A 'civilian coup' Constitution through selected trauma

The date, location, and subject have been carefully chosen. 

Date:  May 27, 2024

Location:  Freedom and Democracy Island (Yassıada) Adnan Menderes Congress Center

Subject: Century of Turkey Constitution / Civilian Constitution Strong Turkey Symposium

Organizer: Istanbul Bar Association No. 2

Starting his opening speech at the symposium with the sentence, "I congratulate our Bar Association No. 2 for bringing us together to discuss the Century of Turkey Constitution," Erdoğan called for a Civilian Constitution.

Stating, "We cannot continue with the current Constitution, which reflects the consensus of the elites. We cannot make our nation live with this shame any longer. I believe that a new Constitution is a national duty," Erdoğan pointed out that drafting a new constitution in the 28th legislative term is the national duty of the political establishment.

Following his remark, "As a government that has brought Turkey its greatest democratic victories in its history, we will maintain our constructive and conciliatory attitude to the end," he summarized the strategy of drawing the opposition into the New Constitution arena in a single sentence by saying, "I do not think that our counterparts in the opposition will insist on condemning and forcing our country to remain under a coup constitution."

The answer to the question of for what purpose the provision in the Attorneyship Law regarding the establishment of only one bar association in each province was changed has been provided by the May 27 Yassıada symposium. It is desired that bar associations stand not against, but alongside the executive branch on issues such as law, democracy, judicial independence, human rights, environmental sensitivity, protection of cultural heritage, zoning plunder, corruption, etc. The desire to receive support from the legal tribune instead of standing against the unlawful practices of the political power has paved the way for second bar associations. Because, second bar associations have been designed as legal branches that approve and defend every action of the political authority.

The primary goal of the changes in the attorneyship law that paved the way for second bar associations was to create parallel bar associations that would sideline the bar associations with high membership numbers that they could not seize through elections and turn into partisan entities. The practice displayed since their establishment has proven that the second bar associations, which have been implemented for now in Ankara and Istanbul, cannot have any mission other than approving every action of the government and providing support from the legal tribune on needed issues.

What is painful is that our bar association presidents/colleagues and the Union of Turkish Bar Associations (TBB), who were not allowed into Ankara when they came to hold a protest march against the changes made to the attorneyship law for this purpose and who spent the night in parks, today appear to have lost their sensitivity from the previous period regarding the parallel bar association structure. In other words, there is no institutional voice coming from the TBB and the bar associations during this period, with few exceptions, against the second bar associations, which were manufactured as the legal branch and legal crutch of the government.

Furthermore, there is no loud objection heard from our bar associations regarding the Presidential government system, the regime of the leader who gathers all power in his own hands, and the ineffective Grand National Assembly of Turkey (TBMM).

While the campaign to provide legal legitimacy to the de facto despotism being experienced continues at full speed with the demagoguery of a Civilian Constitution, and while the second bar associations fulfill the function expected of them by the government, the public expects a stance and posture in favor of the law from the bar associations and the Union of Turkish Bar Associations. The historical responsibility of remaining silent in the face of the public's rightful expectation rests on the shoulders of our bar associations and the Union of Turkish Bar Associations.