United Nations human rights special rapporteurs on Friday sharply criticized the criminal charges against the president and 10 board members of the İstanbul Bar Association after the group called for an investigation into the death of two Kurdish journalists reportedly killed in a Turkish drone strike in Syria.
In a press release the rapporteurs said the bar was being targeted for exercising its right to free speech after it called for an investigation into the death of two journalists reportedly killed in a Turkish drone strike. The UN officials said the case marked a dangerous precedent in the erosion of legal independence and the silencing of dissent in Turkey.
“It is particularly unsettling that the criminal investigation follows a statement that called for accountability and justice for journalists killed while doing their work,” they said. “Efforts to fight impunity, particularly for killings of journalists, should be upheld and not criminalized.”
In early January a criminal case was filed against the association’s president, Prof. Dr. İbrahim Kaboğlu, and 10 board members.
The charges stem from a social media post on December 21 in which the bar called for an effective investigation into the killings of Kurdish journalists Nazım Daştan and Cihan Bilgin in a suspected Turkish drone attack in Syria. The post also demanded the release of people who had been detained in connection with the incident.
The İstanbul Chief Public Prosecutor’s Office launched an investigation on December 22, accusing the bar’s leadership of spreading terrorist propaganda and publicly disseminating false information.
On January 14 the prosecutor’s office escalated the legal pressure by submitting a formal petition seeking the dismissal of the bar’s leadership. The 10 members of the board, as well as Kaboğlu, face up to 12 years in prison if convicted.
In a separate case, an İstanbul court ruled on March 21 to dismiss the bar’s leadership, claiming the bar had acted outside the scope of its mandate and ordering new elections.
“The executive body of a bar association must be able to perform its functions without external interference,” the rapporteurs said.
They also warned that “the weaponization of misinformation and terrorism-related charges to punish and silence calls for justice and accountability” represents “a misuse of the criminal justice system and a clear breach of international law and standards.”
“This is a case of legal harassment that should be dismissed at the earliest opportunity,” the rapporteurs said.
“States must guarantee that those who practice law can do so free from intimidation, obstacles, harassment or interference,” they said. “Their function is key to the right to a fair trial.”
The statement was issued by Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers; Irene Khan, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; Ben Saul, Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; and Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.
