Page 27 - 2020 Yılında Diyarbakır Barosu Başkanı, Yönetim Kurulu ve Baro Üyesi Avukatlara Yönelik Soruşturma ve Kovuşturmalara Dair Rapor

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LAWYERS’ RIGHTS CENTERAWYERS’ RIGHTS CENTER L LAWYERS’ RIGHTS CENTERAWYERS’ RIGHTS CENTER
1) The Course of the Murder of the President of Our Bar proffesional activities. In this report, the investigations and prosecutions, which are
Association Tahir Elçi, Summary of the Investigation and the manifestation of the systematic pressure against the lawyers of Diyarbakır Bar
Prosecution of Tahir Elçi’s Murder Association, are analyzed in chronological order since Tahir Elçi’s murder. It gives the
impression that a significant part of the investigations and prosecutions in question
In Turkey the Diyarbakır Bar Association has long been except for its professional were opened in retaliation for the efforts of the Diyarbakır Bar Association to prevent
problems also it works about the law, human rights and social issues and preparing human rights violations and its sensitivity in social issues.
reports, the Bar Association helps awareness in society wiyh these activities and also its
identity is one of the highest, and the most influential professional organizations. Fort 2) 12 March 2020 Investigation by Şanlıurfa Chief Public
his reason, the Diyarbakır Bar Association and its members have also been affected Prosecutor’s Office7
by the systematic pressure on lawyers in recent years. In order to better understand On 12 March 2020, within the scope of the investigation carried out by the Şanlıurfa
what happened today, it is necessary to read the trial process that followed with Chief Public Prosecutor’s Office, an arrest warrant and detention were issued for 5
the targeting and murder of Tahir Elçi, the heaviest price paid by the Diyarbakır Bar colleagues who registered in the Diyarbakır Bar Association during the operations
Association. based in Şanlıurfa8.
Tahir Elçi said ‘PKK is not a terrorist organization’ in the ‘Tarafsız Bölge’ program Within the scope of this decision, two colleagues who are members of our Bar
presented by Ahmet Hakan on CNN Türk Channel on 15 October 2015. Fort his Association were detained, and an arrest warrant was issued for three colleagues who
reason, first, the TV channel was fined 700 thousand Turkish Liras and then Tahir Elçi were not at home. Our colleagues who were detained, were released on condition
was detained in Diyarbakır on 20 November 2015 in his bar association’s room and of judicial control after 6 days of detention. Two of our colleagues, who were sued,
was brought to İstanbul. for membership of a terrorist organization within the scope of this operation, were
Tahir Elçi was released by the Bakırköy 2nd High Criminal Court on the condition acquitted at the first hearing. Investigations and prosecutions against our other 3
of judicial control, although the prosecution referred to the court for his arrest and colleagues are stil pending.
indictment was prepared against Tahir Elçi, demanding a prison sentence of up to Three of our colleagues, who had an arrest warrant, later went to Şanlıurfa and
7.5 years for making propaganda for a terrorist organization5. made statements at the Police Department and were released with a request for
8 days after he was detained, the President of the Diyarbakır Bar Association was judicial control. At the first hearing of the lawsuits filed against these two colleagues,
killed on 28 November 2015, while he was making a press statement in front of the a verdict of acquittal was given.
Dört Ayaklı Minare ( Four Legged Minaret) in Diyarbakır Sur.
Since there was a restriction decision on this investigation, it was not possible for our
After Tahir Elçi was killed, an ‘investigation commission’ was established in the colleagues and their attorneys to have information about the investigation file. Our
Diyarbakır Bar Association to conduct the investigation effectively. According to colleagues and their attorneys were only partially informed about the accusation
the information which provided by the investigation commission, the crime scene made from the statements taken at the Şanlıurfa Police Department. Our colleagues
investigation was requested at least 3 times after the murder but each time, the were detained because of the statement of an ‘ anonymous witness who doesn’t
prosecution team, which would conduct an investigation on the scene, left the exist’ as revealed during the trial.
scene due to the sounds of the ongoing conflict.
Many illegal violations have been detected; these are; crime scene investigation 3) The Investigation which Conducted by the Diyarbakır Chief
only 111 days after Tahir Elçi’s murder, A 13- second interruption has been detected Public Prosecutor’s Office on 20 November 2020
in some camera recordings including the shooting moment, two years after the
murder, camera footage of a workplace was resolved in 2017 and some records On 20 November 2020, an operation was launched against 32 colleagues to arrest
were not available, the Public Officials under suspicion were heard not as ‘ suspects’ and detain them on the grounds of the decision made by the Diyarbakır Criminal
but as ‘ knowledgeable’ or ‘ witnesses’, the report which prepared by the Chief Civil Court of Peace. In this operation, the homes of 22 colleagues, 21 of whom are
Inspector and sent by the Interior Ministry was hidden. members of our Bar Association and 1 of whom are members of the Adıyaman Bar
Association, were searched, their computers, phones and some boks were seized
The indictment which prepared 4 years and 4 months later regarding the murder of and they detained9
Tahir Elçi, was accepted by the Court. At the first hearing held on 21 October 2020,
due to the court’s insistence on hearing the defendants through the SEGBİS system 20 colleagues who were detained, were released by the Police Department on the
and a series of unlawful decisions, the lawyers of the Elçi family demanded a refusal same day after their statements were taken. A colleague of ours was released by the
against the court members so the hearing was suspended6. Criminal Court of Peace on the condition of judicial control. Our 5 colleagues, who
A criminal investigation has been initiated for words spoken by a defense organization, were not at home during their houses were searched, they went to the Prosecutor’s
a bar association president in a TV show, an arrest warrant has been issued for Elçi Office and gave a statement later. The investigation against our colleagues is stil
and then he was killed, and all of these are a part of the systematic attack on the pending and their items which seized during the search have stil not been returned.
Diyarbakır Bar Association and are the worst. Since there was a restriction decision about this investigation which conducted against
Attacks and harassments against our profession and colleagues continue to 32 lawyers, we couldn’t Access the investigation file. However, as understood from the
increase even after that day. Lawyers are detained, arrested and punished for their decision of the Criminal Court of Peace, it was determined that our colleagues were

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