What happened at the Istanbul Bar Association's Extraordinary General Assembly? Reactions, applause, protests…

News: 12punto.com.tr

Following a lawsuit filed in the Civil Court of First Instance by the Istanbul Chief Public Prosecutor's Office, which sought the removal of the President and members of the Board of Directors and the election of a new bar president and board members, the Istanbul Bar Association convened an Extraordinary General Assembly without elections on Sunday, February 23. Reactions and protests did not cease at the general assembly held at the Haliç Congress Center. The hall became chaotic when Zeynep Küçük, a member of the Nationalist Lawyers Movement, daughter of retired Brigadier General Veli Küçük, and also his lawyer, expressed her reaction to foreign legal institutions…

In addition to the President of the Union of Turkish Bar Associations (TBB), Attorney Erinç Sağkan, the non-election congress held at the Haliç Congress Center was attended by bar association presidents and lawyers from many provinces of Turkey, as well as political party representatives and numerous legal representatives from various countries around the world. It was stated that approximately 6,000 lawyers, who are members of the Istanbul Bar Association, attended the General Assembly. It was noted that the participation rate for the Bar Association, which has about 65,000 members, remained at around 11 percent.

At the general assembly, chaired by attorney Hasan Fehmi Demir, representatives of groups and numerous lawyers took the floor throughout the day to deliver speeches. In addition to speeches defending the institutional identity of the Bar, there were also reactions directed at the Bar management and its rhetoric, and the tension was seen to rise from time to time.

“A REHEARSAL IS BEING CONDUCTED”

Istanbul Bar Association President Attorney Prof. Dr. İbrahim Kaboğlu said in his speech, “For the last two months, Turkey has been conducting a rehearsal of how the defense is being reined in through the judiciary.”

Kaboğlu stated, “Unity is in the law. Law excludes violence. We never accept, have not accepted, and will not accept violence. A common denominator emerged here: ‘Those who come by election leave by election.’ Our colleagues from Europe have offered their support in the name of protecting human rights and the rule of law, as written in our Attorneyship Law. Since the Ottoman Empire, before the Treaty of Lausanne, the Turkish legal system has developed within the European legal system. The political regimes and legal orders that have emerged in the European and Mediterranean basin have, in this respect, contributed to Turkey's path toward a state of law, the protection of human rights, and the ensuring and defense of the rule of law. In this regard, we owe them a debt of gratitude. Our struggle is common.”

“WE DO NOT HAVE THE RIGHT TO REMAIN SILENT”

TBB President Attorney Erinç Sağkan said in his speech, “We are here to defend the rule of law and to say that we are together. They want to remove the elected bar administrators from office. In 2013, they also wanted to restrict the freedoms of the judiciary and the bar associations. The bar administrators who were put on trial that day are in this hall today. So, where are those who put them on trial? They have no names, they are not remembered, and they will not be remembered. We do not bow to oppression and pressure, we do not pledge allegiance. Because we know that if we remain silent, justice remains silent. We do not have the right to remain silent for the future of our country.”

“DO NOT TRY TO SOLVE TESTS THROUGH US”

Former Istanbul Bar Association President Attorney Mehmet Durakoğlu said, “As the Istanbul Bar Association, we care about the judiciary and we think that the discussions on this subject should be rational. Come to your senses. Do not try to solve tests through us. We are fighting for the impartiality and independence of the judiciary, which we consider the minimum principle of being a state of law, and we will definitely establish this.”

“YOU CANNOT REMOVE THE ELECTED MANAGEMENT FROM OFFICE”

Former Istanbul Bar Association President Attorney Filiz Saraç stated in her speech, “We lawyers are fighting for democracy and justice in a period when the defense is being rendered ineffective. As long as it is not a country where the judiciary is impartial and independent and fair trials are held, you will not be able to convince anyone of the legitimacy of any action you take. You cannot remove the elected Management of the Istanbul Bar Association from office, and you cannot force it to an election through the judiciary.”

Saraç criticized the Bar Management by saying, “We leave our criticisms regarding how we reached this point in the 4-month process to the General Assembly.”

“WE ARE AGAINST THE GOVERNMENT'S ATTEMPT TO DOMINATE THE ISTANBUL BAR ASSOCIATION”

Speaking on behalf of the Istanbul Nationalist Lawyers Group (İMAG), Attorney Hakan Çatak stated: “The current bar management has abused the authority it received from the general assembly and has made an effort to use our bar as a shield for its own political agenda. As İMAG, just as we are against the government's attempt to dominate the Istanbul Bar Association for political motives, we are also against the attitude and behavior of the Management, which has become identical to the government in terms of ignoring everyone but itself at the point reached. We also fundamentally reject the relationship of gratitude that the bar management has entered into with the main opposition party in order to win the election. To emphasize once again; what is essential in the Istanbul Bar Association is the will of the general assembly. The understanding that ‘those who come by election leave by election’ is a requirement of our common democratic culture.”

THE HALL BECAME CHAOTIC!

The hall became chaotic during the speeches of representatives of foreign bar associations and legal institutions, including those from Germany, France, and Geneva. Zeynep Küçük, the daughter and lawyer of retired Brigadier General Veli Küçük, who was sentenced to two aggravated life sentences and 99 years in prison in the Ergenekon case, shouted at the foreign legal institutions, “Will these imperialists teach us democracy? Will these men teach us human rights? Who is talking about what law when they haven't said a single word for Palestine?”

Some lawyers in the hall responded to Küçük, a member of the Nationalist Lawyers Movement who continued her reaction in a loud voice, with the slogan “Shoulder to shoulder against fascism.” After the arguments between the lawyers, Zeynep Küçük left the hall. The representatives of the foreign bar associations also stepped down from the podium.

“THE ISTANBUL BAR ASSOCIATION CANNOT BE A SHIELD FOR SEPARATISM!”

Reactions rose from the hall during the speech of the Nationalist Lawyers Movement Spokesperson Attorney Ayberk Çakalır from the podium. In his speech, Çakalır said, “In accordance with the 1st Paragraph of Article 14 of our Constitution, none of the rights and freedoms included in the Constitution can be used in the form of activities aimed at destroying the indivisible integrity of the state with its country and nation and abolishing the democratic and secular republic based on human rights. We are protecting our Bar. If Turkey exists, the Bar exists. Where there is no integrity of the homeland, there is no Bar; the Istanbul Bar Association cannot be a shield for separatism!”

“WE WILL NOT TAKE A STEP BACK FROM THE STRUGGLE FOR THE RULE OF LAW”

Istanbul Bar Association General Secretary Attorney Hürrem Sönmez read the final declaration to close the General Assembly. The declaration stated, “It is clear that members of the judiciary who systematically and continuously violate the presumption of innocence and rights guaranteed by the constitution, and who do not fulfill the requirements of a fair trial, are violating the law. We will not allow this; we will continue to defend the rule of law. As a country, we are on the edge of a cliff; a return to the state of law and democracy is essential for social peace and tranquility. As lawyers and bar associations, we are aware of our responsibility. Democracy through the rule of law can only be built within the framework of respect for the constitution and general principles of law. We lawyers have always fulfilled our duties to the age and society we live in, and we will continue to do so, and we will never take a step back from the struggle for the rule of law.”

WHAT HAD HAPPENED?

Following the statement made by the Istanbul Bar Association on December 21 regarding two journalists killed in northern Syria, the Istanbul Chief Public Prosecutor's Office filed a lawsuit with a petition requesting the removal of the Bar President and the board of directors and the election of a new management. The Istanbul 2nd Civil Court of First Instance had set March 4, 2025, for the hearing.

At a meeting held at the Istanbul Bar Association on January 15, the day the court set for the hearing, with the participation of the Union of Turkish Bar Associations, a decision was made to hold an extraordinary general assembly.