These arrests, detentions, and seizure of property—including confidential client files—violate the International Covenant on Civil and Political Rights. The cases are pending in the Special Heavy Penal Courts, which have jurisdiction over "terrorism" proceedings. Their use of secret evidence and repressive procedures have been condemned by several international and regional human rights monitoring bodies and mechanisms. The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, who recently visited Turkey, strongly criticized [PDF] the Special Heavy Penal Courts, saying their "special authority" does not comply with human rights standards on fair trial, and they should therefore be abolished.A group of 500 lawyers who went to the courthouse to protest the lawyers' detention in January were assaulted by police. The Istanbul Bar Association lambasted the unlawful raids as an "explicit attack towards the legal profession and its honor, as well as the people's right to legal remedies."''When I visited Istanbul as a representative of IADL in April, I met with officers of the Istanbul Bar Association, and I spoke with lawyers who had been arrested and released after the January raid. Some are members of CHD. Many specialize in defending victims of torture, arbitrary detention, extrajudicial executions, police brutality and other human rights violations. They also provide free legal assistance in terrorism-related cases, and those involving freedom of expression or protection of the environment. Because of their work in defending clients who challenge government policies, CHD lawyers have been targeted by the government and the police.Knual also reaffirmed the principle that a government should not identify lawyers with the causes of their clients. The United Nations Basic Principles on the Role of Lawyers mandate that governments ensure lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference. They also provide that lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions. The president of the Istanbul Bar Association has been accused of contempt of court for protesting the January detentions of lawyers. According to the 2010 US State Department country report on Turkey, there are more than 10,000 people suspected of "terrorism" in Turkey (one-third of the world's terrorism suspects). Several hundred students, as well as army officials, journalists, lawyers, academics, Kurdish activists, nationalist activists, soldiers and members of the Turkish parliament are in prison, Gulay said. Marjorie Cohn is a Professor of Law at Thomas Jefferson School of Law, past president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her next book, "Drones and Targeted Killing," will be published in 2014 by University of California Press.-------------------------------------------------------
"NATO is one of the essential dimensions of Turkish foreign and defence policy. Turkey has been an important member of the Alliance and a reliable Ally for 60 years." Ambassador Haydar Berk, Permanent Representative of Turkey to the North Atlantic Council
No comments:
Post a Comment