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Int’l lawyers call on Turkey to drop lawsuit against İstanbul Bar Association

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The New York-based International Bar Association’s Human Rights Institute (IBAHRI) has expressed deep concern regarding a recent criminal investigation and lawsuit against the İstanbul Bar Association over its reaction to the killing of two Kurdish journalists in Syria last month, calling on authorities to stop targeting the bar.

Turkish prosecutors earlier this month filed a lawsuit and criminal charges against the İstanbul Bar Association and its chairman, İbrahim Kabaoğlu, for “disseminating terrorist propaganda” and “publicly disseminating misleading information” over its calls for a probe into the death of two Kurdish journalists in a drone attack in Syria.

The İstanbul Bar Association had called for an investigation into the death of journalists Nazım Daştan, 32, and Cihan Bilgin, 29, who were killed on December 19 near the Tishrin Dam, east of Aleppo, while covering clashes between Ankara-backed forces and US-supported Kurdish fighters.

The Syrian Observatory for Human Rights said the cause of their death was a “Turkish drone strike.” Turkey attacks Kurdish militants groups in the region it accuses of terrorism.

In its statement the bar association said the targeting of journalists in conflict zones constitutes a violation of international humanitarian law and called for an investigation into the incident.

According to a statement from IBAHRI, the criminal investigation and lawsuit represent a direct challenge to the independence and functioning of the İstanbul Bar Association, which it said is an institution that plays a vital role in safeguarding human rights and upholding the rule of law in Turkey.

The group also said the recent arrest of lawyer Fırat Epözdemir, an executive board member of the İstanbul Bar Association, upon his return from an advocacy visit to Council of Europe institutions has further deepened these concerns.

Epözdemir was arrested on January 25 on allegations of “membership in a terrorist organization” and “disseminating propaganda for a terrorist organization” in a development that has been strongly criticized by the legal community in Turkey as lacking credible grounds and reinforcing the perception that the investigation may be part of retaliatory actions targeting the İstanbul Bar.

IBAHRI called on the Turkish authorities to immediately cease all investigations and legal proceedings targeting the İstanbul Bar Association’s leadership for carrying out their professional duties and in line with their mandate and release Epözdemir immediately and unconditionally.

The group also called on Turkey to respect its obligations under international law to ensure the independence of the legal profession and the right to freedom of expression and guarantee that bar associations can fulfill their professional duties without interference or intimidation.

The İstanbul Bar Association denounced the lawsuit and criminal charges against it as having “no legal basis” and said its executive council was “fulfilling its duties and responsibilities in line with the Constitution, democracy and the law.”

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