Page 36 - 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

of being a member of the organization. We would like to point out that in
many cases within the scope of Article 314 of the Turkish Penal Code, the same
procedure is followed at the national level, and this broad interpretation is
against the ‘prescribed by law’ criterion. The current implementation of Article
314 of the Turkish Penal Code at the national level poses a serious threat to
freedom of expression.
7. In all other investigations conducted under the Anti Terror Law (Including
investigations against lawyers), lawyers are routinely restricted from examining
and taking samples under Article 153 of the Criminal Court Law. In all
investigation files in which our colleagues were tried in the court, a restriction
decision was taken with the request of the Prosecutor’s Office and the decision
of the Criminal Judge of Peace. Restriction decisions are made with ‘cliche’
justifications by repeating the law article without any concrete justification.
Objections to restriction decisions are often left unanswered or rejected on
‘cliche’ grounds. This rule, which the law provides as an exception, has become
a general rule especially in crimes within the scope of the Turkish Civil Code. The
suspiciousness of the evidence and the concealment of the evidence from the
attorneys, seriously threatens the ‘equality of arms’, ‘freedom and security of the
person’ and the ‘right to a fair trial’.
8. In operations against lawyers as well as in operations against citizens, the Criminal
Judges of Peace make decisions for search, seizure and detention on abstract
grounds. Decisions are made to search, seize and detain our colleagues who
spend most of their profession in the courthouse. The homes of our colleagues
are raided and searched, as well as their offices and their information and
documents, which are part of their professional activities, are sized. Cell phones
and computers, which have become an indispensable tool of our profession,
are seized without copying their memories. In this way, the Professional activities
of our colleagues are prevented by the judiciary itself.

The attorneyship profession, which is one of the cornerstones of the principle of
judicial independence, which is an indispensable part of the rule of law, should be
exercised independently, fairly and freely. It should not be forgotten that lawyers who
are the guarantee of independent defense; it is the guarantee of all citizens’ access
to justice, fair trial, right and justice. Attacking lawyers means attacking democratic
values. Diyarbakır Bar Association and its members will continue to protect and defend
fundamental rights and freedoms against all kinds of oppression and unlawfulness.

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