Page 31 - 2020 Yılında Diyarbakır Barosu Başkanı, Yönetim Kurulu ve Baro Üyesi Avukatlara Yönelik Soruşturma ve Kovuşturmalara Dair Rapor

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in accordance with the provisions of Law No. 1136 on Attorneys. After the A) Unlawful Acts which Determined in the Investigations and
announcement on 19.06.2020, the Ministry decided to ‘allow an investigation’ for Criminal Cases Conducted within the Scope of the Democratic
‘ public insulting’ ‘ The Turkish Nation, The Republic Of Turkey, The Turkey Grand
National Assembly, The Government Of The Turkey Republic and the judicial bodies Society Congress Investigation
of the state. Subsequently, as a result of the investigation which carried out, the file Democratic Society Congress; It was founded in Diyarbakır on 26-28 October
was again sent to the Ministry of Justice for permission to prosecute and the Ministry 2007 with the support and participation of various political party representatives,
also gave permission to prosecute. Thereupon, the file was sent to the Batman professional associations, non- governmental organizations and opinion leaders.
High Criminal Court to decide whether to open a final investigation in accordance Democratic Society Congress has received the support of many people and
with the Provisions of the Attorneyship Law, as a result of trial made over the file, institutions with different views and it has carried out studies on many national issues,
the Court decided to ‘open the final investigation’ and sent the file to the Diyarbakır especially the Kurdish Question. Democratic Society Congress, which conducts its
High Criminal Court on Duty. activities open to the public, also met with government officials from time to time.
Events were organized with the participation of politicians, academics, lawyers, trade
2 - A written statement was published on the website of the Diyarbakır Bar unionists, journalists and people from all walks of life. In these events, Democratic
Association, stating that the statements made by the Head of Religious Affairs, Ali Society Congress brought together people and institutions with different ideologies,
Erbaş, in the Friday sermon titled ‘ Ramadan : Patience and Will Training’ on April worl views, beliefs and ethnicities regarding the solution of social problems.
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 Democratic Society Congress was invited to parliament by the President of the Grand
investigation was initiated against the Bar Association President and the Board National Assembly in 2012, on the other hand technical foolow-up, media listening,
Members, the investigation is still pending.17 wiretaps conducted between 2010 and 2014 within the scope of the investigation
initiated by the Diyarbakır Chief Public Prosecutor’s Office with Judges, prosecutors
3 - Diyarbakır Bar Association published a written statement regarding the and law enforcement officers, most of whom were dismissed due to Fethullah Gülen
‘Armenian Deportation in 1915’ on its website and social media accounts on 24 Terrorist Organization (FETÖ) and all activities, meetings, workshops, symposiums,
April 202018 press releases and panels by Democratic Society Congress until 2014, have been
Due to the written pres statement published on the website of the Diyarbakır Bar made the subject of criminal proceedings. Criminal investigations and prosecutions
Association on 24.04.2020 regarding the events and the subsequent genocide were initiated against almost everyone who participated in the activities of Democratic
against the Armenian People, an investigation was initiated by the Diyarbakır Public Society Congress, which from time to time also participated in the activities of the
Prosecutor’s Office against the President of the Diyarbakır Bar Association and Board ruling party representatives. The Presidents of our Bar Association and Lawyers such
Members. This investigation is still pending. as politicians, journalists, trade unionists and many others, are among those who
undergo criminal investigation.
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 In order to preserve and develop a culture of participatory democracy, respect for
June 2020, and during the hearing the Judge insulted oır colleagues; Lawyer Yunus pluralism and to strenghten the ideal of common life and criminal cases and judgments
Muratakan and Lawyer Mehmet Nuri Deniz due to the procedural discussion with the against lawyers who accused of ‘membership of the organization’, attended
Judge, the Judge did not record what happened in the hearing, the Judge did not Democratic Society Congress meetings due to their institutional representation, are
refer the report of the incident, kept by our colleagues, to the file. A joint statement considered as an intervention to democratic values. These investigations and criminal
was made by 51 Bar Associations regarding this incident19 and the Judge was cases produced by the judicial authorities ‘cyclically’ violate the legal security of citizens
condemned for her /his insults and behaviour towrds our Bar Association President and ultimately the rule of law. At the same time, we would like to emphasize that
and colleagues, and the Supreme Council of Judges and Prosecutors was invited to these and similar practices that eliminate the ‘legal predictability’ criterion related to
the necessary. After this statement, upon the criminal complaint made by the Criminal the rule of law and the principle of legality will undermine and eliminate the belief in
Judge of Peace,the President our Bar Association and our colleagues were informed law and judiciary. Therefore, as emphasized by the Minister of Justice21 , the judiciary
about the Article 6/ 1 of the Anti Terror Law; ‘ …….. those who declare or publish the should give up the habit of producing ‘conjunctural investigations and cases’. In
identity of Public Officials who took part in the fight against terrorism or those who addition, in paragraph 278 of the Selahattin Demirtaş decision of Grand Chamber of
target people in this way is punished with imprisonment from one to three years. ‘ European Court of Human Rights, it is stated that Democratic Society Congress is a
the investigation was initiated in accordance with this provision. There has been no legal organization and we would like to emphasize that the evaluation of Democratic
progress in the complaint of our colleagues to the Supreme Council of Judges and Society Congress activities as no evidence for membership of the organization is a
Prosecutors about the Judge. binding determination for national courts.
The only ‘evidence’ in the investigation and prosecution files of our colleagues who
5 - An investigation was initiated against the President of the Bar Association , have been tried for allegedly participating in Democratic Society Congress activities
the members of the Board of Directors due to a written statement on behalf of is the recordings obtained from media and wiretaps obtained illegally. The majority
our Women’s Rights Implementation Center of the Diyarbakır Bar Association on of those who were included in the investigation were subject to the determination
11.10.2019, stating that ‘objecting to war and demanding peace are a human of communication and physical follow- up decisions without any criminal charge
right, we say NO TO WAR!, PEACE NOW!20’ under all circumstances, and this
investigation is stil ongoing.

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