'The right to a fair trial violated in the ÇHD case'

Representatives from 25 international legal organizations and bar associations, who visited Turkey from November 6 to 10, 2023, to examine the judicial process in the Progressive Lawyers Associationi (ÇHD) case, documented the information they acquired.

The representatives, who met with eight detained lawyers and attended the ÇHD case hearings at that time, also conducted an examination regarding the prison conditions.

The delegation consisting of representatives from legal organizations met with Aytaç Ünsal at Edirne Prison, Engin Gökoğlu, Süleyman Gökten, and Özgür Yılmaz at Tekirdağ Prison, Aycan Çiçek at Kandıra Prison, and Oya Aslan, Selçuk Kozağaçlı, and Barkın Timtik at Silivri Prison.

"Lawyers convicted and sentenced following blatantly unfair trials"

In their assessment included in the report, the delegation stated that their findings indicated a concerning violation of international human rights law and standards, and a blatant disregard for the protection of lawyers:

"All of the detained lawyers interviewed were convicted and sentenced following blatantly unfair trials. Violations of the right to a fair trial during court proceedings were extensively documented, consistent with previous fact-finding missions and trial observations."

"The principle of equality of arms was not upheld."

The international delegation, in their observations regarding the hearings held on November 6-9, 2023, determined that the principle of "equality of arms," a criterion of international law, was not adhered to: "It was observed that some defense lawyers did not have the opportunity to question certain witnesses, thus violating Article 6(3)(d) of the European Convention on Human Rights."

"The failure of the prosecution to provide access to relevant information, files, and documents necessary for lawyers to provide effective legal assistance to their clients also violated the right to have adequate time and facilities for the preparation of the defense."

Unlawful interception of the phones

The report highlighted that the unlawful interception of the phones of the prosecuted lawyers demonstrated a pattern of harassment and intimidation aimed at lawyers solely for carrying out their professional duties.

Vague definition of 'terrorism' in the Anti-Terror Law

The delegation also drew attention to the vague definition of "terrorism" in the Anti-Terror Law, stating that lawyers accused in the ÇHD case were also prosecuted based on this broad and ambiguous definition."

Additionally, the international delegation expressed concern about the arrest and detention of lawyers due to their professional activities and human rights advocacy. The report highlighted that lawyers' rights to assembly, organization, and freedom of expression are protected by both national and international regulations.

Torture and ill-treatment

The delegation expressed that they identified a series of international law violations in the situations of the detained lawyers they met with. They mentioned that lawyers Oya Aslan, Engin Gökoğlu, Barkın Timtik, Aytaç Ünsal, and Özgür Yılmaz were subjected to torture or other ill-treatment while in detention, and they reviewed reports regarding this matter. They added that complaints of ill-treatment were not subjected to impartial and independent investigations by authorities, which they deemed another violation of both international and national laws.

Prison conditions

The international delegation also expressed concerns about the strict isolation regime that restricts detained lawyers from accessing regular and meaningful contact not only with other inmates but also with other individuals, including family members and friends. Access to recreational, cultural, and exercise activities for lawyers is being denied.

Recommendations

The "recommendations" section of the report called on the government to take the following steps:

• Immediately and unconditionally release detained lawyers Oya Aslan, Aycan Çiçek, Engin Gökoğlu, Süleyman Gökten, Selçuk Kozağaçlı, Barkin Timtik, Aytaç Ünsal, and Özgür Yılmaz.
• Conduct an independent and impartial investigation into allegations of torture and other ill-treatment against detained lawyers, and ensure that perpetrators are prosecuted fairly.
• Guarantee legally that lawyers in Turkey do not become identified with their clients and their clients' cases.
• Ensure that lawyers can carry out their legitimate professional activities without fear of retaliation and undue interference.

(AS/PE)