On 4 March 2025, Lawyers for Lawyers attended the first hearing in the civil case brought against the Istanbul Bar Association before the Second Civil Court of First Instance. The presidents of the Amsterdam Bar Association and The Hague Bar Association, Jacqueline Schaap and Inge Aardom-Fuchs, were also present.
The proceedings follow a statement by the Istanbul Bar Association demanding a full investigation into the deaths of two Turkish journalists in Syria. In response, the Istanbul Public Prosecutor initiated a criminal investigation against Bar President İbrahim Kaboğlu and members of his council for ‘terrorist propaganda’ and ‘public dissemination of misleading information’. A civil action was then brought on 14 January 2025 to have them removed from office.
The course of the hearing
Due to the large number of lawyers, bar representatives and members of civil society, the hearing was delayed and moved to the 27ᵉ High Criminal Court chamber. The prosecutor, the plaintiff in the case, argued that the Istanbul Bar Association had exceeded its functions by carrying out ‘illegal’ activities and called for the dismissal of its president, İbrahim Kaboğlu, as well as the entire Bar Council.
Defence arguments
The Bar’s lawyers raised several procedural and constitutional points:
- Absence of one of the defendants: One member of the Council, Fırat Epözdemir, is currently being held on charges of belonging to a terrorist organisation. He was therefore unable to appear in person. Without the presence of all parties, the mandatory preparatory hearing should be adjourned as the right to fair trial cannot be guaranteed.
- Unconstitutionality of Article 77 on the legal profession: This provision allows for the dismissal of barristers by a civil court when they are ‘engaged in activities that do not fall within their purpose’. This infringes upon the fundamental principles established by the Turkish Constitution.
- Incompetence of the civil court: The procedure should be governed by administrative law, not civil law.
- Infringement of the right to a fair defence: The refusal of ancillary interventions by third-party bar associations, affected by such a decision, is contrary to procedural rules under Turkish law.
The judge’s decisions
After a brief adjournment, the court dismissed the application to stay the civil action pending the criminal decision, as well as the majority of the defence applications, including the application for a constitutionality review. Only the request by the Turkish Bars Union to intervene and the participation of Fırat Epözdemir via videoconference was accepted.
Next hearing
The next hearing will cover the examination of the merits of the case and is scheduled for next Friday 21 March 2025 at 10:00 am at the Istanbul Palace of Justice. Lawyers for Lawyers will continue to monitor this case closely.
