Reaction to the rejection of the request regarding İmamoğlu's imprisoned lawyer Mehmet Pehlivan: Joint statement from 76 bar associations

Connecting via SEGBİS from the Çorlu Karatepe High-Security Penal Institution where he is currently imprisoned, Mehmet Pehlivan, the lawyer for CHP's presidential candidate and Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, spoke at the first hearing of the "Diploma Case" held in Silivri yesterday: “We are currently experiencing a first in judicial history…

As an imprisoned lawyer; I was made to appear at the hearing without even wearing my robe, and without having met with my client even once.

As lawyers, we can be deprived of our freedom while performing our duty of defense.

For example, me… Even though it is valuable for Turkish legal history that this is recorded, I refuse to provide a defense in this state due to many deficiencies. Furthermore, I request to be present in the courtroom at the next session, as required by the principle of immediacy for the defense.” However, the court, announcing its interim decision, rejected Mehmet Pehlivan's request.

JOINT STATEMENT FROM 76 BAR ASSOCIATIONS

76 bar associations across Turkey reacted to this decision by the Istanbul 59th Criminal Court of First Instance. In a joint statement, it was said, "This practice to which our colleague has been subjected has damaged the sanctity of the right to defense, the universal guarantees of the legal profession, and trust in the rule of law."

The joint statement is as follows:

"Our colleague, Attorney Mehmet Pehlivan, who is being held in prison unlawfully due to his legal activities, has been deprived of his robe, which is the symbol of independent defense, and the appropriate conditions necessary for conducting a defense, and has been forced to defend his client from prison via SEGBİS. While connecting via SEGBİS might be seen as a positive step regarding the right to defense, the rejection of our colleague's request to be present in the courtroom at the next session is an unacceptable stance that eliminates the right to defense.

This practice is clearly contrary to the Attorneyship Law, the Union of Turkish Bar Associations' Professional Rules, the right to a fair trial guaranteed under Article 6 of the European Convention on Human Rights, and the independence of lawyers as regulated in the UN Havana Rules.

The international conventions to which we are a party impose an obligation on states to ensure that lawyers can perform their duties free from any pressure, obstacles, or threats. These conventions guarantee the right of lawyers to meet with their clients in confidentiality and without hindrance, the independence of the profession, and the protection of professional symbols.

"Every pressure exerted on a lawyer is directed directly at the citizen's right to defense and a fair trial"

This practice to which our colleague has been subjected has damaged the sanctity of the right to defense, the universal guarantees of the legal profession, and trust in the rule of law. Every pressure exerted on a lawyer is directed directly at the citizen's right to defense and a fair trial. The legal profession is not a crime. A lawyer is the voice of their client, and our robe is the honor of our profession.

In this context; by once again reminding of the national and international norms that protect the right to defense, the independence of the profession, and legal activities, we respectfully announce to the public that we do not accept all these unlawful practices directed at our colleague, Attorney Mehmet Pehlivan, and that we will continue to defend the universal values of the profession against any attempt targeting the freedom and professional honor of lawyers."