Legal proceedings against the Istanbul Bar Association’s (ISBA) executive board have generated significant backlash among international rights organizations, raising concerns about Türkiye’s commitment to international human rights standards. These actions are seen as a threat to the independence of the legal profession, a fundamental element in upholding fair trial guarantees.
The controversy stems from a statement issued by the ISBA in response to the deaths of Kurdish journalists Nazım Daştan and Cihan Bilgin, who were reportedly killed by a Turkish drone strike in northern Syria. The ISBA condemned the targeting of journalists in conflict zones, labeling it a violation of international humanitarian law and the Geneva Conventions. Turkish authorities, however, considered the statement a violation of Article 77/5 of Turkey’s Attorneyship Law, resulting in the removal of the Association’s President İbrahim Kaboğlu and ten executive board members. More details are available in a comprehensive report from JURIST.
Critics argue that the charges against the ISBA are vague and legally unfounded, relying on broadly defined anti-terrorism and “disinformation” laws. These laws, they assert, fail to align with international standards regarding legality, necessity, and proportionality. Ayşe Bingöl Demir, Director of the Turkey Human Rights Litigation Support Project, emphasized the gravity of these proceedings, viewing them as retaliation against lawful, rights-based advocacy and a tactic to silence legal professionals who challenge state policies.
A joint amicus curiae brief submitted by prominent organizations, including Amnesty International and the European Association of Lawyers for Democracy and World Human Rights, underscores the critical nature of this issue. These groups believe that the independence of the legal profession serves as a central guarantee for an effective right to a fair trial within Türkiye’s legal framework.
In January, concerns were raised by UN experts over the misuse of Türkiye’s counter-terrorism laws, which have targeted prominent human rights defenders and lawyers. The Human Rights Watch urged Türkiye to cease the abusive application of terrorism charges, which have persisted even after the conclusion of the Kurdistan Worker’s Party insurgency.
Legal experts and rights organizations are closely monitoring the situation as they call for adherence to international human rights obligations, emphasizing that the ISBA proceedings reflect broader efforts to intimidate and restrain the legal profession in Turkey.