The Istanbul Chief Public Prosecutor’s Office’s Terror Investigation Bureau has filed a lawsuit seeking the dismissal of Istanbul Bar Association President İbrahim Kaboğlu and its Board Members, including Rukiye Leyla Süren, Hürrem Sönmez, Ahmet Ergin, Metin İriz, Mehmedali Barış Beşli, Yelda Koçak Urfa, Fırat Epözdemir, Ezgi Şahin Yalvarıcı, Ekrem Bilen Selimoğlu, and Bengisu Kadı Çavdar. The lawsuit requests their removal and the election of new members.

Accusations Against the Istanbul Bar Association

The lawsuit alleges that the Istanbul Bar Association’s leadership engaged in “propagating terrorist organization content via press and media” and “publicly disseminating misleading information via press and media.” According to the case file, the Ministry of Justice granted permission for prosecution concerning the association’s controversial statement on December 25, 2024.

The Bar Association had earlier challenged the ministry’s decision to allow the investigation by filing a cancellation lawsuit in an Administrative Court, arguing that the permission was “unlawful.” On January 13, 2025, the Association reiterated its position, labeling the investigation as legally baseless.

In a public statement, the Association said:
“The Istanbul Bar Association, which remains steadfast in its commitment to upholding the rule of law, has been compelled to pursue legal remedies against unlawful acts targeting the Bar’s corporate entity. A cancellation lawsuit has been filed against the Ministry of Justice’s action, which violates the Advocacy Law, ministry directives, and the Constitution.”

Context of the Case: A Statement on Journalists Killed in Syria

The legal proceedings stem from the Bar Association’s December 21, 2024, statement about journalists Nazım Daştan and Cihan Bilgin, who were killed on December 19, 2024, in a drone strike in an area of Syria controlled by the Syrian Democratic Forces (SDF) and the People’s Protection Units (YPG).

In its statement, the Bar Association called for an immediate investigation into the incident, asserting: “According to reports, journalists Nazım Daştan and Cihan Bilgin lost their lives on December 19 while covering developments in Syria. Targeting journalists in conflict zones constitutes a violation of International Humanitarian Law and the Geneva Conventions. We demand an investigation into this violation of international law and accountability for those responsible.”

The Prosecutor’s Office claims that both journalists were under investigation for alleged membership in and propaganda for a terrorist organization. They were also being tried at Gaziantep 2nd High Criminal Court. The statement, according to the prosecution, amounts to activities beyond the Bar’s legal mandate.

Legal Basis for the Dismissal Request

The Prosecutor’s Office argues that the Bar Association violated Article 76 of the Advocacy Law, which states that bars are public professional organizations and must not operate outside their established objectives. The case is also based on Article 77, which permits the dismissal of bar boards found to engage in activities beyond their scope, as determined by civil courts upon the request of the Ministry of Justice or a Prosecutor’s Office.

Defiance and Solidarity

On January 7, 2025, Istanbul Bar Association Board Members testified before five public prosecutors, rejecting all allegations. Erinç Sağkan, President of the Union of Turkish Bar Associations (TBB), rallied in support at the Istanbul Courthouse, stating:
“We stand against this unlawful investigation, which restricts freedom of expression. By defending the Istanbul Bar Association, we are defending the fundamental rights and freedoms of all citizens. For 147 years, this Bar has not been silenced, intimidated, or frightened, and it will continue to stand with courage and justice.”

Statement of President of Istanbul Bar

AssociationProfessor İbrahim Kaboğlu, president of the Istanbul Bar Association, announced today that in response to the lawsuit, an extraordinary general assembly of the Istanbul Bar Association will be held on February 23 to overrule any negative outcome of the lawsuit filed by the Istanbul Public Prosecutor’s Office. He said:

The investigation and the lawsuit are not legally grounded. However, the Istanbul Chief Public Prosecutor’s Office has not only conducted an investigation in violation of the Constitution and the law but has also filed a lawsuit seeking to terminate the leadership of the Istanbul Bar Association. This, too, is unconstitutional and violates the Advocacy Law and legal principles.

This is essentially an external intervention in the democratic governance of bar associations. It is an interference in the will of thousands of lawyers who elected the leadership of the Istanbul Bar Association. Under no circumstances can any institution in the Republic of Turkey act outside the Constitution. This is because the legislative, executive, and judicial branches are bound by the Constitution and must remain so.

We could not and did not remain silent in the face of this unconstitutional intervention. In this regard, democratic will has manifested itself here. But we will not stop here. I am announcing our decision to hold an extraordinary congress on February 23. The February 23 Congress will declare to the public, with the support of Istanbul Bar Association’s 67,000 lawyers and all bar associations, what democracy means and how it can only function and be built through the rule of law. You are all invited to the February 23 Democracy Congress.

Similar Case: Turkish Medical Association’s Leadership Dismissal

This case closely mirrors proceedings against the Central Executive Board of the Turkish Medical Association (TTB) following comments by its then-president, Şebnem Korur Fincancı, regarding the Turkish Armed Forces. Accused of “terror propaganda,” the TTB Board was dismissed by the Ankara 13th Civil Court of First Instance on November 30, 2023.

Increasing Pressure on Bar Associations in Turkey

According to a recent report by the International Bar Association’s Human Rights Institute (IBAHRI) and The Arrested Lawyers Initiative (TALI), since 2016, increasing interference by the government in the functioning of bar associations, including through the imposition of regulatory measures and administrative constraints, has curtailed the ability of bar associations to act as effective bulwarks for the legal profession. The Special Rapporteur on the Independence of Judges and Lawyers noted that in Turkey, over 34 lawyers’ associations have been shut down by decrees, with their assets confiscated without compensation following the declaration of the state of emergency in June 2016. The chairs, board members, and ordinary members of these associations have also been prosecuted and sentenced to long-term imprisonment.

The closure or imminent threat of closure by authorities has had a chilling effect on the ability of lawyers’ associations to act independently and protect the interests of the legal profession. Prominent bar associations in Turkey have played an increasingly critical role in documenting human rights abuses and highlighting the erosion of the rule of law and fair trial rights. As a result, they have been particularly targeted for their work by the government.

Further, the enactment of a controversial law (Law no. 7249) amending the Law on Lawyers significantly reduced the representation of lawyers from Turkey’s main cities, disempowering large bar associations that have been critical of government actions. This legislation contravenes the UN Basic Principles on the Role of Lawyers and the Council of Europe Committee of Ministers’ Recommendation No. R (2000) 21, which stipulate that:
a. Bar associations must be able to exercise their functions without external interference from the government or other actors.
b. Bar associations or other professional lawyers’ organizations should be self-governing bodies, independent of authorities and the public.

Categories: Turkey Human Rights Blog