On 16 September 2024, Lawyers for Lawyers, the Law Society of England and Wales (LSEW), the International Bar Association’s Human Rights Institute (IBAHRI), and the International Commission of Jurists (ICJ), submitted a second report on Türkiye’s implementation of the International Convenant on Civil and Political Rights (ICCPR). During its 142nd on the 23rd of October, the Committee will examine Türkiye’s compliance with the ICCPR.
This submission highlights a number of concerns relating to the lack of judiciacry independence in Türkiye, the harassment and threats against lawyers, as well as the restrictions on the right to an effective defence. The submitting organisations draw attention to the lack of independence and impartiality of the judiciary, relating to implications of legal changes and governance of the legal profession. Since the 2016 coup attempt in Türkiye, the judicial independence underwent serious degradation following the mass dismissal of judges and prosecutors and the structural “reforms” and consequent deficiencies in the judicial system as result of executive overreach in contravention of the separation of powers.
Furthermore, the report highlights the harassment, intimidation and threats against lawyers, including those who have faced criminal charges for their work and the exercise of their ICCPR rights. Since 2016, members of the legal profession in Türkiye have faced widespread harassment from authorities, with sustained arbitrary detention, imprisonment, and unfair trials, often charged with overbroad and vague counter-terrorism offences, in violation of the ICCPR, as well as the UN Basic Principles. This report discusses the safety and security of lawyers, along with the interference with lawyers’ exercise of their rights to freedom of expression, association, and assembly.
Finally, the submission sheds a light on the restrictions on acces to clients and the rights of the defence. The number and length of lawer-client meetings, where individuals are held in pre-trial detention, are severly restricted, amounting to a systemic denial of the right to a fair trial. Even prior to the state of emergency, lawyers in Türkiye were already hindered in carrying out their professional activities, and this interference has subsequently increased, including violations of lawyer-client confidentiality, and lack of acces to case files and evidence. During the state of emergency, new restrictions were introduced by decrees, which were later enacted into law, becoming permanent.
L4L, LSEW, IBAHRI, and ICJ, urge the government of Türkiye to adopt the recommendations pertaining to the independence and impartiality of the judiciary system, as well as to cease all acts of intimidation and harassment against lawyers in Türkiye. Furthermore they appeal to the authorities to take measures to ensure that the counter-terrorism legislation, including laws on restrictions on acces to clients, are brought in line with obligations under Article 14 of the ICCPR, and that they take immediate measures to guarantee full access to case files, including indictments and evidence.
