Page 32 - 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

and without the registration of National Judiciary Informatics System (Ulusal Yargı
Ağı Bilişim Sistemi 7 UYAP) as suspects. The records which was obtained, the social
media posts of the people under investigation, and the information about some
peaceful demonstrations and meetings which they attended were added to the
file as ‘ evidence’, and the investigation and prosecution were carried out through
them. At the beginning of the investigation, some of our colleagues were detained
and their statements were taken, some of our colleagues were also detained on
these allegations for a while. A colleague of ours who was registered in Diyarbakır
Bar Association was detained within the scope of Democratic Society Congress
investigation, this colleague of ours was detained in the indoor sports hall of the Police
Department for 28 days and coincidentally escaped injury in the bomb attack22 on
the Police Department where they were detained. Our colleague, who was released
as a result of this investigation, was detained by raiding his/her house one more time
after he / she was released.

B) Unlawful Acts Determined within the Scope of the Investigation
Conducted by the Şanlıurfa Chief Public Prosecutor’s Office On
12 March 2020
Within the scope of the investigation initiated by the Şanlıurfa Chief Public Prosecutor’s
Office on 12 March 2020, nine colleagues registered in Diyarbakır, Şanlıurfa and
Şırnak Bar Associations were warranted to search, seize and arrest them.
Our colleagues have been accused of being ‘a member of a terrorist organization’
based on Article 314/ 2 of the Turkish Penal Code on the grounds of the prison visits
which they made within the scope of professional activities with an anonymous
witness statement. It was recorded in the Court records that ‘this anonymous witness’
who served as a basis for the operation, ‘ could not be reached’ at the prosecution
stage.
Our colleagues were detained and taken to the Şanlıurfa Police Department after a
search at their homes and law offices in the morning. After 7 days of detention, our
colleagues were released on condition of judicial control by the court.
With the request of the Prosecutor’s Office and the decision of the Criminal Judge of
Peace, a restriction decision was taken regarding the investigation file, pursuant to
Article 15323 of the Criminal Court Law (Ceza Mahkemesi Kanunu/ CMK). Both our
accused colleagues and their advocates were prohobited from examining the file
and taking a copy of it.
C) Unlawful Acts Determined in Relation to the Investiagtion
Conducted by the Diyarbakır Chief Public Prosecutor’s Office
On 19 November 2020
With the request letter of the Diyarbakır Chief Public Prosecutor’s Office dated
19.11.2020 and the decision of the Diyarbakır 4th Criminal Judgeship of Peace, 32
lawyers who registered in the Diyarbakır Bar Association were warranted to search,
seize and arrest them. In line with this decision, our 25 colleagues who registered to
the Diyarbakır Bar Association, were detained on 20.11.2020 after searching at their
homes which started at 04.00 a.m. and continued until 07.00 a.m. A search was
carried out at homes of 7 colleagues who were not at their homes. Our colleagues,

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