Political trials against lawyers and political activists in Turkey and other countries

• ELDH Guide on Trial Observations
• UN Basic principles on the role of lawyers

In Turkey

International Law Breaches Concerning the Independence of Legal Profession in Turkey (The Bar Human Rights Committee of England and Wales, The International Bar Association’s Human Rights Institute, The Law Society of England and Wales)

Joint Stakeholder Submission to the UN Human Rights Council’s Universal Periodic Review – TURKEY
International Coalition of Legal Organisations 35th Session (Jan.-Feb. 2020) (report) (International Factsheet)

CHD Trials I and II (trials against lawyers of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği) CHD. CHD is a member organisation of ELDH).

• CHD Trial I, Istanbul: Continuation of the trial against 22 lawyers who are all leading members of the ELDH member organisation CHD. The Trial started on 24 December 2013
  Next hearing:
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  Reports on the hearing on 23 May 2018
  ELDH observers (download PDF-file)
  DEFENSE SANS FRONTIERE – AVOCATS SOLIDAIRES observers, report 23 May 2018 (download PDF-file)
  DEFENSE SANS FRONTIERE – AVOCATS SOLIDAIRES observers, report 24 October 2018 (download PDF-file)
  DEFENCSE SANS FRONTIERE – AVOCATS SOLIDAIRE observers, report (download PDF-file)

• CHD Trial II, 18 CHD Lawyers sentenced to long prison terms on 20 March 2018 (reports and statements). The trial started on 10 September 2018, Silivri
  It is pending now before the supreme court.
  Trial observation report (10 to 14 September 2018)
  ELDH Statement (16 September 2018)
  Trial observation report (3 to 5 December 2018)
  DSF – Rapport CHD2 traduit (18-20 mars 2019)
  On 3 February 2020 eight of the detained lawyers, Selçuk Kozağaçlı, Aycan Çiçek, Aytaç Ünsal, Barkın Timtik, Ebru Timtik, Engin Gökoğlu, Ayşegül Çağatay, and Oya Aslan started a hunger strike. They announced that attorneyship as a profession cannot be trialed. They note only highlight the unlawfulness of their trial but they also note the unlawful politics and implementations in different aspects in Turkey and demand that the basic rights of the people should be provided and the violations in prisons should stop.

  Next hearings:

  • 1st April 2021: trial against Oya Aslan (Caglayan Courthouse, 18th of Heavy Penal Court)
  • 7th April 2021: trial against Selçuk Kozağaçlı & Barkın Timtik  (Caglayan Courthouse, 18th of Heavy Penal Court) 

ÖHD Trials I and II (trials against lawyers of the Asrın LawOffice, members of ÖHD, Lawyers for Freedom (Özgürlükçü Hukukçular Platformu). ÖHD is a member organisation of ELDH.)

• ÖHD – Trial I, Istanbul Continuation of the trial against 46 lawyers (Asrın Law Office case,referred to historically as the “KCK Lawyers Trial” ), who had among others alleged members of KCK as clients.
  The trial started on 16 July 2012.
  The case was adjourned to 5^th March 2019 for the Supreme Court to decide whether the current case should be joined with any of the other prosecutions. Further decisions will be needed if joinder takes place concerning the appropriate court in which the joined proceedings should take place.
  Next hearing:
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  The report on the last hearing in December 2017
  The report on the hearing in May 2018
  Asrin Office Lawyers Case I – October 2018
  DSF AS report on the hearing on 5 March 2019

• ÖHD – Trial II, Istanbul, against Ramazan Demir and other lawyers from the Asrın LawOffice.
  Continuation of the trial against lawyers and human rights defenders Ramazan Demir, Hüseyin Boğatekin, Ayşe Acinikli, İrfan Arasan, ŞefikÇelik, Adem Çalışçı, Ayşe Gösterişlioğlu Başar, Tamer Doğan, Mustafa Rüzgar, Sinan Zincir, Raziye Turgut and Ruhşen Mahmutoğlu as members of the human rights association for prisoners TUHAD-FED. They all are members of the Istanbul Bar, the Progressive Lawyers Association (ÇHD) and the Libertarian Lawyers Association (ÖHD).
  DSF AS Rapport OHD II – 11 décembre 2018
  Next hearing: 5 April 2021, Istanbul 14. Heavy Criminal Court

T

Trial of Veysel Ok (Lawyer) and Cihan Acar (Journalist
Final Hearing 12 September 2019, Istanbul, Court of First Instance

Veysel Ok is a leading advocate representing journalists in Turkey charged with terrorist offences. He was charged as a result of an
interview he gave prior to the attempted coup in Turkey in 2015 in which he was critical concerning the independence of the judiciary in Turkey.
His most prominent clients are Ahmet Altan, the novelist and Deniz Yücel, the Die Welt correspondent. He has also applied to the Constitutional Court in Turkey and then to the European Court of Human Rights on behalf of journalist Şahin Alpay and the writer/academic Mehmet Altan and was instrumental in their release. Both men were found guilty guilty and sentenced to six months’ imprisonment under Article 301. Each sentence was reduced to five months and both sentences were suspended.

Report on the trial observation

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In Spain

Madrid, Supreme Court: Catalan referendum case, trial against former Catalan ministers, pro-independence activists, and the former parliament speaker Oriol Junqueras, Raül Romeva, Jordi Turull, Josep Rull, Joaquim Forn, Jordi Sànchez, Jordi Cuixart, Dolors Bassa, Carme Forcadell, Meritxell Borràs, Carles Mundó and Santi Vila. The defendants are charged by the Public Prosecutor’s Office with the crimes of rebellion, sedition, disobedience and embezzlement of public funds, for which it has requested 177 years’ imprisonment.

Conclusion by the European Democratic Lawyers

Report by Professor Bill Bowring (ELDH President) 19 and 20 February 2019

Assessment of the Spanish Supreme Court Judgement 459/2019

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In Malta

El Hiblu 1 hijacking case.

108 boat migrants fleeing persecution and torture in Libya were rescued in Libyan territorial waters by the ‘El Hiblu 1’, when the ship attempted to return them to Libya. The tanker was then secured by the Armed Forces of Malta, which brought the migrants to a safe port in Malta. Three young refugees (16, 17, and 19 years old) fleeing from Libya to Europe have been charged with terrorist activity after “taking over” a commercial vessel. They are still in prison.

Several hearings have already taken place.

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