'Kafkaesque' Turkey shows 'extreme contempt' for the rule of law

The arrest of nine Turkish lawyers hours before they were due to represent 47 colleagues on trial for terrorism offences has been described as 'Kafkaesque' by British barristers.

In the early hours of 16 March, Turkish police raided the homes of the human rights lawyers in Istanbul.

The lawyers subsequently arrested, are members of the Libertarian Lawyers Association, which is known for its work in representing minority groups and people accused of terrorism.

Many of those arrested were set to defend another group of 47 practitioners who are being prosecuted for carrying out legal representation of alleged terrorists.

The day after the arrests, riot police attacked a group of lawyers during a press conference on the steps of the central criminal court in Istanbul.

The unprovoked police action was witnessed by members of an international delegation of trial observers, including lawyers from France, the Netherlands, Switzerland, and the UK.

The Bar Human Rights Committee of England and Wales (BHRC) and the Bar Council have expressed deep concern and condemned the attacks.

They argue that the mass arrest is in breach of the United Nations basic principles on the role of lawyers (UNBPRL).

Principle 18 provides that lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

Meanwhile, principle 20 affirms that lawyers shall enjoy civil and penal immunity for relevant statements made in good faith or in their professional appearances before courts and tribunals.

Turkey is a signatory to the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Both treaties enshrine the right to a fair hearing and the right to legal representation.

The Bar has argued that by arresting and trying lawyers, the right to effective legal representation is being denied to those charged under anti-terrorism legislation.

Moreover, their lawyers may face conviction for simply performing their professional obligations.

Chairman of the Bar, Chantal-Aimée Doerries QC, said: 'The recent mass arrest and detention of lawyers in Turkey strikes at the heart of our most fundamental civil and democratic values.

'A mandatory component of the rule of law is that people who are accused of crimes may be represented by a legal representative. The rule of law is, therefore, seriously undermined when lawyers are persecuted for, and prevented from, carrying out their duties.'

Kirsty Brimelow QC of Doughty Street Chambers and the chair of BHRC added: 'The arrest of nine defence lawyers - the day before the trial of the 47 defence lawyers they were to represent - is Kafkaesque in its extreme contempt of the rule of law and due process.

'Whilst the recent release of all nine lawyers is welcomed, they remain under prosecution on undisclosed evidence in breach of fair trial rights.

'Further, BHRC condemns the actions of the Turkish police in violently dispersing a press conference outside the court which was being held by the remaining free defence lawyers and observed by international trial observers.

'BHRC calls for Turkey to take urgent action to remedy these ongoing breaches of international law as well as the deep erosion by the state of the rule of law.'

The committee has called on the Turkish government to comply with its obligations under article 6 ECHR and article 14 ICCPR, to implement the UNBPRL, and to afford the detained lawyers a right to bail, in accordance with article 5 ECHR.