Union of Bar Associations President rebels: 'A heavy blow is being dealt to democracy'

Union of Turkish Bar Associations President Erinç Sağkan delivered a striking speech at the Judicial Year opening ceremony, which was attended by members of the high judiciary, members of parliament, and Minister of Justice Yılmaz Tunç. Sağkan harshly criticized the unlawful aspects of investigations conducted into certain mayors and the practice of appointing state trustees.

“The unlawful practices in investigations conducted into the elected mayors of certain provinces and districts, as well as the practice of appointing trustees, are not limited to violating the fundamental rights and freedoms of the individuals concerned; they also cause severe damage to constitutional democracy due to the representation of the popular will they hold.”

“NO ONE IS ABOVE THE LAW”

Emphasizing that everyone is equal in a state governed by the rule of law, Sağkan said:

“In a state governed by the rule of law, no one is above the law, nor is anyone unaccountable. However, detaining individuals who are known to appear when summoned, applying the measure of detention disproportionately to the point where it ceases to be an exception and turns into a punishment, sharing images that violate the presumption of innocence and the right not to be stigmatized, failing to prepare indictments within a reasonable time, and not applying judicial control provisions for those with serious health problems create a deep distrust in the criminal justice system.”

“THIS PAVES THE WAY FOR ARBITRARINESS”

Drawing attention specifically to the arrest of lawyer Mehmet Pehlivan due to his professional activities, Sağkan stated that this is a direct interference with the right to defense:

“The fact that Mehmet Pehlivan was subjected to an investigation and arrested due to his professional activities is, alongside the effort to render independent defense ineffective, a clear violation of the right to defense and, consequently, the right to a fair trial. These practices, which erode citizens' faith in justice and democratic institutions, fundamentally shake the principle of the rule of law, leading to the blurring of constitutional boundaries and paving the way for arbitrary practices.”

“A FAIR TRIAL IS A SOCIETAL RIGHT”

At the end of his speech, Sağkan pointed out that the right to a fair trial is essential not only for suspects and defendants but also for the protection of society's sense of justice:

“It should not be forgotten that the right to a fair trial, guaranteed by Article 36 of the Constitution and Article 6 of the European Convention on Human Rights, is an obligation that must be fulfilled not only toward the suspect or defendant but also toward society's sense of justice.”