Daily Archives: 15/09/2018

Turkey: Detained CHD lawyers released then re-arrested

September 15, 2018

https://www.evrensel.net/haber/361472/tahliye-edilen-chdli-ve-hhbli-avukatlar-icin-gozalti-karari (TURKCE)

https://ilerihaber.org/icerik/savci-itiraz-etti-sabah-tahliye-edilen-avukatlar-icin-yakalama-karari-89737.html (TURKCE)

http://gazetekarinca.com/2018/09/bu-sabah-serbest-birakilmislardi-kozagacli-dahil-12-avukat-hakkinda-yakalama-karari/ (TURKCE)

http://grihat.com/hukuk-ayaklar-altinda-tahliye-edilen-avukatlar-hakkinda-yeniden-gozalti-karari/ (TURKCE)

http://t24.com.tr/haber/cagdas-hukukcular-dernegi-davasinda-tum-avukatlar-tahliye-edildi,700258?utm_medium=social&utm_content=sharebutton (TURKCE)

http://bianet.org/bianet/siyaset/200861-tahliye-edilen-avukat-selcuk-kozagacli-darp-edilerek-emniyete-goturuldu (TURKCE)

Three of the 17 CHD lawyers released by an Istanbul court on September 14th (in pre-trial detention for one year) were arrested again today, and there is a search warrant for nine of them. The prosecutor had objected to the release decision and the same court which decided to release them accepted the prosecutor’s request.

(Facebook, 15/09/18)

Message from Selçuk Kozağaçlı to our international associations; ELDH-AED and IADL
Dear Friends,

I was just on the phone with Selçuk. He is at the courthouse now. He asked me to send a message from him and it is my honor to pass it to you. I believe this message is extremely important not only because explains this dark atmosphere and fascism in Turkey but also the ongoing tradition of revolutionary struggle in Turkey and the history of CHD’s practice of lawyering.

Selçuk is at the courthouse and he wants you to know that he did not go there to give himself up to the court. He persistently stressed that this scandal that is now being staged in Turkey has nothing to do with law and the code. Under this dark period of fascism, on the face of this monstrosity and scandal, nobody in her right mind could and should be expected to recognize the legitimacy of the courts nor their null verdicts and give herself up to the courts. The discussions about law and respecting the law do not make sense where the courts act as the puppets of political power. To put it most clearly, those court decisions are nothing but garbage.

Yes, Selçuk is at the courthouse but the only reason he went there is that he has a case to bring and a word to say. Selçuk is at the courthouse because he is going to tell those rogues and cowards in court dresses how helpless they are. He is at the court to speak aloud how impertinent, fearful and shameful they are. He underlined that he welcomes anybody who disobeys such scandalous court decisions from now on. Therefore, nobody should think that Selçuk has been abiding by a court decision! On the contrary, as the chair of our association, Selçuk is at the courthouse to bring the court panel into account, to speak the words of our association and to declare that no member of the oppressed would submit in the face of oppression.

He is sending, with his usual commitment and fervor, his thanks and love to us all for our support and solidarity. He salutes and embraces us all with the belief that we will win.

(Facebook, 16/09/18)








India: Activists’ bail plea deferred

September 14, 2018

Sudhir Dhawale

The sessions court on Friday deferred till September 27 the hearing on the bail pleas of human rights lawyer Surendra Gadling and Nagpur University professor Shoma Sen, who were arrested with three other activists on June 6 for their alleged links with the outlawed Communist Party of India (Maoist) and the Bhima-Koregaon clashes.

Special Public Prosecutor Ujjwala Pawar moved the court to shift the five arrested activists, including Sudhir Dhawale, Mahesh Raut and Rona Wilson, to separate jails, citing security issues at the Yerwada Jail.

In his counter-arguments, defence counsel Pratap Vitankar said the move to transfer the activists was a ploy on the part of police authorities to delay the trial.

A statement issued by the activists’ lawyers said: “The jail administration has even refused to provide them with warm clothes. They are being harassed under the guise of law.”






Elgaar Parishad: Accused not on hunger strike, were on day-long fast inside prison, say officials






Turkey: Turkish court rules for release of 17 lawyers from pre-trial imprisonment

September 15, 2018

A Turkish court on Friday ruled for the release of 17 lawyers who have mostly been imprisoned since September 2017 over the accusation of “membership in an armed terrorist organization.”

İstanbul’s 37th High Criminal Court held the sixth hearing in the trial of 20 lawyers on Friday.

According to a report by pro-Kurdish Fırat news agency (ANF), all lawyers standing trial are members of the left-wing lawyers’ association, the Association of Progressive Lawyers (ÇHD) and the People’s Law Office (HBB), which is known for its efforts against state repression and focuses on political processes across the country.

Seventeen of the lawyers have been in custody since September and November 2017. The court ordered to release imprisoned lawyers but imposed a ban on their international travel. The trial was adjourned to February 19, 2019.

Among the released lawyers is the ÇHD chairman Selçuk Kozağaçlı, who was arrested in November 2017. The lawyer had been arrested on the same charge in 2013 and released from prison after the charges were dropped one year later.

The ÇHD, which was established in 1974 and a member of the European Association of Lawyers for Democracy and Human Rights (ELDH), was closed about two years ago by a government decree under the state of emergency declared in the aftermath of a controversial coup attempt on July 15, 2016.


https://tr.euronews.com/2018/09/15/tutuklu-17-avukat-n-davas-nda-tahliye-karar (TURKCE)

http://mail.gaziantephaberler.com/haber/hhb-ve-chdli-avukatlara-tahliye-haberi-41193.html (TURKCE)

http://yenisoluk.com/chdli-17-avukata-tahliye/ (TURKCE)

URGENT UPDATE 15/09/18: Three of the lawyers released were arrested again today, and there is a search warrant for nine of them. The prosecutor had objected to the release decision and the same court which decided to release them accepted the prosecutor’s request.






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Turkey/UK/Scotland: Trial of detained lawyer & academic Hanifi Baris September 18th

September 14, 2018

On July 4th, 2018, Hanifi Barış (signatory of the Peace Petition, 11st of January, 2016, lawyer and academic) reported to Bakırköy Police station in Istanbul, responding to a request that he give a statement about his social media accounts. He was arrested that day, and charged with “posting items of criminal content” on his social media accounts. The alleged criminal behaviour for which Hanifi Barış was arrested amounts to sharing news articles from Turkish and international media sources, including websites such as The Guardian and Foreign Policy, to which he did not add any of his own commentary. On the 23rd of July, a judge for Istanbul’s High Criminal Court accepted the indictment against Hanifi and re-affirmed his pre-trial detention. He has been held since then, at least part of that time in solitary confinement.

Hanifi Barış’s colleagues from the Centre for Citizenship, Civil Society and Rule of Law, Aberdeen/Scotland, where he has done his PhD,  have joined with human rights organisations, and Hanifi Barış’s Turkish colleagues, many of them signatories of the Academics for Peace Declaration, “We will not be party to this crime!” to protest his unjust detention. They have circulated a petition demanding his immediate release, which has received almost 5,000 signatures.

His case has drawn international scrutiny. Human rights defenders such as Scholars at RiskFrontline DefendersIndex on Censorship have reported on his arrest and pending trial.

One of his colleagues was quoted by the Index on Censorship describing Hanifi Barış as “the kind of scholar who could find common ground with academics from almost any perspective: always good-natured, cheerful and unfailingly kind to everyone he interacted with.”

Hanifi Barış’s first hearing is scheduled for September 18th at the Çağlayan Courthouse. International observers are invited to monitor this hearing, with the hope that he will be immediately released and cleared of these unfounded accusations.

Please spread our word #FreeHanifi #HanifiyeÖzgürlük, follow @freehanifi on the social media and keep following his first trial where we demand his immediate release!

Academics for Peace, Turkey and elsewhere

For legal details of the ongoing Academics4Peace trials:

 https://afp.hypotheses.org/ and https://solidarite-up.org/

Social Media:



fb: barisakademik

Hanifi Baris

https://www.change.org/p/turkish-government-we-demand-the-immediate-release-of-university-of-aberdeen-lawyer-dr-hanifi-bari%C5%9F (SIGN THE URGENT PETITION!)







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Nigeria: Why I was arrested by the police – Evans’ ex-lawyer

September 13, 2018

Nigerian Police officers used to illustrate the story

A lawyer who was arrested and taken away by police officers outside the Federal High Court in Lagos on Wednesday has said he was “abducted” to prevent him from appearing in a ₦100 million suit he filed against the police.

Olukoya Ogungbeje, known for representing the alleged billionaire kidnapper, Chukwudumeme Onwuamadike (popularly known as Evans), was arrested as he was about to enter the court premises and whisked away.

The lawyer later told PREMIUM TIMES he was held for over four hours at the State Criminal Investigation Department, Panti, in Yaba.

Mr Ogungbeje’s client, Ibrahim Kabiru, had also been arrested by the police at the court premises days ago while waiting to appear in a fundamental rights enforcement suit he filed against the police.

The police said Mr Ogungbeje was arrested on the grounds that he was not qualified to represent Mr Kabiru because the latter had transferred his brief to another lawyer, Wole Smith.

Mr Ogungbeje said he had secured a ₦200 million judgment sum against the police for the extra judicial killing of Mr Kabiru’s brother, Waheed.

PREMIUM TIMES learnt that Waheed was arrested and detained by the police during a raid in the Ikorodu area in November 2015. He has not been seen ever since.






Jammu & Kashmir/India/Pakistan: Jammu Lawyers stage protest, accuse Pakistan of supporting terror

September 14, 2018

Lawyers protest against petrol price hike

J&K High Court Bar Association, Jammu held a strong protest/demonstration at the District Court Complex, Jammu, against three burning issues viz i) Price hike in Petrol, Diesel & other essential commodities which is badly affecting the people of the country (ii) Recent Militants attack at Jhajjar Kotli & (iii) Organized attack by some political parties on the independent functioning of the judiciary for seeking favour by protesting in streets against the case which is pending in the Hon’ble Supreme Court of India- rather than making submissions during the course of hearing in such matters in the court.
B.S.Slathia while addressing the gathering stated that hike in the prices of essential commodities including Petrol, Diesel, Vegetables and other eatables is badly affecting the people of the country and the present dispensation has totally failed to control and arrest the tendency of hike in prices which is making the common man as victim of the same.
Slathia while addressing the gathering further stated that it is a matter of great pride for all of us that the security forces have very bravely countered the recent militants attack at Jhajjar Kotli and succeeded in eliminating all of them . He strongly condemned this act of cowardness by the militants which took place at Jhajjar Kotli, and cautioned the authorities to identify the sleeper cells who are active in an around Jammu so that the peaceful atmosphere is maintained and not allowed to be vitiated at the instance of supporters of such like elements. Mr. Slathia further stated that the Association is on record in cautioning the authorities for identifying the sleeper cells in Jammu when the Army Camp Sunjwan was attacked in February, 2018 by the militants from across the Boarder. The activities of these sleeper cells in active connivance of certain elements is a matter of grave concern and requires to be dealt with by the authorities seriously to avoid such attacks. The Association thankfully acknowledged the acts of bravery & courage shown by the members of the security forces at the cost of their lives in fighting these militants.
Slathia further stated that some Kashmir Centric political parties instead of participating in the local Bodies and Panchyat Elections are busy in compaining to boycott the elections not only of Local Bodies but of Assembly & Parliament as well which runs contrary to the basic concept of Democracy. It is worth-while to mention that the decision of the State Government to hold Local Body/ Panchyat Election is a welcome step as it shall strengthen the Democracy at gross root level.





Turkey: Bütün avukatlara tahliye


Bütün avukatlara tahliye

Çağdaş Hukukçular Derneği ve Halkın Hukuk Bürosu üyesi 17’si tutuklu 20 avukatın yargılandığı davada 17 avukatın tahliyesine karar verildi.

Çağdaş Hukukçular Derneği ve Halkın Hukuk Bürosu üyesi 17’si tutuklu 20 avukatın yargılandığı duruşma 5’inci gününde devam etti. Tahliye kararının verildiği davada avukatlar saatler sonra tahliye edilerek sabah 7:30’da otobana bırakıldılar.

Bakırköy Adliyesi’ndeki İstanbul 37. Ağır Ceza Mahkemesi’nde başlayan duruşma, ‘güvenlik’ gerekçesiyle dün Silivri Cezaevi Kampüsü’nde devam etti.

Duruşmada savunma yapan avukatlar iddianameye giren gizli tanık beyanlarının usulsüz olduğuna dikkat çekti. Dosyadaki iki gizli tanık ifadesinin 2011 ve 2012 yılına ait olduğu belirtilirken, avukatlar 2013 ve sonrası gelişmelerden yargılandı.

Duruşmada avukatların savunmalarından sonra mütalaasını sunan savcı, ‘kaçma şüphesi’ gerekçesiyle tüm tutuklu avukatların tutukluluk halinin devamına karar verilmesini istedi. Bunun üzerine söz alan Avukat Selçuk Kozağaçlı, “Asıl kaçma şüphesi olan sizsiniz. 1500 hakim kaçtı” dedi.

Müdafi savunmaları alınan duruşmada, tutuklu avukatların tamamının tahliyesine karar verildi. “Mevcut delillerin göz önünde bulundurulması, uzun tutukluluk süresi, adli kontrolün uygulanabilir olması ve sanıkların avukat olmaları” tahliye gerekçesi olarak açıklandı.

Mahkeme tutuksuz sanık Ezgi Çakır için adli kontrol şartının devamına ve bir sonraki duruşmada gizli tanıkların dinlenmesine de karar verdi.











N.B. On September 14, at the end of five days of trial in Istanbul, 17 CHD lawyers were released on bail, after approximately one year of pre-trial detention.  Their trial continues on February 19 and 20.


Dix-sept avocats, dont Selçuk Kozağaçlı, ont été libérés par la 37ème section du tribunal pénal d’Istanbul

20 avocats membres membres du Bureau du droit du peuple (Halkın Hukuk Bürosu-HHB) et de l’Association des juristes progressistes (Çağdaş Hukukçular Derneği-ÇHD), détenus pour «appartenance à une organisation terroriste» et «direction de l’organisation» : Ahmet Mandacı, Aycan Çiçek, Ayşegül Çağatay, Aytaç Unsal, Barkın Timtik, Behic Aşçı, Didem Baydar Unsal, Ebru Timtik, Engin Gökoğlu, Naciye Demir, Özgür Kozağaçlı, Suleyman Gökten, kükriye Erden, Yaprak Turkmen, Zehra Özdemir et Ezgi Çakır étaient présents.

Le procès, commencé le 10 septembre, s’est déroulé dans la salle de conférence de Bakırköy pendant quatre jours, en face de la prison de Silivri, pour permettre aux accusés d’y participer effectivement.

Le procureur a demandéle maintien en détention des accusés. L’audience a été suspendue après les déclarations de Selçuk Kozağaçlı qui a déclaré: “Nous ne fuyons pas ce pays”.

Le tribunal a décidé que tous les avocats détenus seraient expulsés. La décision des 20 avocats détenus à savoir les avocats du People’s Law Office (HHB) et 17 membres de l’Association des avocats contemporains (ÇHD) devaient être libérés en raison du changement de qualification criminelle, de la durée de la détention etau regard de la jurisprudence de la CEDH et a également décidé d’appliquer les dispositions relatives au contrôle judiciaire à Barkın Timtik et à Özgür Yılmaz, jugés pour “direction de l’organisation terroriste”.

La prochaine audience aura lieu les 19 et 20 février au palais de justice d’Istanbul.

(L’Observatoire des Avocats Facebook, 15/09/18)

Tutuklu 17 avukatın tahliyesine karar verildi

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Turkey: Int’l bar associations urge Turkish gov’t to release all legal professionals and journalists

September 14, 2018

Several international bar associations have urged the Turkish government led by President Recep Tayyip Erdoğan to unconditionally release and drop charges against all legal professionals, defenders and journalists who have been arbitrarily arrested, charged or sentenced without credible evidence and in violation of fair trial guarantees.

The Lawyers’ Rights Watch Canada (LRWC), Lawyers for Lawyers (L4L), The Law Society (TLS) and nongovernmental organizations in special consultative status said in a statement to the 39th Session of the United Nations Human Rights Council that the situation of judges, lawyers, journalists and human rights defenders in Turkey deteriorated dramatically after a coup attempt by a section of Turkey’s military on July 15, 2016,

“On 20 July 2016, President Erdogan imposed a State of Emergency decree that resulted in widespread, systematic violations of non-derogable rights, including arbitrary deprivation of liberty, torture, and enforced disappearances,” the international lawyers’ associations said, adding, “While the State of Emergency was lifted on 18 July 2018, Turkey passed legislation on 25 July 2018, codifying emergency decree laws for a further three years, that facilitates the arbitrary dismissal of judges and officials, detention without charge for up to 12 days without adequate court oversight, and imposes restrictions on assembly.”

The statement continues as follows:




Brazil: ‘Our State Is Racist, But If I Call It Out, I’m Whining’, Says Attorney Handcuffed During Hearing

September 13, 2018

Lawyer Valéria dos Santos was handcuffed for arguing with a magistrate in a court hearing

Attorney Valeria Lucia dos Santos, 48, was handcuffed during a hearing on Monday, in Duque de Caixas' court

Lawyer Valéria Lucia dos Santos, 48, was handcuffed by policemen on Monday (10th) during a court hearing in Duque de Caxias, in the state of Rio de Janeiro.

Valéria and the magistrate started an argument because the lawyer asked to examine the defense’s petition. The magistrate denied the request and called the police.

People present in the hearing recorded videos, but they don’t give a complete picture of the discussion. The Brazilian Bar Association (OAB) said that Valéria was “absolutely correct” and the act was a severe violation of her rights. The Rio de Janeiro Court of Justice issued a statement saying that the magistrate asked for police reinforcements “in order to contain an attorney who was refusing to follow the magistrate’s directions.”

Valéria says she has felt prejudice at work and she doesn’t feel represented in the legal system. However, she avoids associating her case with racism.

OAB’s Rio de Janeiro chapter said it will sue the policemen and the magistrate. At the association’s request, the initial audience was annulled and reschedule for the 18th, when it will be presided by a judge – in Brazil, a magistrate is a lawyer who assist in smaller courts, holding preliminary hearings, but the final decision on a case is from a judge.

Read below what Valéria’s story, as told to Folha:


https://www1.folha.uol.com.br/cotidiano/2018/09/o-estado-e-racista-mas-se-falo-isso-e-mimimi-diz-advogada-algemada-no-rio.shtml (PORTUGUES)

https://epoca.globo.com/valeria-dos-santosadvogada-que-foi-presa-durante-uma-audiencia-apenas-por-querer-exercer-sua-atividade-23065299 (PORTUGUES)

http://www.ihu.unisinos.br/78-noticias/582695-oab-pede-afastamento-de-juiza-que-prendeu-advogada-valeria-lucia-dos-santos (PORTUGUES)

https://www.aasp.org.br/em-pauta/nota-publica-quanto-ao-desfecho-do-incidente-que-envolveu-advogada-valeria-lucia-dos-santos/ (PORTUGUES)

https://www1.folha.uol.com.br/cotidiano/2018/09/valeria-foi-algemada-em-um-conflito-entre-dois-advogados-afirma-juiz.shtml (PORTUGUES)

https://tudorondonia.com.br/noticias/lamachia-participara-de-desagravo-a-advogada-algemada-por-ordem-de-juiza-leiga,20820.shtml (PORTUGUES)

https://www.redebrasilatual.com.br/cidadania/2018/09/para-feijoo-agressao-advogada-negra-evidencia-vies-autoritario-do-judiciario (PORTUGUES)

https://www.cartamaior.com.br/?/Editoria/Direitos-Humanos/Prerrogativas-da-Advocacia-pra-que-m-/5/41738 (PORTUGUES)

https://www.odiariocarioca.com/noticia-2018-09-14-oab-rj-fara-ato-de-desagravo-a-advogada-algemada-em-jec-de-duque-de-caxias-9628292.carioca.html (PORTUGUES)

https://extra.globo.com/noticias/extra-extra/frente-em-defesa-da-advocacia-vai-homenagear-advogada-algemada-23075628.html (PORTUGUES)

http://politicadesmistificada.blogspot.com/2018/09/coletiva-sobre-o-caso-de-advogada.html (PORTUGUES)

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