L4L and FTW observe hearing in KCK-trial in Istanbul
Türkiye
On March 9, 2017 there was another hearing in Istanbul in the long-running case against 46 lawyers accused of being involved in terrorism. The trial started in November 2011. All the lawyers on trial were at some point involved in the defence of the PKK leader, Abdullah Öcalan. Some of them were held in pre-trial detention for almost 2,5 years. Observers from L4L, Fair Trial Watch (FTW) and the Dutch Bar Association, as well as observers from Britain, France, Germany and Italy attended the hearing.
During the previous hearing in November 2016, the defence argued that both the prosecutor and the president of the court who handled the case originally were Gülen supporters, who would have fabricated the allegations against the suspects. The prosecutor and the president of court are now also being prosecuted, as well as the police and the investigative judge who were involved in the preliminary investigation. The defence therefore asked for an immediate acquittal of the lawyers on trial. This request was however rejected. The defence then re-submitted requests to add information to the case file, as did the Public Prosecutor. The court partially accepted these requests and partially denied them. The case was adjourned until July 6, 2017.
After the hearing, the observers spoke to lawyers working for TOHAV, the Foundation for Society and Legal Studies. They discussed the bad situation in Turkish prisons. The observers also spoke with the lawyer Önder Durdu, who is representing a judge suspected of terrorism because of his involvement in the Gülen movement. As a result he is under severe pressure. Furthermore, the observers spoke again to lawyers from the newspaper Cumhuriyet. The picture they paint of Turkey is still very worrying. They all confirmed that in fact the Rule of Law no longer exists in Turkey where five days after the coup on 5 July 2015, a state of emergency was declared.
The observers also spoke with Robert Schuddeboom, the Dutch consul general at the consulate in Istanbul.
Arrests of lawyers
Although it is difficult to get an accurate and complete picture of the lawyers that have been arrested, it is clear that there are hundreds and that the arrests are still continuing. The lawyers who represent them are also facing difficulties: they are only allowed to visit their clients suspected of terrorism for an hour a week. Everything discussed during these meetings is recorded both on tape and on camera, and there is always a guard present during the meetings. This makes it difficult, if not impossible, to conduct a proper defence.
The situation in Turkey remains extremely worrying. L4L will continue to monitor developments closely and will continue to urge the Turkish government to respect lawyers and their role in the rule of law, in line with the Basic Principles on the Role of Lawyers.