Türkiye: lawyers in danger

Güçlü Sevimli. The Anti-Terror Law is being applied against opposition across the country. Its articles are being leveraged to silence and intimidate nearly anyone who opposes the current political system and power. The lawyers associated with the Progressive Lawyers Association (ÇHD) are particularly targeted, as they engage with the opposition in Türkiye. This law, used as a tool, is not applied by itself, but in conjunction with relevant articles of the Turkish Penal Code governing organised crime, such as Articles 314 and 220. When the State perceives a lawyer as a threat to the system and aims to silence or incapacitate them, the ‘terror laws’ are invoked to label them as members of illegal organisations.

Fabricated evidence is frequently encountered in judicial investigations, with the predominant tactic over the past decade being the utilisation of ‘anonymous witnesses’. Investigative authorities (police and prosecutors) rely on statements from these witnesses to incriminate lawyers.

These anonymous witnesses are typically individuals who were previously tried for involvement in illegal organisations. They are offered acquittal or release from prison in exchange for providing false testimonies. In other words, they have a strong interest in fabricating statements against lawyers. Despite the evident legal issues surrounding this practice, judicial authorities, including judges and courts, continue to issue arrest warrants and impose prison sentences on this basis.

These lawyers stand in direct opposition to the established system, prioritising advocacy over profit. Their dedication extends beyond mere legal practice. They champion the rights of workers, the oppressed, women, Kurds, the impoverished, revolutionaries, and socialists. They consistently follow political trials and cases involving instances of violence in prisons. Consequently, they have drawn the attention of the authorities, who seek to incapacitate and suppress them. ÇHD lawyers operate within this framework, consistently finding themselves targeted due to their approach to the practice of law and their activism.

Nine ÇHD lawyers were arrested on 18 January 2013, and fifteen more on 12 September 2017. The 2017 investigation was concluded by 2019, leading to 18 ÇHD lawyers receiving prison sentences of up to ten years. Currently, fifteen ÇHD lawyers remain incarcerated in various prisons across the country. Despite the absence of concrete evidence within the case files, the primary basis for prosecution in both trials was the testimony of anonymous witnesses. Ebru Timtik, one of the ÇHD lawyers arrested during the 2017 trials, passed away on 27 August 2020, while on a hunger strike protesting for a fair trial.

GS. The detained ÇHD lawyers are currently being held in F-type prisons located across different regions of the country. These facilities represent a penal execution model centred around isolation, implemented since 22 December 2000. Prisoners are typically confined to cells designed for one to three occupants. This system is not exclusive to lawyers; other individuals arrested or convicted under the Anti-Terror Law are also placed in these prisons. ÇHD lawyers do not receive special treatment distinct from other prisoners, enduring the same violations of rights. Within F-type facilities, prisoners are largely restricted from interacting with anyone beyond their cellmates. Since 2016, conditions in F-type prisons have deteriorated significantly, with increased pressure and deprivation of prisoners’ legal rights. For example, the right to communication, initially established and implemented in 2007 to permit gatherings of up to 10 people for a few hours on designated days of the week, has been severely restricted. The most pressing issues within these facilities include instances of ill-treatment and torture, frequent application of disciplinary measures, the denial of access to books, forced transfers, and other restrictions on the right to communication.

Adding to these concerns, the government has introduced new types of prisons over the past two years, including Y-type, S-type, and other high-security models. These institutions feature even greater degrees of isolation compared to F-type prisons. They are characterised by pervasive surveillance, with cameras installed everywhere, even within cells. Prisoners are only permitted one or two hours of outdoor time per day, while the windows in their cells remain covered with wire fences.

As far as we know, no lawyers have been placed in these new types of prisons. However, given their utilisation for individuals sentenced under the Anti-Terror Law, there is a strong possibility that incarceration of lawyers in these prisons will become the norm in the future.

GS. Due to severe repression within the country, it is often difficult for the opposition to voice their concerns without risking imprisonment. Therefore, international solidarity holds significant importance in this regard. Numerous European Bar Associations have voiced their concerns about the situation of ÇHD lawyers, issuing statements and organising protests. Large delegations have closely monitored the trials of these lawyers. Additionally, many international legal institutions have made repeated visits to the imprisoned ÇHD lawyers, compiling reports and statements on the conditions of their imprisonment. Their advocacy efforts serve, to a certain degree, as a deterrent against the government’s imposition of negative and unlawful practices.

However, the current government tends to disregard the initiatives and reports of European legal bodies. It pursues its own agenda independently, without regard for the discourse and actions of European legal institutions, as it seeks to maintain its established hegemony over society through oppression and coercion. In recent years, this has even extended to ignoring decisions handed down by the European Court of Human Rights (ECtHR), particularly those that do not align with the government’s objectives.