The international legal and human rights community is deeply concerned by prosecuting
authorities’ recent criminal investigation and lawsuit against the Istanbul Bar Association,
particularly its President, İbrahim Kaboğlu, and the executive board. These actions stem
from a statement issued by the Bar Association on 21 December 2024, drawing attention to
the deaths of journalists Nazım Daştan and Cihan Bilgin, killed on 19 December 2024 in
northern Syria while monitoring developments in the region. The statement highlighted that
the targeting of journalists in conflict zones constitutes a violation of International
Humanitarian Law and called for an effective investigation into the incident.
In response, the Istanbul Chief Public Prosecutor’s Office launched a criminal investigation
against the Bar’s leadership, citing allegations of “making propaganda for a terrorist
organisation” and “publicly disseminating misleading information.” On 14 January 2025, the
Prosecutor’s Office escalated its actions by filing a lawsuit seeking the dismissal of the Bar
Association’s president and executive board under Article 77(5) of the Turkish Attorneyship
Law. The grounds for the lawsuit allege that the Bar’s statement exceeded its professional
mandate and constituted conduct incompatible with its official role.
This criminal investigation and lawsuit represent a direct challenge to the independence and
functioning of the Istanbul Bar Association, an institution that plays a vital role in
safeguarding human rights and upholding the rule of law in Turkey.
The arrest of lawyer Fırat Epözdemir, an executive board member of the Bar Association, on
23 January 2025, upon his return from an advocacy visit to Council of Europe institutions
has further deepened these concerns. On 25 January 2025, a judge ordered Mr.
Epözdemir’s detention on remand on allegations of ‘membership in a terrorist organization’
and ‘making propaganda for a terrorist organization’. This decision has been strongly
criticized by the legal community in Turkey as lacking credible grounds, and reinforces the
perception that the investigation may be part of retaliatory actions targeting the Istanbul Bar.
The actions taken against the Istanbul Bar Association are in stark violation of international
human rights law and the principles governing the legal profession:
Freedom of Expression
The statement issued by the Istanbul Bar Association falls squarely within the protected
realm of freedom of expression as outlined in Article 19 of the International Covenant on
Civil and Political Rights (ICCPR) and Article 10 of the European Convention on Human
Rights (ECHR), as well as Principle 23 of the United Nations Basic Principles on the Role of
Lawyers. Professional organisations, including bar associations, have a right and a duty to
speak out on issues of public concern, particularly where they pertain to the rule of law and
human rights.
Independence of the Legal Profession
Principles 16, 23, and 24 of the United Nations Basic Principles on the Role of Lawyers
underscore that lawyers and bar associations must operate independently without undue
interference from authorities. The principle of independence is also enshrined in the Council
of Europe Committee of Ministers’ Recommendation (2000)21 on the freedom of exercise of
the profession of lawyer. The authorities’ attempts to prosecute and dismiss elected
members of a bar association simply for exercising their rights and fulfilling their professional
duties constitute an attack on their independence, undermining the ability of legal
professionals to carry out their mandate and risking the erosion of the rule of law and the
realization of the right to a fair trial.
Retaliation Against Advocacy
The lawsuit and criminal investigation constitute reprisals against the Istanbul Bar
Association for fulfilling its legitimate role in advocating for accountability and adherence to
international law. These actions contravene the Preamble and Principles 16 and 17 of the
United Nations Basic Principles on the Role of Lawyers, which explicitly prohibit retaliation
against lawyers and bar associations for fulfilling their professional responsibilities. Such
measures undermine public trust in the legal profession and create a chilling effect on
lawyers and bar associations in Turkey.
Calls for Action
We call on Turkish authorities to:
● Immediately cease all investigations and legal proceedings targeting the Istanbul Bar
Association’s leadership for exercising their professional duties and in line with their
mandate.
● Release Mr. Epözdemir immediately and unconditionally.
● Respect Turkey’s obligations under international law to ensure the independence of
the legal profession and the right to freedom of expression.
● Guarantee that bar associations can fulfil their professional duties without
interference or intimidation.
We urge the United Nations Special Rapporteur on the Independence of Judges and
Lawyers and other relevant special mandate holders to:
● Issue an urgent communication to the Government of Turkey expressing concern
about the actions against the Istanbul Bar Association.
● Monitor and report on the situation as part of broader efforts to safeguard the
independence of legal professionals worldwide.
We call on the Council of Europe Commissioner for Human Rights and the European
Committee on Legal Co-operation to:
● Conduct an immediate inquiry into the actions taken against the Istanbul Bar
Association and their compliance with Turkey’s obligations under the ECHR.
● Engage with Turkish authorities to ensure that bar associations can operate
independently and without fear of reprisal.
We urge the European Union to:
● Condemn the actions against the Istanbul Bar Association in its communications with
Turkish authorities.
● Make the protection of legal professionals’ independence a central element in its
discussions on human rights and rule of law in Turkey.
The international legal and human rights community stands in solidarity with the Istanbul Bar
Association and all legal professionals in Turkey who continue to uphold the principles of
justice, human rights, and the rule of law. We remain vigilant in monitoring developments
and are prepared to advocate for all necessary measures to protect the independence and
integrity of the legal profession in Turkey.
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