Lawyers in Turkey are now at risk of physical violence even in ourt. On 13 September, during the hearing of the case of the Spokesperson of the Free Women’s Movement, Ayşe Gökkan, the president of the 9th Heavy Penal Court of Diyarbakır ordered the defence lawyer to be escorted out of the room by police force.
The behaviour of the Court president during this hearing leaves much to be desired. The entire hearing was disrespectful of the UN basic principles on the Role of Lawyers as well as Article 6 of the Turkish Penal Code. The actions undertaken by the Court president led 78 bar associations, from all over the country, to sign a joint statement denouncing such approach and reiterating their determination “to defend the rule of law, right to a fair trial, defence, their profession and colleagues (…) in the face of the mounting threats and attacks on defence and the profession of attorneyship”.
Physical violence against lawyers is the latest blow against legal professionals in Turkey. Even before the failed coup of 2016, they were the target of systematic persecution and attacks, which include arbitrary arrests, detention, interrogation, and prosecution. The independence of the legal profession is an essential guarantee for the rule of law and the protection of human rights of all citizens, these are often denied representation because lawyers refrain from taking up cases for fear of reprisals. Lawyers under investigation for terrorism can find themselves barred from acting for clients facing a terrorism investigation. Courts can prevent them from accessing investigation files of individuals in police custody on suspicion of terrorism offences. The daily BirGün documented a total of 1,576,566 people investigated for “terrorism” between 2016 and 2020.
This escalation in the targeting of lawyers goes hand in hand with legislative reforms, adopted during and after the state of emergency, which continue to curtail the rule of law and the independence of the judiciary and the legal profession in Turkey.