Criminalisation Of Istanbul Bar Assoc & Dismissal Of Executive Board, A Chilling Attack On The Independence Of Lawyers

Scoop

31-05-2025

GENEVA (30 May 2025) – UN experts* today expressed alarm at the criminal charges against 10 members of the Istanbul Bar Association, and its President, İbrahim Kaboğlu and the arrest of board member Firat Epözdemir, following the Bar Association's statement calling for an effective investigation into the deaths of two journalists in a conflict zone.
The President of the Bar Association and its members were charged with disseminating 'terrorist propaganda' and 'public dissemination of misleading information'.
'Criminal prosecution in retaliation for the exercise of free speech is an alarming assault on freedom of expression and lawyers' rights to practice their profession and express their views in line with international standards,' the experts said. 'This attempt to silence the Bar Association by weaponising the law is an appalling violation of international law and sets a troubling precedent.'
'It is particularly unsettling that the criminal investigation follows a statement that called for accountability and justice for journalists killed while doing their work,' they said. 'Efforts to fight impunity, particularly for killings of journalists, should be upheld and not criminalised.'
On 21 December 2024, the Istanbul Bar Association issued a statement condemning the deaths of two journalists reportedly killed in a Turkish drone strike in Northern Syria on 19 December 2024. The statement stressed that the targeting of journalists in conflict zones is a violation of international humanitarian law and called for an effective investigation into the deaths of the two journalists.
On 22 December 2024, the Istanbul Chief Public Prosecutor's Office launched a criminal investigation against the Bar's leadership, on grounds of disseminating terrorist propagandaand 'publicly disseminating misleading information'. The criminal hearing is scheduled for 28 and 29 May 2025 at the Marmara prison (formerly Silivri prison).
Following a lawsuit filed by the same Prosecutor, on 21 March this year, the Istanbul 2nd Assize Court issued a ruling to remove the elected leadership of the Istanbul Bar Association under Article 77/5 of the Attorneyship Law, claiming it had exceeded its professional mandate. The decision mandates the dismissal of the Bar's president and executive board and orders new elections.
'The executive body of a bar association must be able to perform its functions without external interference,' the experts said.
They warned that the weaponisation of misinformation and terrorism-related charges to punish and silence calls for justice and accountability was a misuse of the criminal justice system and a clear breach of international law and standards.
'Under international law, counter-terrorism legislation must be sufficiently precise to prevent its use to unjustifiably limit the exercise of fundamental freedoms,' they said.
'This is a case of legal harassment that should be dismissed at the earliest opportunity,' the experts said. 'We call for the immediate release of Firat Epözdemir, who has been detained since 25 January in connection with these accusations.'
The experts recalled that the free exercise of the legal profession was crucial to ensure access to justice, oversight of state power, protection of due process and judicial guarantees.
'States must guarantee that those who practice law can do so free from intimidation, obstacles, harassment or interference,' they said, 'their function is key to the right to a fair trial'.
The experts have been in touch with Türkiye about their concerns.
*The experts: Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Ms. Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.