Istanbul Bar Association's response to Özgür Özel regarding Akın Gürlek: 'They cannot practice law'
CHP Chairman Özgür Özel's remarks directed at Istanbul Chief Public Prosecutor Akın Gürlek, stating that "if he doesn't know any other job, he can practice law," have been met with backlash from lawyers and the Istanbul Bar Association. The Istanbul Bar Association stated that prosecutors and judges lack the requirements for admission to the legal profession, emphasizing that politicians and members of the judiciary must show respect for the Constitution and the defense profession.
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CHP Chairman Özgür Özel’s remarks directed at Istanbul Chief Public Prosecutor Akın Gürlek, stating "if he doesn't know any other job, he can practice law," have been met with backlash from lawyers and the Istanbul Bar Association. In a written statement, the Istanbul Bar Association stated that prosecutors and judges lack the requirements for admission to the legal profession. The Bar emphasized that politicians should use their freedom of expression with responsibility, stating that the fundamental condition of the legal profession is respect for the Constitution and the law.
JUDICIAL MEMBERS WHO CLEARLY AND SYSTEMATICALLY VIOLATE THE CONSTITUTION CANNOT PRACTICE LAW!
— İstanbul Barosu (@istbarosu) December 1, 2024
The right to a fair trial is realized through the dialectic process of prosecution + defense + verdict.
The defense is the privileged component of this trio. Specifically;
The lawyer is present throughout the entire trial process, from the prosecution and investigation stages to the implementation of the judicial decision… pic.twitter.com/ZqAc5yqz76
The 'legal practice' debate, which began with CHP Chairman Özgür Özel's words directed at Istanbul Chief Public Prosecutor Akın Gürlek, "if he doesn't know any other job, he can practice law," continues.
Following the backlash from lawyers and the subsequent 'correction' statements made by the CHP, the Istanbul Bar Association also joined the debate from a different perspective.
In the statement made by the Istanbul Bar Association regarding Özel's words, it was stated, "Prosecutors and judges who act in clear violation of these requirements explicitly stated in the Attorneyship Law and the attorney's oath lack the conditions for admission to the legal profession."
'INSTRUMENTALIZED JUDICIAL MEMBERS...'
The full text of the Istanbul Bar Association's statement is as follows:
"JUDICIAL MEMBERS WHO CLEARLY AND SYSTEMATICALLY VIOLATE THE CONSTITUTION CANNOT PRACTICE LAW!
The right to a fair trial is realized through the dialectic process of prosecution + defense + verdict.
The defense is the privileged component of this trio. Specifically; The lawyer is present throughout the entire trial process, from the prosecution and investigation stages to the implementation of the judicial decision.
If there is no independent and free lawyer, since "justice" (Art. 2), which is the foundation of the Republic, will not be realized, the Lawyer is present throughout the entire Constitution.
The lawyer has the authority to engage in professional activities simultaneously throughout the entire sovereign jurisdiction of the Republic of Turkey.
Establishing a relationship between judicial members who are instrumentalized in the trustee appointment practice, which is clearly contrary to the Constitution, and the defense profession is inappropriate and damaging to the dignity of lawyers.
In this context, the statement of Republican People's Party Chairman Özgür Özel regarding the legal profession is also unfortunate.
Regardless of the intent behind these and similar statements regarding the legal profession, the fact that they occurred at a time when the government is increasing its attacks on the defense profession makes it necessary for politicians to use their freedom of expression with care and responsibility.
More generally, since the will of the Executive is decisive in the trustee appointment practice, what should really be questioned is the structure of the Presidency and Executive via Party Chairmanship.
Moreover, the most fundamental condition of the legal profession is respect for the Constitution and the law based on human rights.
Prosecutors and judges who act in clear violation of these requirements explicitly stated in the Attorneyship Law and the attorney's oath lack the conditions for admission to the legal profession.
We present our call to members of the legislature, executive, and judiciary, especially politicians, to show respect for the Constitution and the defense profession to the public's information.
ISTANBUL BAR ASSOCIATION"