Tag Archives: Arrested Lawyers

Turkey: Appeal Court upheld the sentence given to Gulen’s lawyer

August 5, 2019

Ankara Regional Appeal court upheld the sentence given to Gulen’s lawyer, Nurullah Albayrak who is the member of the Ankara Bar Association.

The conviction was based on a petition which Nurullah Albayrak had filed with the General Directorate of Security and some provincial security directorates in July 2014. In the same petition which was dated  9 July 2014 Nurullah Albayrak reportedly urged the law enforcement officers not to comply with illegal orders which could eventually result in their criminal liability, and urged them to only comply with the law.

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Upon Albayrak’s petition, an indictment dated 17 September 2015 issued against him with the charge of professional misconduct and he was convicted by Ankara 9th Heavy Penal Court on 29 September 2016 in absentia.

Ankara Regional Appeal court, which had considered the appeal, last week upheld the two-year prison term given by the Ankara 9th Heavy Penal Court. In a separate case, life imprisonment is being sought for Albayrak for leading of an armed terrorist organization.

Since the coup attempt of 2016, 311 Turkish lawyers have been convicted to a total of 1967 years in prison under Turkey’s Anti-Terror Legislation.

Appeal Court upheld the sentence given to Gulen’s lawyer

Turkey: International law obligations to release lawyer Nurullah Albayrak | Letter

http://www.kontrgerilla.com/mansetgoster.asp?haber_no=9528#.XUk4t28zbIU (TURKCE)

Turkey: Free expression organizations highlight unprecedented crackdown on freedom of expression in report to UN

August 5, 2019

More than three years since Turkey’s 2016 failed coup and one year after its state of emergency was lifted, the government continues its relentless and pervasive crackdown on civic space, media freedom and dissenting voices.

Turkey’s human rights record will come under review by the UN Human Rights Council during the Universal Period Review (UPR) mechanism in January 2020. Ahead of the review, ARTICLE 19, P24, PEN International, English PEN, Reporters Without Borders (RSF), International Press Institute (IPI), Freemuse, European Centre for Press and Media Freedom (ECPMF), IFEX and Norwegian PEN have made a submission to the UPR.

“This report charts the extraordinarily rapid decline in the rule of law and freedom of expression in Turkey over the last four years. The Turkish authorities have dismantled the independence of the judiciary and more journalists have been jailed than anywhere else in the world,” Sarah Clarke. “We urge UN member states to take much stronger action in holding Turkey to account for these violations.”

“The Turkish media is pinning its hopes on international mechanisms and the United Nations Human Rights Council to end its persecution,” IPI Director of Advocacy Ravi R. Prasad said. “This report not only highlights the precarious situation in Turkey, but also makes suggestions to remedy the situation.”

Amongst the report’s key recommendations are to urge Turkey to restore the rule of law and impendence of the judiciary, to release all jailed journalists and to drop the hundreds of baseless charges against journalists, artists, civil society actors and academics.

Turkey: Free expression organizations highlight unprecedented crackdown on freedom of expression in report to UN

https://rsf.org/en/news/turkey-leading-coalition-free-expression-organisations-highlight-unprecedented-crackdown-freedom

International Coalition consists of Bar Associations and NGOs made submission on rights violations in Turkey

http://www.barhumanrights.org.uk/bhrc-joins-international-coalition-of-legal-organisations-raising-concern-for-turkeys-lawyers-and-judges/

Joint UPR submission Turkey

SCF’s submission for the United Nations Universal Periodic Review of Turkey

Turkey: ICJ Submission to the UN Universal Periodic Review (UPR)

UPR of Turkey: Joint Stakeholder Submission to the UN Human Rights Council

https://www.article19.org/resources/turkey-upr-submission-on-threats-to-freedom-of-expression/

https://www.scholarsatrisk.org/2019/07/sar-calls-for-action-to-counter-mass-targeting-of-higher-education-communities-in-turkey/.

Turkey: workshop on the use of the UN Universal Periodic Review

https://www.ohchr.org/EN/HRBodies/UPR/Pages/TRindex.aspx

http://www.un.org.tr/humanrights/en/universal-periodic-review-3rd-cycle

https://www.theguardian.com/world/2019/jul/18/un-urged-to-act-over-purge-of-turkeys-lawyers-by-erdogan

https://ahvalnews.com/torture/lawyers-says-torture-rise-turkey-2016-coup-plot

Turkey: Joint submission by the ALI, the ODF and the HRD on abuse of Anti-Terror Law and criminalization of legitimate exercise of the freedom of expression

July 18, 2019

A coalition consists of the Arrested Lawyers Initiative, the Open Dialogue Foundation and the Human Rights Defenders e.V. made a joint submission titled ‘ARBITRARY APPLICATION OF ANTI-TERRORISM LAWS AND CRIMINALIZATION OF USING AN I-MESSAGE APPLICATION (BYLOCK)‘ to the United Nations Human Rights Council for Turkey’s UPR session.

The Submission concluded that: 

  1. Criminalization of the use of ByLock constitutes the retroactive punishment because a) it is not foreseeable under Turkish laws, b) it is unprecedented in Turkish case-law, c) at the time of such alleged use it was not the object of sufficiently precise, valid law to which a sufficiently certain sanction was attached,
  2. The use of ByLock does not prove criminal guilt.23 Using an electronic communication software which was offered to public use via the most visited and famous online platform (i.e Apple and Google Play stores) is legitimate exercise of fundamental rights, namely the freedom of expression and the freedom of [confidential] communication, not a crime. Freedom of expression includes the right to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, including all forms of electronic and internet-based modes of expression,
  3. A conviction may be based on correspondence which show a crime has been committed provided that such correspondences have been legally acquired and in any case it is supported with other concrete evidence,
  4. An arrest or detention that lacks any legal basis—in violation of the principle of legality—is arbitrary. Retroactive criminal punishment by detention amounts to arbitrary detention. Arrest or detention as punishment for the legitimate exercise of the rights as guaranteed by the ICCPR, such as freedom of expression, is arbitrary,

Joint submission by the ALI, the ODF and the HRD on abuse of Anti-Terror Law and criminalization of legitimate exercise of the freedom of expression

International Coalition consists of Bar Associations and NGOs made submission on rights violations in Turkey

The Arrested Lawyers made submission to the United Nations on ongoing crackdown against lawyers in Turkey

https://ahvalnews.com/purges/international-group-urges-un-action-over-purge-turkish-legal-professionals

SCF’s submission to the United Nations Universal Periodic Review of Turkey

State of emergency measures still haunt Turkey on 3rd anniversary of failed coup

http://camerepenali.it/cat/10046/un_altro_processo_in_turchia_contro_degli_avvocati_.html (ITALIANO)

https://arrestedlawyers.org/

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Turkey: Trial of Amnesty lawyer Taner Kiliç et al adjourned to October 9th

July 16, 2019

https://www.al-monitor.com/pulse/originals/2019/07/turkey-three-year-anniversary-coup.html

Turkey: ICJ Submission to the UN Universal Periodic Review (UPR)

Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

https://ilerihaber.org/icerik/insan-haklari-savunucularinin-yargilandigi-dava-ertelendi-100637.html (TURKCE)

http://www.haberdar.com/gundem/buyukada-davasinda-savci-degisti-durusma-ertelendi-h142111.html (TURKCE)

https://www.tagesspiegel.de/politik/erdogan-doch-nicht-so-allmaechtig-prozesse-gegen-deniz-yuecel-und-peter-steudtner-vertagt/24596904.html (DEUTSCH)

#TanerKiliç

#HakSavunucularınaÖzgürlük

#FreeRightsDefenders

https://arrestedlawyers.org/

Turkey/The Netherlands: Event at Consulate in honor of L4L Award for Selçuk Kozağaçlı

July 15, 2019

Event at Consulate in honor of L4L Award for Selçuk Kozağaçlı

On 10 July 2019 the Dutch consulate in Istanbul hosted a special event in honor of the Lawyers for Lawyers Award given to lawyerSelçuk Kozağaçlı from Turkey. Kozağaçlı, who is currently serving a long prison sentence in Turkey, has accepted the award under the condition that it is dedicated to all lawyers and others who are in prison as a consequence of their work to protect the rule of law and human rights.

 

The event at the consulate was opened by consul-general Bart van Bolhuis, who emphasized that the consulate supports, and will keep on supporting, lawyers in Turkey who are under pressure, prosecuted and detained because of their human rights work. L4L-president Irma van den Berg handed over the award to mr. Kozağaçlı’s colleague and wife, Betül Vangölü Kozağaçlı applauding the dedication and courage of mr. Kozağaçlı and his colleagues. Mrs. Vangölü underlined that it is the responsibility of every lawyer to protect the rule of law and human rights, even if this is at personal risk.

The event was attended by the president of the Bar Association of Istanbul, mr. Mehmet Durakoğlu, other lawyers, and international observers from Greece, Italy, Belgium and Switzerland. The international observers were in Istanbul to attend the hearing in the so-called CHD-1 case, in which both Selçuk Kozağaçlı and Betül Vangölü Kozağaçlı stand trial.

The award ceremony itself took place on 23 May 2019, in the presence of Dutch Minister of Justice Ferdinand Grapperhaus, and more than 200 people including lawyers from the Netherlands and abroad. Serife Ceren Uysal received the award on behalf of mr. Kozağaçlı, as he was absent due to his prison sentence.

https://lawyersforlawyers.org/en/event-at-consulate-in-honor-of-l4l-award-for-selcuk-kozagacli/

Selçuk Kozağaçlı to receive L4L Award 2019

L4L observed hearing in the CHD-1 trial

https://www.al-monitor.com/pulse/originals/2019/07/turkey-three-year-anniversary-coup.html

Turkey: ICJ Submission to the UN Universal Periodic Review (UPR)

Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

https://t24.com.tr/haber/selcuk-kozagacli-yargilandigim-davanin-evraklari-bana-gosterilmiyor,829986 (TURKCE)

https://fr.euronews.com/2019/07/15/les-revelations-d-un-ancien-juge-limoge-en-turquie (FRANCAIS)

Turkey: Chief of Turkish National Police admits that 540,000 detentions have been made without legal ground

July 15, 2019

On the third anniversary of 2016’s coup attempt, Celal Uzunkaya who is general director of the Turkey’s General Directorate of Security (National Police) admits that 540,000 individuals have been detained on grounds of their alleged cohesion or connection with the Gulen Movement / Structure which is outlawed by the Turkish Government after the coup attempt.

In a special interviews with CNN Turk, Mr Uzunkaya said:

Since 15thJuly (2016), 540.000 proceedings have been carried out, in connection with FETO. Is it over? It is not. Was it (FETO) cleaned?, should you ask; it has certainly not been dealt with completely.

Across Turkey, initially, every week in average 1500 – 1700, even 2000 detentions were being made. Nowadays, (thanks to) more qualified (meritable) identifications, we carry out proceeding about around 500-600 people per week who have coherence or connection with FETO.

Until this statement, Turkish government claimed that the criterion which were expressed in the Emergency Decrees, namely ‘coherence, connection, affiliation, relation, link [with or to Gulen Movement / Structure]’ are applied only for administrative measures, not in criminal proceedings. So indeed, Turkey defended itself in the ECHR and the UN Human Rights Mechanism in this manner. For the first time, chief of the Turkish National Police admits ‘coherence or connection’ which are not crime and do not have any legal ground are applied to criminal proceedings as well.

Mr. Uzunkaya also admits that their identification is more qualified than those made after the coup attempt. He says initially, every week in average 1500 – 1700, even 2000 detentions were being made in connection with Gulen Structure, nowadays (with) more qualified (meritable) identifications, around 500-600 people individuals are being detained per week.

Chief of Turkish National Police admits that 540,000 detentions have been made without legal ground

https://ahvalnews.com/echr-turkey/turkey-comes-second-echr-violations

Justice Ministry says Turkey building 137 new prisons

Turkey: 13 FETO terror suspects arrested in Turkey

July 4, 2019

13 FETO terror suspects arrested in Turkey

At least 13 people were arrested on Thursday for their suspected links to Fetullah Terrorist Organization (FETO), the group behind the 2016 defeated coup in Turkey, according to a security source.

The suspects were rounded up within the scope of simultaneous counter-terrorism operations in 17 provinces across Turkey.

Earlier, the prosecutor’s office in capital Ankara had issued arrest warrants for 29 suspects as part of an investigation into irregularities in staff recruitment exams, said the source, who asked not to be named due to restrictions on speaking to the media.

The suspects, which included “covert imams” — senior FETO members — civil and military judge candidates, expelled officers and on-duty lawyers, are accused of staying in FETO/PDY (Parallel State Structure) houses to study for judicial exams held in 2013, the source added.

They are sought for being member of a terror organization, aggravated fraud, and forgery with terror aims.

FETO and its U.S.-based leader Fetullah Gulen orchestrated the defeated coup attempt of July 15, 2016, which left 251 people martyred and nearly 2,200 injured.

Ankara also accuses FETO of being behind a long-running campaign to overthrow the state through the infiltration of Turkish institutions, particularly the military, police, and judiciary.

https://www.aa.com.tr/en/turkey/13-feto-terror-suspects-arrested-in-turkey/1523054

https://www.yenisafak.com/en/news/at-least-13-feto-terror-suspects-arrested-in-turkey-3484814

https://menafn.com/1098722158/Turkish-forces-detain-13-over-suspected-connections-with-FETO

Factsheet: Enforced Disappearances and Turkey

Top bureaucrat of the Minister of Justice who has affiliation with extremist groups was appointed to the Constitutional Court

Eren Keskin

https://www.coe.int/en/web/portal/-/turkey-needs-to-put-an-end-to-arbitrariness-in-the-judiciary-and-to-protect-human-rights-defenders

https://arrestedlawyers.org/

https://www.protect-lawyers.com/fr/compte-rendu-presentation-du-rapport-de-human-rights-watch-sur-la-situation-des-avocats-en-turquie/ (FRANCAIS)