Download the submission here.
On 11 October 2024, Lawyers for Lawyers (L4L), The Law Society of England and Wales (LSEW), The International Bar Association’s Human Rights Institute (IBAHRI), and The International Commission of Jurists (ICJ) jointly submitted a report for the fourth Universal Periodic Review (UPR) of Turkey. The next UPR of Turkey will take place in May 2025.
The report raises serious concerns regarding Turkey’s compliance with its international human rights obligations, particularly in relation to the UN Basic Principles on the Role of Lawyers. Key issues include the lack of institutional independence of the legal profession, restrictions on the right to a fair trial and effective defense, and systematic persecution and interference with the work of lawyers.
L4L has been informed of a troubling lack of judicial independence and the increasing politicization of bar associations. Consistent reports of interference with admissions to the legal profession, as well as disciplinary actions and prosecutions of lawyers based on fabricated charges, undermine the fundamental principles of the rule of law.
The submission also highlights growing barriers to accessing adequate legal representation and ensuring fair trials. The reported cases illustrate attempts by Turkish authorities to obstruct lawyers’ work by limiting their clients’ right to confidential communication with legal counsel, restricting access to case files, and breaching lawyer-client confidentiality in various ways.
Lawyers in Turkey are systematically prevented from carrying out their legitimate professional duties and are subject to harassment by authorities. Turkish lawyers are forced to operate in precarious conditions, facing ongoing arrests, physical attacks, and ill-treatment. In recent years, there has been an unprecedented number of arbitrary criminal prosecutions targeting lawyers, primarily linked to their professional activities. This goes against article 16 of the UN Basic Principles, stating that “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; […] and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”. Additionally, the persistent undermining of bar associations is a threat to the the independent and free exercise of the legal profession. Changes in legislation since 2016 have weakened the position of existing bar associations known to be critical to the government.
Finally, Lawyers for Lawyers expresses deep concern over the increasing violations of the rights to freedom of expression, association, and assembly, which are essential to the legal profession. These restrictions contribute to a chilling effect on the protection of human rights through judicial means. This goes against article 23 of the UN Basic Principles, stating that lawyers, like other citizens, are entitled to freedom of expression, belief, association, and assembly.
In light of these serious concerns, Lawyers for Lawyers and partners welcome the UN Member states to make specific and action-oriented recommendations to enhance the independence of the legal profession and protect the rights of lawyers.
The full submission and recommendations are available here.
