The International Commission of Jurists (ICJ) expresses concern over the criminal proceedings initiated against the Istanbul Bar Association, including its President, İbrahim Kaboğlu, and members of its executive board. The ICJ further condemns the detention of Fırat Epözdemir, a member of the executive board, who was arrested upon his return from an advocacy visit to Council of Europe institutions. These actions constitute a direct attack on the independence of the legal profession and the rule of law in Türkiye.
The criminal proceedings were initiated following a statement issued by the Istanbul Bar Association on 21 December 2024, which called for an independent investigation into the deaths of journalists Nazım Daştan and Cihan Bilgin, who were killed in northern Syria on 19 December 2024. The statement highlighted concerns regarding the targeting of journalists in conflict zones and underscored the need for accountability under international humanitarian law. In response, Türkiye’s authorities accused the Bar Association of “making propaganda for a terrorist organisation” and “disseminating misleading information,” leading to the initiation of criminal investigations and a lawsuit seeking the dismissal of its leadership.
These actions take place within a broader pattern of State-led restrictions on lawyers in Türkiye. In recent years, mass trials have targeted hundreds of lawyers, particularly those engaged in human rights and political defence work. Many have faced lengthy pre-trial detention or convictions based on vague and overbroad terrorism-related charges. The prosecution of legal professionals not only violates their individual rights but also obstructs access to justice and weakens public confidence in the rule of law.
The Türkiye’s authorities’ actions violate international legal standards protecting the independence of lawyers. Article 14 of the International Covenant on Civil and Political Rights guarantees the right to a fair trial, including the right to independent legal representation. Article 6 of the European Convention on Human Rights similarly enshrines the right to an independent legal defence. The UN Basic Principles on the Role of Lawyers prohibit state authorities from interfering with the independence of lawyers and their representative bodies. Additionally, the Council of Europe Committee of Ministers’ Recommendation (2000)21 on the Freedom of Exercise of the Profession of Lawyer affirms that bar associations must be free to operate independently and should not be subject to government control or intimidation.
The Türkiye’s authorities must immediately cease all criminal investigations and legal proceedings against the Istanbul Bar Association’s leadership. The government must unconditionally release Fırat Epözdemir and any other legal professionals arbitrarily detained for carrying out their professional duties. Türkiye must guarantee that lawyers can perform their functions without fear of prosecution or retaliation.
Background:
On 21 December 2024, the Istanbul Bar Association published a statement condemning the killing of journalists Nazım Daştan and Cihan Bilgin in northern Syria and calling for an independent investigation into the circumstances of their deaths. The statement emphasized that the targeting of journalists constitutes a violation of international humanitarian law and urged authorities to hold those responsible to account. In response, Türkiye’s authorities accused the Bar Association of engaging in political activism beyond its professional mandate and initiated legal proceedings to remove its leadership.
These developments form part of a broader trend of repression against lawyers in Türkiye. Since 2016, more than 1,600 lawyers have been prosecuted, with over 600 sentenced to lengthy prison terms on terrorism-related charges. The UN Special Rapporteur on the Independence of Judges and Lawyers and other international legal bodies have repeatedly raised concerns over these practices. The use of counterterrorism legislation to silence legal professionals has led to widespread self-censorship, impairing the ability of lawyers to provide independent legal defence and support human rights causes.
Under the UN Basic Principles on the Role of Lawyers, Article 16 states that governments must ensure that lawyers can perform their professional functions without intimidation, hindrance, harassment, or improper interference. Article 23 affirms that lawyers, like other citizens, are entitled to freedom of expression and association and should not face legal or administrative sanctions for engaging in activities that uphold human rights and the rule of law. The prosecution of Istanbul Bar Association members for fulfilling their professional duties is inconsistent with these principles and represents a clear violation of Türkiye’s international obligations.