Türkiye: IBAHRI urges authorities to drop lawsuit against Istanbul Bar Association
Wednesday 29 January 2025
The International Bar Association’s Human Rights Institute (IBAHRI) has co-signed a statement expressing deep concern for the recent criminal investigation and lawsuit against the Istanbul Bar Association, its President İbrahim Kaboğlu, and the executive board in the Republic of Türkiye. The joint statement calls on Turkish authorities to immediately cease legal proceedings against the Istanbul Bar Association and respect Türkiye’s obligations under international law to ensure the independence of the profession and the right to freedom of expression.
The full statement is below.
Joint Statement by the International Legal and Human Rights Community on the Actions Against the Istanbul Bar Association
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 Türkiye.
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 organisation’ and ‘making propaganda for a terrorist organisation’. This decision has been strongly criticised by the legal community in Türkiye 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 realisation 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 Türkiye.
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 Türkiye’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 Türkiye 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 Türkiye’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 Türkiye.
The international legal and human rights community stands in solidarity with the Istanbul Bar Association and all legal professionals in Türkiye 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 Türkiye.
ENDS
Contact: IBAHRI@int-bar.org
Notes to the reader:
- Click here to download a PDF of the statement.
- Related material:
- The International Bar Association’s Human Rights Institute (IBAHRI), established in 1995 under Founding Honorary President Nelson Mandela, is an autonomous entity working to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
- Find the IBAHRI on social media here:
- The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, with the aim of protecting and promoting the rule of law globally, the IBA was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.
- Find the IBA on social media here:
Website page link for this news release:
Short link: tinyurl.com/52abasv2
Full link: www.ibanet.org/Turkiye-IBAHRI-urges-authorities-to-drop-lawsuit-against-Istanbul-Bar-Association