21.03.2025 15:20
The second hearing of the case filed for the dismissal of Istanbul Bar Association President İbrahim Kaboğlu and 10 board members, as well as the request for the election of a new board, is being held at the 27th High Criminal Court. Due to the high attendance at the hearing, many lawyers and spectators were unable to enter the courtroom because of its insufficient capacity.
The Istanbul Chief Public Prosecutor's Office is continuing the case it opened against the administrators of the Istanbul Bar Association, claiming that they used the authority granted to them "for purposes other than intended" and requesting the termination of the bar administrators' duties.
MANY LAWYERS AND SPECTATORS COULD NOT ENTER THE HALL
The case at the Istanbul 2nd Civil Court of First Instance is being held in the Istanbul 27th Heavy Criminal Court due to the high number of spectators. Many lawyers and NGO representatives arrived at the courthouse early to watch the hearing. The 350-person hall was insufficient for the spectators. The hearing is being attended by the President of the Turkish Bar Associations (TBB) Erinç Sağkan, CHP Şanlıurfa MP Mahmut Tanal, CHP Trabzon MP Sibel Suiçmez, TİP Istanbul MP Ahmet Şık, as well as many bar presidents and lawyers, along with observers from abroad.
"THE DEFENSE HAS NOT BEEN SILENT, AND WILL NOT BE"
During the hearing, Istanbul Bar Association Board Member Fırat Epözdemir, who is detained due to an investigation against him, participated via SEGBİS, while the lawyers in the hall chanted, "The defense has not been silent, and will not be." The public prosecutor who was given the floor during the hearing requested a decision to accept the case.
OBJECTION TO INTERIM DECISION
Istanbul Bar Association Board Member Lawyer Ahmet Ergin's representative Lawyer Engin Deniz Ergin took the floor and stated, "The minutes of the previous hearing have not been kept according to HMK 154." He emphasized that an interim decision regarding the requests should be made first. After the presiding judge stated that no interim decision would be made without receiving all requests, Board Member Lawyer Ezgi Şahin Yalvarıcı's representative Lawyer Baran Doğan took the floor and objected, saying, "You must establish an interim decision. There is no record yet."
REQUEST TO SEND THE FILE TO THE CONSTITUTIONAL COURT
Istanbul Bar Association President İbrahim Kaboğlu stated in his declaration that they pointed out that the provision of the Attorneyship Law, which the Chief Public Prosecutor's Office cited as a reason for the case in the previous session, is unconstitutional. The provision states, "Bar associations that operate outside their purposes and the responsible bodies of the Turkish Bar Associations shall have their duties terminated and new ones elected upon the request of the Ministry of Justice or the Chief Public Prosecutor's Office in their location, and a decision shall be made by the civil court in that location through simple procedure, and the case shall be concluded within a maximum of three months."
Kaboğlu expressed that they stated that an application should be made to the Constitutional Court (AYM) for the annulment of this regulation, saying, "You did not specify a reason either. Your rejection decision is also unconstitutional. We request again that you send the file to the AYM within the scope of our objection to unconstitutionality."
"THIS CASE IS NULL AND VOID"
Istanbul Bar Association Vice President Mehmet Köksal also stated, "Many mistakes have been made since the beginning of this case, and many legal absurdities continue. I agree with what has been said regarding unconstitutionality. This case is null and void. I request a decision to dismiss the case."
"THE PROSECUTOR'S OFFICE HAS TAKEN A HAMMER, THINKING EVERYONE IS A NAIL"
Bar Association Board Member Ezgi Şahin Yalvarıcı's lawyer Baran Doğan stated, "The Istanbul Prosecutor's Office is doing bad things these days. First, they open a criminal case, then a civil case. This has become their procedure. They are poisoning all cases with the media power behind them. The prosecutor's office has taken a hammer, thinking everyone is a nail. But we will show them that 65,000 lawyers are not nails."
"THE CHIEF PROSECUTOR'S OFFICE IS PRESSING ALL THE BUTTONS AS FAR AS I UNDERSTAND"
Detained Bar Association Board Member Epözdemir also stated, "I don't think you can even dismiss the case without waiting for the criminal case. Don't think that the pressures being put on you are not reaching our ears."
TBB President Erinç Sağkan also stated that the case concerns 200,000 lawyers in Turkey and said, "As far as I understand, the Istanbul Chief Public Prosecutor's Office is pressing all the buttons. It sees itself as unaccountable. It can even disregard the right to not be tarnished in its public statements."
WHAT HAPPENED?
The Istanbul Bar Association had made a social media post regarding journalists Nazım Daştan and Cihan Bilgin, who were killed in Syria. Following the post, a "terror investigation" was initiated against the Istanbul Bar Association by the Chief Public Prosecutor's Office, referencing the investigations opened against Daştan and Bilgin for "membership in an armed terrorist organization."
The indictment claimed that the bar president and board members used their powers and duties outside the authority granted to them.
The indictment sought prison sentences of 3 to 12 years for İbrahim Kaboğlu and 10 board members on charges of "propagating a terrorist organization through the press" and "publicly disseminating misleading information through the press." The indictment also requested a political ban.