01.09.2025 15:33
The President of the Turkish Bar Association, Erinç Sağkan, emphasized the rule of law and judicial independence in his speech at the opening of the 2025-2026 Judicial Year. Sağkan stated that the failure to implement the decisions of the Constitutional Court and the European Court of Human Rights has severely harmed constitutional democracy, and he criticized the practices of appointing trustees and excessive arrests.
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The judicial holiday, which means the collective use of leave in the judiciary and started on July 20, has ended. The 2025-2026 judicial year has begun.
The President of the Turkish Bar Association, Erinç Sağkan, spoke at the opening ceremony of the 2025-2026 Judicial Year. Sağkan emphasized compliance with constitutional limits, judicial independence, and freedom of expression. He stated that the failure to implement the decisions of the Constitutional Court and the European Court of Human Rights has caused "serious harm to constitutional democracy" and criticized the practices of trustees and arrests. He listed concrete reform calls against the structural problems of the legal profession.
EMPHASIS ON "TERROR-FREE TURKEY" AND THE GAZA CASE
Sağkan began his speech by stating that they find the removal of terrorism from the agenda and efforts for social integration "valuable"; he paid tribute to martyrs and veterans, sending a message of unity. He expressed that they find Turkey's request to intervene in the International Court of Justice regarding the crimes committed by Israel in Gaza appropriate and that they are ready to provide all kinds of legal support as the TBB.
"THE CONSTITUTION IS ONLY A CONSTITUTION WHEN IT IS BEST APPLIED"
Pointing out the "mutual control" aspect of the separation of powers, Sağkan stated that the minimum guarantees of the constitution must be implemented. He noted that the failure to implement the decisions of the Constitutional Court (especially the Can Atalay decision) and the decisions identified as violations under Article 18 of the ECHR harms the rule of law and democracy.
CRITICISMS OF JUDICIAL PRACTICES
Sağkan stated that investigations against some mayors and the practices of trustees have caused serious harm to constitutional democracy due to "representation of the people's will."
He emphasized that practices such as removing detention and arrest from being exceptions, sharing information/images that undermine the presumption of innocence, the issue of reasonable time in indictments, and the failure to apply judicial control in severe health problems have eroded trust in criminal justice. He described the arrest of lawyer Mehmet Pehlivan due to his professional activities as a "violation of the right to defense."
FREEDOM OF EXPRESSION AND INTERFERENCE WITH BAR ASSOCIATIONS
Reminding that freedom of thought and expression is a core right, Sağkan warned that the judicial intervention leading to the removal of the president and management of a bar association due to a statement threatens the defense office and the citizens' freedom to seek rights. He stated that excessive arrest/preventive measures against politicians, journalists, and students have undermined trust in the judiciary.
"MULTI-DIMENSIONAL CRISIS" IN THE LEGAL PROFESSION
Sağkan noted that economic insecurity, uncontrolled increase in law faculties, and the decline in the quality of education have weakened the profession. He welcomed steps such as the Legal Professions Entrance Exam and the reduction of quotas but drew attention to the situation created by the Council of State's ranking decision.
The TBB President listed his demands as follows:
- Gradual increase of the success ranking, limitation of the number of faculties according to scientific criteria,
- Publicly supported model for trainee lawyers,
- Improvement of the personal rights of public lawyers,
- Tax reduction on legal services; removal of tax in legal aid and mandatory defense,
- Determination of mandatory defense/representation fees in accordance with the honor of the profession,
- Fair wage regime for employed lawyers.
Sağkan stated that they are ready to support the works carried out with the Ministry of Justice and the Presidential Legal Policy Board, mentioning legal aid budgets and regulations regarding mediation being conducted only by law graduates as positive examples.
CALLS FOR INSTITUTIONAL REFORM
The TBB President stated that Turkey should become a party to the Council of Europe Convention on the Protection of the Legal Profession. He listed the independence of the judiciary from the executive, the introduction of judicial oversight over its decisions, the purification of the election method of members from politics, and the clear regulation of geographical guarantees for judges and prosecutors as "necessary steps" for judicial independence.
"JUSTICE IS THE FOUNDATION OF PROPERTY"
Emphasizing the founding values of the Republic and the secular-democratic legal system, Sağkan stated that they uphold Atatürk's legacy, concluding his speech with the words, "I wish the new judicial year to be a fair year for all members of the judiciary and citizens."
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