London, 28 November 2011
Dear Prime Minister ErdoթժԴan,
I am writing on behalf of the Bar Human Rights Committee of England and
Wales (BHRC). The BHRC is the international human rights arm of the Bar of
England and Wales. It is an independent body primarily concerned with the
protection of the rights of advocates and judges around the world. The
Committee is also concerned with defending the rule of law and
internationally recognised legal standards relating to human rights and the
right to a fair trial.
The members of the BHRC are united in their deep concern at news of the
arrests of 51 Turkish lawyers during raids carried out simultaneously in
many Turkish cities and provinces on 22 November 2011.
The BHRC carries out its work on the basis of the Preamble on the Function
of the Lawyer in Society, adopted by the CCBE (Council of the Bars and Law
Societies of the European Union).
This provides that every lawyer must serve the interests of justice, as well
as the interests of those whose rights and liberties he or she is entrusted
to defend.
Respect for the professional function of lawyers is an essential condition
for the rule of law and democracy in every society.
These arrests are the latest step following on from the very recent threats
by the Turkish prosecutors and courts, to persecute the large number of
lawyers who are defending 152 accused in a mass trial in DiyarbakթԹ՞r. This
trial is due to be continued on 6 December 2011.
In this trial, the lawyers took the principled position that they were not
able to defend their clients any further, after the DiyarbakթԹ՞r Court ordered
that the accused were not permitted to speak their own native, Kurdish
language, in their trial.
All the defence lawyers, as a group, and also the Leader of the DiyarbakթԹ՞r
Bar, were threatened in strong terms in advance by the Prosecutors, and by
the Court itself, that they would be persecuted if they did not immediately
continue to defend their clients in the Turkish language.
We respectfully draw the attention of the Turkish authorities to the fact
that the arrests and threats constitute grave violations of every human
rights treaty to which Turkey is a party.
Furthermore, it would appear that the Basic Principles on the Role of
Lawyers, adopted by the UN Congress in Havana in September 1990 have not
been respected.
According to these principles, governments are obliged to ensure that
lawyers are able to perform all of their professional duties without
intimidation, hindrance, harassment or improper interference.
Governments must also guarantee that lawyers do not suffer persecution or
threats of persecution or any sanctions for carrying out their duties as
lawyers.
The Turkish Government appears to be acting contrary to these Principles.
Therefore the BHRC calls upon the Turkish authorities to implement the
following measures without delay:
թԹգթԹ թԹ թԹ թԹ թԹ թԹ թԹ the immediate release and reinstatement in their duties as lawyers
of all the lawyers who have been arrested or threatened;
թԹգթԹ թԹ թԹ թԹ թԹ թԹ թԹ the restoration of the full and free exercise of their independent
advocacy role.
The BHRC respectfully informs the Turkish authorities that its members will
follow the mass trial closely.
The BHRC also urges the Turkish authorities to respond as soon as possible
with a full and positive response to the serious matters raised in this
letter.
Yours respectfully,
Prof. Bill Bowring, Barrister, BHRC Executive Committee member
CC:
* HE President Dr Abdullah GթԹԶl
* Deputy Prime Minister responsible for human rights Mr. Beթ
ժԴir Atalay
* Justice Minister Mr. Sadullah Ergin
թԹգթԹ թԹ թԹ թԹ թԹ թԹ Ambassador Mr. Selim Kuneralp, Diplomatic Mission of Turkey to the
European Union in Brussels
* Ambassador, Mr. OթժԴuz Demiralp, Permanent Mission of Turkey to the
United Nations in Geneva
* Consul General Ahmet Demirok
* HE Ambassador David Reddaway
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