Jaarcongres 2014 Nederlandse Orde van Advocaten Phon … · 2014-09-29 · March 2014 • Next...

Phon van den Biesen

Voorzitter L4L

spreekt met

Ramazan Demir

Jaarcongres 2014 Nederlandse Orde van Advocaten

www.lawyersforlawyers.nl NGO in special consultative status with ECOSOC


Ramazan and his colleagues attacked by the police when they wanted to submit petitions for the release of detained ÇHD lawyers

Ramazan Demir

• 16 July 2013: charged with criminal defamation

• 7 November 2013: Istanbul Bar Association initiates disciplinary investigation


Ramazan Demir

Trial observation - KCK trial

• November 2011: 46 lawyers are arrested in the KCK-case

• Trial observations in July and November 2012, January and March 2013 and March 2014

• The last 9 lawyers that remained in pre-trial detention were released after 2 ½ years, on 18 March 2014

• Next hearing in November 2014


• 18 January 2013: police raid lawyers’ offices, and arrests 12 lawyers

• Some of them were representing the 46 lawyers arrested in November 2011

• 21 March 2014: the last 5 remaining lawyers in pre-trial custody were released

• Next hearing in November 2014


Trial observation - ÇHD trial


• The lawyers were consulting victims in Soma where a coal mine disaster resulted in the death of 301 people

• Photo: Lawyer beaten by police

ÇHD lawyers Selçuk Kozağaçlı


Lawyers helping protesters Gezi Park were harassed

Gezi Park Ismail Demirci

• President of the Istanbul Bar Association and members of its board put on trial in Silivri

• Accused of influencing the judge during the so-called 'Sledgehammer'-case

• Eventually acquitted after several hearings

• L4L was present at all the hearings (on 17 May 2013, 7 January 2014 and 24 February 2014) and was accompanied by representatives of Bar Associations from the Netherlands


Trial observation - Silivri Ümit Kocasakal

• On 16 September 2000, Gülizar Tuncer took part in a protest organized by the Contemporary Lawyers Association against high security prisons

• She was detained together with another 29 lawyers and dragged along the ground.

• The police officers concerned were convicted in first and second instance, but the Court of Cassation declared the proceedings statute-barred in 2009

• In 2010 Tuncer filed complaints to the ECHR, stating that the policemen were left unpunished and complaint of lack of a through investigation and police violence.

• In February 2014, Turkey was found guilty of violating the European Convention of Human Rights Article 3 on the ban of “ill-treatment and torture”.


Güzilar Tuncer

• In pre-trial detention 27 May 2009 until 30 January 2010

• Trial observations in March, October and November 2012 and January 2013

• Kalayci and her 3 colleagues convicted on charges of being ‘members of a terrorist organization’

• They are sentenced to 7 ½ and 6 ½ years in prison; currently in appeal


Trial observation Filiz Kalayci


• Well-known lawyer

• Attacked by the families of defendants during a hearing in Çağlyan court

• Police did nothing to protect him

Bahri Baylam Belen

• Access to lawyers and legal services

• Special safeguards in criminal justice matters

• Qualifications and training

• Duties and responsibilities

• Guarantees for the functioning of lawyers

• Freedom of expression and association

• Professional associations of lawyers

• Disciplinary proceedings

12 www.lawyersforlawyers.nl NGO in special consultative status with ECOSOC

UN Basic Principles on the Role of Lawyers

13

Article 15: Lawyers shall always loyally respect the interests of their clients Article 18: Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions


Basic Principles: duties and guarantees

Article 16: Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( … ) and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Article 17: Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities. Article 22: Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.

14 www.lawyersforlawyers.nl

NGO in special consultative status with ECOSOC

Guarantees for the functioning of lawyers

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Jaarcongres 2014 Nederlandse Orde van Advocaten Phon … · 2014-09-29 · March 2014 • Next...

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