38 Bar Associations react to the appointment of a trustee in Esenyurt

Following the arrest of CHP's Esenyurt Mayor Ahmet Özer on charges of being a member of a terrorist organization, a trustee was appointed to the Esenyurt Municipality.

With the CHP Headquarters also establishing a base in Istanbul, a large number of citizens expressed their reaction to the trustee at a rally held today.

JOINT STATEMENT FROM 38 BAR ASSOCIATIONS

In a joint statement issued by 38 bar associations, including the Istanbul Bar Association, the trustee practice was met with opposition.

The statement included the following expressions:

"THE TRUSTEE PRACTICE IS A BLOW TO DEMOCRACY

TO THE PRESS AND THE PUBLIC

Following the arrest warrant issued for Istanbul Province Esenyurt District Mayor Prof. Dr. Ahmet Özer, he was removed from office by the Ministry of Interior in accordance with Article 47 of the Municipal Law, and a trustee was appointed to the mayoral office by the Istanbul Governorship in accordance with Articles 45 and 46 of the Municipal Law.

Given the office he represents, it was possible for him to go and provide a statement upon invitation; therefore, his detention and the issuance of an arrest warrant despite the lack of risk of evidence tampering or flight are disproportionate security measures and are unlawful.

The investigation procedures and practices regarding this matter are clearly and multi-dimensionally contrary to the Constitution and international conventions to which Turkey is a party. The search, detention, and arrest procedures have violated Articles 2, 19, 20, 127, and 138 of the Constitution.

The appointment of a trustee to the popular will that emerged as a result of the exercise of the right to vote, which is the most important element of democracy, represents a major violation in terms of democratic values. The trustee practice is clearly contrary to the principle of a democratic state of law and local democracy.

While the damage caused by the trustee practice to Turkey's democracy remains in our memory, resorting to this path again is unacceptable.

The legality of the trustee practice does not eliminate its unconstitutionality or its legal and social illegitimacy.

We, the undersigned Bar Associations, state that the arrest measure applied to Esenyurt Mayor Ahmet Özer is disproportionate and that the ongoing legal process must be conducted in compliance with the right to a fair trial and the presumption of innocence, and we call for an end to the trustee procedure."