MRAP
Is a French organisation born of underground resistance to Nazism and fascism, it was officially founded in 1949 on the initiative of former members of the Resistance and deportees. MRAP is member of the French National Human Rights Institution (Commission Nationale Consultative des Droits de l’Homme – CNCDH) and it enjoys UN-ECOSOC status since 1974.
The objectives of the organisation are to combat all forms of racism, promote friendship among peoples and equal rights for all human beings.
KURDISH CENTRE FOR HUMAN RIGHTS (Kurd-CHR)
Is a Swiss organisation created in 2000, whose main objective is to collect and analyse information about the violation of human rights of the Kurdish people in Türkiye, Syria, Irak and Iran and to inform the public, as well as the UN Human Rights mechanisms.
The organisation also develops cultural projects aiming to raise awareness of Kurdish culture and support the integration of the Kurdish population in Switzerland.
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INTRODUCTION
The report documents cases where legal authorities criminalized lawyers for practicing their profession and associated them with their clients’ alleged crimes without evidence. The report highlights issues that allow for interventions against human rights defenders through judicial activities, undermining the independence of the judiciary, the right to a fair trial, and the right to freedom and security.
The report concludes that targeting defence lawyers with baseless and threatening investigations and prosecutions by the authorities damages a significant mechanism that guarantees the right to a fair trial in Türkiye.
DIYARBAKIR
On the morning of 25 April 2023[1], it was reported by media outlets that approximately 3,500 police officers had gathered and an operation was ordered under the investigation conducted by the Diyarbakir Chief Public Prosecutor’s Office. On the same day, video recordings were shared with media outlets, and Interior Minister Süleyman Soylu made statements on his social media account, linking the arrested individuals to the alleged practice of law on behalf of an organization.
(https://twitter.com/suleymansoylu/status/1650854154141663232?s=20)
It appeared that under the investigation conducted by the Diyarbakir Chief Public Prosecutor’s Office, a search and detention order was issued by the Diyarbakir 3rd Criminal Court of Peace. Based on this order, searches and subsequent detentions were carried out at the homes and offices of 25 lawyers registered with various Bar Associations (3 from Mardin Bar Association, 1 from Batman Bar Association, 1 from Malatya Bar Association, 1 from Şanlıurfa Bar Association, and 19 from Diyarbakir Bar Association), as well as journalists, artists, and human rights defenders. The Freedom for Lawyers Association General Center was also searched.
The same day, home searches were conducted for 17 lawyers, and office searches were conducted for 5 lawyers, who were then detained. An appeal was immediately made against the arrest and detention order, but the request was rejected without any justification. The search warrant did not clearly state the accusations or the reasons for the decision.
The search warrant was obtained with vague and ambiguous statements, without specifying the subject of the accusation, contrary to Article 58 of the Attorneyship Law. During the home searches, the requirements of obtaining a court decision and having a Bar representative and a public prosecutor present were not met. During the office search of the 5 lawyers, Bar representatives and a public prosecutor were present.
[1] See also OMCT (SOS Torture Network) statement at https://www.omct.org/en/resources/statements/t%C3%BCrkiye-wave-of-detentions-and-arrests-against-human-rights-lawyers
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