L4L observes third hearing in case Ankara Bar Association
25 juni 2022

L4L observes third hearing in case Ankara Bar Association

Türkiye

On 22 June 2022, representatives of Lawyers for Lawyers observed the third hearing in the trial against the Executive Board Members of the Ankara Bar Association (ABA). The Executive Board was charged for insulting a public official after releasing a statement condemning the Head of Religious Affairs’ speech during a religious ceremony. 

In the speech entitled “Ramadan Patience and Will Training” held on 24 April 2020 at the Ankara Hacı Bayram-i Veli Mosque, the Head of Religious Affairs spoke of the COVID-19 pandemic, insinuating that members of the LGBT+ community were spreading the disease and urging people to “join the fight to protect people from such evil”.

The ABA issued a statement in reaction to this speech stating: “We watched with surprise and caution the speech of Ali Erbaş, Head of Religious Affairs, who insulted a part of humanity with hatred and targeted them publicly […] We respectfully proclaim to all the public that we condemn with great surprise and caution the person mentioned and the mentality that agrees with him.”

Hereafter, the Ankara Prosecutor’s office launched a criminal investigation against 10 Executive Board Members and 1 lawyer of the ABA on suspicion of violating article 125 of the Turkish Penal Code (publicly insulting a public official for expressing religious beliefs, thoughts and opinions), facing a maximum penalty of 2 years imprisonment or a judicial fine.

Hearing of 22 June 2022

The third hearing of this case took place on 22 June 2022 in the Ankara 16th Heavy Penal Court. As in previous hearings, different heads of bar associations from all over Turkey were present, as well as many lawyers to support their colleagues. As the last hearing had been about the defense statements and because the prosecutor had published their opinion, the expectations for this hearing were that the defense would present their rebuttal.

However, at the hearing the ABA explained that they were unable to prepare sufficiently for the rebuttal, as they had only had the prosecutor’s opinion the day before the hearing. Furthermore, the prosecutor in the courtroom was not the same prosecutor anymore as the one who had written the opinion, and the ABA argued that the new prosecutor could not simply accept the opinion without having reviewed it first. The lawyer of the Head of Religious Affairs objected to this request.

The court decided to postpone the hearing to 9 November 2022, in which it is expected, if the opinion remains unchanged, that the ABA defense team present their rebuttal to the opinion.

Why the prosecutor was changed remains unclear: the new prosecutor herself stated at the hearing that she was assigned to this case incidentally. This comes in a context of many judges and prosecutors being re-assigned to other matters mid-case in Turkey.

Lawyers for Lawyers will continue to monitor this case.

 

Meer nieuws uit Türkiye

3 oktober 2024

OSCE side event – Addressing attacks on lawyers and the rule of law in Turkey: a profession on trial

Türkiye

4 October 2024  16:00-17:00      On Friday, 4 October, Lawyers for Lawyers will be hosting a side-event at the OSCE Human Dimension Conference in Warsaw entitled ‘Addressing Attacks on Lawyers and the Rule of Law in Turkey: A Profession

Lees verder
17 juli 2024

Trial monitoring mission for the hearing in the trial against lawyers from Ezilenlerin Hukuk Bürosu

Türkiye

From 1 July 2024 to 4 July 2024, Lawyers for Lawyers representatives visited Turkey on a trial monitoring mission for a hearing in the trial against the lawyers from EHB (Ezilenlerin Hukuk Bürosu, law firm of the oppressed). Lawyers for

Lees verder
5 juli 2024

Turkey: International legal community condemns Turkey’s arrest of ÇHD-lawyers Naim Eminoğlu and Doğa İncesu

Türkiye

In a joint statement, the undersigned bar associations, law societies, and lawyers’ rights organizations – representing tens of thousands of lawyers from around the globe – condemn in the strongest possible terms the detention of Progressive Lawyers Association (“ÇHD”) lawyers

Lees verder
19 juni 2024

Impunity prevails in the case of the killing of lawyer Tahir Elçi: Diyarbakir High Criminal Court acquits defendants

Türkiye

Diyarbakır, Turkey – On 12 June 2024, the Diyarbakır 10th High Cirminal Court acquitted the three defendants of all charges in the case of the unlawful killing of lawyer and former president of the Diyarbakır Bar Association, Tahir Elçi. This

Lees verder