Page 35 - 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
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houses do not have ventilation which open to the outside and our colleagues stated
that the hygiene rules that should be taken due to the pandemic, were not taken and
that there were many people in the same place. Two colleagues who were detained, Conclusions And Determinations
tested positive for Covid, a few days after they were released. 1. The President of our Bar Association Tahir Elçi, was killed just after he made a
statement in front of the Dört Ayaklı Minare ( Four Legged Minaret) in Suriçi on
During their detention, the forensic examinations of our colleagues were not 28 November 2015. In the investigation initiated after the murder of Tahir Elçi,
conducted at the hospital, they were examined by the doctor who brought to many ordinary investigative procedures were either not carried out or carried
the Police Department and the doctor examined our colleagues in the attorney out incompletely. We would like to state that we are worried that the same
consultation room. attitude will also be experienced during the trial phase. In crimes involving public
During their detention, the forensic examinations of our colleagues were not conducted at the
Our Colleagues Who Were Investigated and Prosecuted in 2020 officials, it is observed that the judicial and administrative authorities behave
hospital, they were examined by the doctor who brought to the Police Department and the
doctor examined our colleagues in the attorney consultation room. arbitrarily in conducting investigations and display a reluctant attitude to carry
The institutional activities of the Diyarbakır Bar Association are systematically subject to

Our Colleagues Who Were Investigated and Prosecuted in 2020
investigation and prosecution. At least 78 investigations and criminal cases were filed out investigations in accordance with the law. This attitude, which corresponds

against at least 69 colleagues of our Bar Association in 2020, due to their corporate exactly to ‘the policy of impunity’ , was also encountered in the murder of Tahir
The institutional activities of the Diyarbakır Bar Association are systematically subject to
and professional activities, together with the President of the Bar Association and the Elçi. Diyarbakır Bar Association emphasizes the state of law and calls fort he
investigation and prosecution. At least 78 investigations and criminal cases were filed against
at least 69 colleagues of our Bar Association in 2020, due to their corporate and professional
members of the Board of Directors who served between 2016- 2020. abandonment of the policy impunity and the revealing of Tahir Elçi’s murder in
activities, together with the President of the Bar Association and the members of the Board of
all its aspects.
Directors who served between 2016- 2020.
2. Thousands of civil servants were dismissed as a result of the state of emergency
declared after the coup attempt on 15 July 2016 and the decree laws published
on various dates, press media, associations, foundations and trade unions have
been closed (24). This public attitude towards non- governmental organizations,
which are indispensable elements of democratic order and pluralism, continues
with different methods after the end of the state of emergency. Membership of
our colleagues, who were members of associations that were closed down by
decree laws during the state of emergency, are included in the investigation
and case files as evidence within the scope of the allegation of ‘membership in
a terrorist organization’.
3. The Diyarbakır Bar Association is aware of the threats and dangers against
fundamental rights and freedoms in our country, especially the peaceful solution
of the Kurdish issue and strives to effectively investigate these violations and to

1) In the investigation phase bring the perpetrators to justice and to be fairly investigated and punished.
2) In the prosecution phase
3) Decision not to prosecute Diyarbakır Bar Association is systematically subjected to pressure, threats and
4) Acquittal decision
1. In the investigation phase judicial harassment due to this struggle for rights carried out institutionally and
5) Imprisonment with the individual support and efforts of its members.
6) Unknowns
2. In the prosecution phase
4. We would like to inform you that the ‘systematic’ investigation and prosecution
3. Decision not to prosecute of the Diyarbakır Bar Association’s statements and other institutional activities

The stages of 78 ongoing investigations and prosecutions against at least 68 colleagues
4. Acquittal decision poses a serious threat to the elected President of the Bar Association and
who are members of the Diyarbakır Bar Association and due to their professional
activities are as follows;
5. Imprisonment Board Members regarding freedom of expression. The broad and ambiguous

- 59 % are under investigation.
6. Unknowns expressions in Article 301 of the Turkish Penal Code create a wide scope of
- 23 % are under prosecution. application outside of prosecutors and courts and create results contrary to
- 1 % are decision of non- prosecutions. the ‘predictability’ criteria of the crime in Article 301 of the Turkish Penal Code.
- 5 % are acquittal decision.
The stages of 78 ongoing investigations and prosecutions against at least 68 Therefore, the decision which subject to objection should be removed.
- 3 % are imprisonment.
- 9 % did not want to give information.
colleagues who are members of the Diyarbakır Bar Association and due to their 5. The judicial attitude towards eliminating personal and institutional freedom

professional activities are as follows; of expression has increasingly turned into a tool of pressure. The ‘freedom of

expression criteria’ in the case law of the European Court of Human Rights are
• 59 % are under investigation. 13
mostly not taken into account by the courts of instance.
• 23 % are under prosecution.
6. The crime of ‘membership in an organization’ regulated in Article 314 of the
• 1 % are decision of non- prosecutions. Turkish Penal Code is widely interpreted by the courts. The social media posts
• 5 % are acquittal decision. of our colleagues (citizens, of course) over the years, professional activities,
• 3 % are imprisonment. membership of the association closed by a decree law, peaceful meetings
and demonstrations which they attended, abstract expressions of anonymous
• 9 % did not want to give information.
witnesses and investigation and criminal cases are filed against them on charges
12 13