Page 30 - 2020 Yılında Diyarbakır Barosu Başkanı, Yönetim Kurulu ve Baro Üyesi Avukatlara Yönelik Soruşturma ve Kovuşturmalara Dair Rapor

DIYARBAKIR BAR ASSOCIATION DIYARBAKIR BAR ASSOCIATION
LAWYERS’ RIGHTS CENTER LAWYERS’ RIGHTS CENTER

in accordance with the provisions of Law No. 1136 on Attorneys. After the
announcement on 19.06.2020, the Ministry decided to ‘allow an investigation’ for
‘ public insulting’ ‘ The Turkish Nation, The Republic Of Turkey, The Turkey Grand
National Assembly, The Government Of The Turkey Republic and the judicial bodies
of the state. Subsequently, as a result of the investigation which carried out, the file
was again sent to the Ministry of Justice for permission to prosecute and the Ministry
also gave permission to prosecute. Thereupon, the file was sent to the Batman
High Criminal Court to decide whether to open a final investigation in accordance
with the Provisions of the Attorneyship Law, as a result of trial made over the file,
the Court decided to ‘open the final investigation’ and sent the file to the Diyarbakır
High Criminal Court on Duty.
2 - A written statement was published on the website of the Diyarbakır Bar
Association, stating that the statements made by the Head of Religious Affairs, Ali
Erbaş, in the Friday sermon titled ‘ Ramadan : Patience and Will Training’ on April
24, 2020 ‘ Contain hate speech and violate the prohobition of discrimination16’
. Due to the complaint of a person named R.Y regarding this statement, an
investigation was initiated against the Bar Association President and the Board
Members, the investigation is still pending.17
3 - Diyarbakır Bar Association published a written statement regarding the
‘Armenian Deportation in 1915’ on its website and social media accounts on 24
April 202018
Due to the written pres statement published on the website of the Diyarbakır Bar
Association on 24.04.2020 regarding the events and the subsequent genocide
against the Armenian People, an investigation was initiated by the Diyarbakır Public
Prosecutor’s Office against the President of the Diyarbakır Bar Association and Board
Members. This investigation is still pending.

4 -The President of our Bar Association Cihan Aydın, who attended the interrogation
of a colleague who was referred to the Criminal Magistrate’s Office for arrest on 28
June 2020, and during the hearing the Judge insulted oır colleagues; Lawyer Yunus
Muratakan and Lawyer Mehmet Nuri Deniz due to the procedural discussion with the
Judge, the Judge did not record what happened in the hearing, the Judge did not
refer the report of the incident, kept by our colleagues, to the file. A joint statement
was made by 51 Bar Associations regarding this incident19 and the Judge was
condemned for her /his insults and behaviour towrds our Bar Association President
and colleagues, and the Supreme Council of Judges and Prosecutors was invited to
the necessary. After this statement, upon the criminal complaint made by the Criminal
Judge of Peace,the President our Bar Association and our colleagues were informed
about the Article 6/ 1 of the Anti Terror Law; ‘ …….. those who declare or publish the
identity of Public Officials who took part in the fight against terrorism or those who
target people in this way is punished with imprisonment from one to three years. ‘
the investigation was initiated in accordance with this provision. There has been no
progress in the complaint of our colleagues to the Supreme Council of Judges and
Prosecutors about the Judge.

5 - An investigation was initiated against the President of the Bar Association ,
the members of the Board of Directors due to a written statement on behalf of
our Women’s Rights Implementation Center of the Diyarbakır Bar Association on
11.10.2019, stating that ‘objecting to war and demanding peace are a human
right, we say NO TO WAR!, PEACE NOW!20’ under all circumstances, and this
investigation is stil ongoing.

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