the Kurdish people
An international independent investigation into the actions noted above with the objective of holding those responsible for these arrests accountable for violations of basic human rights.
The petition which will be presented on Monday is signed by Prof. Bill Bowring, President of ELDH, Mr Gilberto Pagani, President of AED, Mr. Bertrand Favreau, President of IDHAE Mr. Thomas Schmidt, Secretary General of ELDH Mr Hans Gaasbeek, Vice president of AED Coordinator of the commission “defence for the defence“.