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)
that the lawyer of their choice that they hired first was also
arrested on terrorism-related charges.
LLG – TGRLSP
Human Rights Watch reported that there are constraints by the
Government of Turkey against the lawyers themselves,
particularly those who have been involved in human rights and
politically sensitive cases. Accordingly, many lawyers feel
pressure when they challenge official written police reports
during police interrogations where the lawyers themselves are
present with their clients. Prosecuting authorities have
criminalized lawyers for activities undertaken by discharging
their professional duties and have associated them without
evidence with the alleged crimes of their clients. Some of these
prosecutions appear to have come about in reprisal for their
efforts to document police abuse and other human rights
violations and to protect the rights of their clients.47
The Law Society Gazette report from 2019 states that more than
1,500 lawyers have been prosecuted, with 216 receiving prison
terms of up to 11 years for defending clients facing terrorism related charges. Lawyers’ privileged communications with their
clients in pre-trial detention for terrorism offenses has been
effectively abolished as authorities are now permitted to record
and monitor all such communications. Lawyers can also be
barred from acting for a client facing a terrorism investigation for
up to two years if they themselves are under investigation for
terrorism. Courts can also restrict individual lawyers from
accessing investigation files of people in police custody on
suspicion of terrorism offenses. Police use such court decisions
to prevent the lawyers from meeting with detainees.48
ICJ
1,546 lawyers have been prosecuted since the coup attempt, with
274 among them convicted in first-instance courts of membership
47 Human Rights Watch, Lawyers on Trial: Abusive Prosecutions and Erosion of Fair Trial Rights in Turkey,10 April 2019.
<https://www.hrw.org/report/2019/04/10/lawyers-trial/abusive-prosecutions-and-erosion-fair-trial-rights-turkey> accessed 11 February 2020.
48 The Law Society Gazette, Endangered lawyers: 216 jailed in Turkey, 25 January 2019, https://www.lawgazette.co.uk/law/endangered-lawyers-216-jailed-inturkey/5069029.article accessed 11 February 2020.
A/HRC/45/13/Add.4
46
Recommendations
A/HRC/33/51/Add.1
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