Page 33 - 2020 Yılında Diyarbakır Barosu Başkanı, Yönetim Kurulu ve Baro Üyesi Avukatlara Yönelik Soruşturma ve Kovuşturmalara Dair Rapor

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DIYARBAKIR BAR ASSOCIATIONARBAKIR BAR ASSOCIATION
DIYARBAKIR BAR ASSOCIATIONARBAKIR BAR ASSOCIATION
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LAWYERS’ RIGHTS CENTERAWYERS’ RIGHTS CENTER L LAWYERS’ RIGHTS CENTERAWYERS’ RIGHTS CENTER
and without the registration of National Judiciary Informatics System (Ulusal Yargı who were taken to the hospital for examination, were taken to the Diyarbakır
Ağı Bilişim Sistemi 7 UYAP) as suspects. The records which was obtained, the social Anti- Terrorism Branch, after only a few questions were asked, without physical
media posts of the people under investigation, and the information about some examination.
peaceful demonstrations and meetings which they attended were added to the
file as ‘ evidence’, and the investigation and prosecution were carried out through On 20.11.2020, 22 of the 25 lawyers, who were detained since the early hours of the
morning, were released from the Police Department at around 21.30 the same day
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 after their statements were taken at the Anti- Terror Branch of the Police Department.
these allegations for a while. A colleague of ours who was registered in Diyarbakır Two of our colleagues were released on 21.11.2020 after their statements were
Bar Association was detained within the scope of Democratic Society Congress taken, a colleague of ours was released on 23.11.2020 by the Criminal Court of
investigation, this colleague of ours was detained in the indoor sports hall of the Police Peace on condition of judicial control.
Department for 28 days and coincidentally escaped injury in the bomb attack22 on Our colleagues have been accused of ‘being a member of a terrorist organization’
the Police Department where they were detained. Our colleague, who was released due to their participation in the activities carried out by the Diyarbakır Bar Association
as a result of this investigation, was detained by raiding his/her house one more time for years in order to ensure the security of the ballot box in elections and to protect
after he / she was released. the citizens’ right to free elections.

B) Unlawful Acts Determined within the Scope of the Investigation With the request of the Prosecutor’s Office and the decision of the Criminal Court of
Conducted by the Şanlıurfa Chief Public Prosecutor’s Office On Peace regarding the investigation file, a restriction decision was taken in accordance
12 March 2020 with Article 153 of the Criminal Court Law. Our colleagues who have been accused,
and their attorneys are prohibited from examining the file and taking a copy of the
Within the scope of the investigation initiated by the Şanlıurfa Chief Public Prosecutor’s file.
Office on 12 March 2020, nine colleagues registered in Diyarbakır, Şanlıurfa and
Şırnak Bar Associations were warranted to search, seize and arrest them. During the preparation of this report, in our Bar Association’s interviews with our
colleagues who were detained, they stated that even the vases of the flowers on
Our colleagues have been accused of being ‘a member of a terrorist organization’ their balconies were distributed as a part of the search also they declared that their
based on Article 314/ 2 of the Turkish Penal Code on the grounds of the prison visits private letters were read, some of the colleagues’ phones were confiscated and
which they made within the scope of professional activities with an anonymous prevented from reaching their families, colleagues and the Diyarbakır Bar Association
witness statement. It was recorded in the Court records that ‘this anonymous witness’ Lawyers’ Rights Center.
who served as a basis for the operation, ‘ could not be reached’ at the prosecution
stage. While the memories of computers and mobile phones had to be copied and returned
during the search, the phones and computers were confiscated and still not returned
Our colleagues were detained and taken to the Şanlıurfa Police Department after a to our colleagues.
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. Our colleague, who lives abroad and who has an arrest warrant, his/ her family’s
house was raided. During the search, Law Enforcement Officers stated that they
With the request of the Prosecutor’s Office and the decision of the Criminal Judge of knew that our colleague was living abroad. However, they searched the house.
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 Our detained colleagues were taken to Diyarbakır State Hospital for forensic
accused colleagues and their advocates were prohobited from examining the file examination, and some of our colleagues were taken to the military hospital. In the
and taking a copy of it. examination which performed at Diyarbakır State Hospital, it was stated that the place
where the examination was made, was the department where the patients were
registered at the entrance, and that doctor who carried out the examination only
C) Unlawful Acts Determined in Relation to the Investiagtion asked questions and made a rude examination and it was declared that there were
Conducted by the Diyarbakır Chief Public Prosecutor’s Office 4-5 Law Enforcement Officers during the examination. Fingertips of all our detained
On 19 November 2020 colleagues were taken.
With the request letter of the Diyarbakır Chief Public Prosecutor’s Office dated Our colleagues were sometimes kept with 6 people in detention houses that
19.11.2020 and the decision of the Diyarbakır 4th Criminal Judgeship of Peace, 32 measuring approximately 4-5 square meters. Our colleagues stated that they had
lawyers who registered in the Diyarbakır Bar Association were warranted to search, difficulties in accessing clean water, given two 50- milliliter bottles of water a day, and
seize and arrest them. In line with this decision, our 25 colleagues who registered to if the water was not sufficient, they drank tap water from the sink.
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 Our colleagues said that the detention houses are designed for two people, there
carried out at homes of 7 colleagues who were not at their homes. Our colleagues,
are only two beds, but mostly there are at least 4 people staying, and blankets are
given to those who want to rest on the floor, our colleagues stated that the detention

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