Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
Level of implementation and
observations (to be completed by
the WGEID)
and Security Measures. These undermine the right of a suspect to
legal counsel and a defense. For example, prosecutors have the
power, routinely invoked, to authorize police, with post facto
court approval, to restrict lawyers from meeting with clients
during the first 24 hours of their police custody in anti-terror laws
related investigations. Lawyers’ privileged communication with
their clients in pre-trial detention has also been effectively left
ineffective as authorities are permitted to record and monitor all
communications between lawyers and clients in similar cases.
Relatives feel pressured to stop sharing statements on the
treatment of their relatives who have been in police custody or
prison. This becomes more apparent by the requests of the
abducted persons to their relatives to withdraw applications they
made to international organisations and courts, such as the United
Nations and the European Court of Human Rights (see our
comment on recommendation no. 80 for more details), and not to
share anything on social media about the abductions.
ICJ
No measures have been taken. On 12 October 2019, police forces
have intervened against the 759th protest of Saturday Mothers,
who have been asking the fate and whereabouts of their loved
ones disappeared in custody. Human rights defenders and lawyers
have been subjected to judicial harassment, including criminal
prosecution, violent attacks, threats, surveillance, prolonged
arbitrary detention, and ill-treatment.
88. Ensure that lawyers are not subject to
criminal or any other sanctions for the mere
fact of defending clients accused of
terrorism-related crimes.
46
Paragraph 39
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
In the aftermath of the attempted coup of 15 July 2016, targeting
lawyers with criminal investigation and arbitrary detention, and
associating them with their clients’ alleged crimes increased46.
The Working Group remains deeply
concerned about reports according to
which lawyers, human rights
defenders and independent journalists
continue to be targeted by the Turkish
For further information please see Human Rights Watch, “Lawyers on Trial: Abusive Prosecutions and Erosion of Fair Trial Rights in Turkey”, available at
https://www.hrw.org/sites/default/files/report_pdf/turkey0419_web.pdf.
A/HRC/45/13/Add.4
44
Recommendations
A/HRC/33/51/Add.1
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