The preliminary hearing in the case seeking the dismissal of Istanbul Bar Association President İbrahim Kaboğlu and its board members was held at the Istanbul 2nd Civil Court of First Instance. The court accepted the Turkish Bar Association’s (TBB) request to join the case but rejected similar requests from other bar associations. It also ruled that imprisoned lawyer and board member Fırat Epözdemir should attend the next hearing via the judicial video conferencing system (SEGBİS).
The hearing was adjourned to March 21 at 9:30 a.m.
Due to the Istanbul Bar Association’s request for a larger courtroom, the hearing was held in the courtroom of the 27th High Criminal Court. The trial was attended by TBB President Erinç Sağkan, 40 bar association presidents from across Turkey, lawmakers from the opposition Republican People's Party (CHP) and the pro-Kurdish DEM Party, representatives from the Turkish Medical Association, delegates from the Amsterdam and Paris bar associations, and various legal organizations.
Court rejects Epözdemir’s request to attend in person
During the hearing, lawyer Baran Doğan argued that his client, Fırat Epözdemir, was being denied his right to a fair trial and should be allowed to attend in person. However, the court rejected the request.
"The defendant has the right to be informed about the proceedings and defend himself. But Epözdemir is being kept in prison without access to key case files. Continuing the trial under these circumstances is unlawful," Doğan stated.
Kaboğlu: “This case violates the Constitution”
Istanbul Bar Association President İbrahim Kaboğlu argued that the case was unconstitutional and called for it to be referred to the Constitutional Court.
"I request that this case be brought before the Constitutional Court under Article 152 of the Constitution. The case is based on Article 77/5 of the Attorneyship Law, which is in violation of both the Constitution and international treaties that Turkey is a party to. All 81 bar associations in Turkey are under threat," he said.
“This case is against all 81 bar associations”
Kaboğlu stressed that bar associations play a crucial role in upholding the rule of law and protecting human rights.
"The function of bar associations is to ensure justice and safeguard the rule of law. This lawsuit against the Istanbul Bar Association is actually a case against the Turkish Bar Association and all other bar associations. Therefore, the other bar associations should be allowed to join the case," he stated.
Former bar president: “Silencing the bar means the death of the right to defense”
Former Istanbul Bar Association President Turgut Kazan strongly criticized the trial, warning of its implications for legal defense rights.
"If the bar is silenced in this manner, the right to defense and the right to a fair trial will be completely eroded," Kazan said.
Regarding the allegations that the lawsuit is based on propaganda claims, Kazan added:
"The case file itself acknowledges that the statements made by the bar contributed positively in a moral sense. So how can you define this as an unauthorized activity? Such a characterization is unacceptable."
TBB President Sağkan: “This is the beginning of an intervention against all of us”
Turkish Bar Association President Erinç Sağkan argued that the case was politically motivated rather than legally justified.
"For the first time in the history of the Republic, we are facing a lawsuit of this nature. The Istanbul Bar Association president is also part of the TBB leadership, which is why TBB must be allowed to participate in the case. The allegations against the Istanbul Bar Association concern all bar associations. This case signals an impending intervention against professional organizations," he said.
Sağkan also pointed out that the Istanbul Bar Association had issued statements on issues such as the arrests of mayors and investigations against journalists.
"These statements are made to defend human rights and the rule of law," he said.
“Judicial independence no longer exists in this country”
Sağkan also referenced a recent judicial reassignment, where a judge who had ordered the release of manager Ayşe Barım was reassigned to a Consumer Court.
"If a judge is reassigned simply because of a legal interpretation, then we cannot talk about the rule of law," he stated.
TBB’s request accepted, trial adjourned
At the end of the hearing, the court accepted the Turkish Bar Association’s request to participate in the case but rejected similar requests from other bar associations. It also denied the request to refer the case to the Constitutional Court.
The court ruled that imprisoned lawyer Fırat Epözdemir should be allowed to attend the next hearing via SEGBİS and scheduled the next session for March 21 at 9:30 a.m.
Background
On Dec. 19, the Istanbul Bar Association made a social media post regarding the deaths of journalists Nazım Daştan and Cihan Bilgin in Syria. Following this, the Istanbul Chief Public Prosecutor’s Office launched an investigation into Bar President Prof. Dr. İbrahim Kaboğlu and board members on charges of "spreading terrorist propaganda" and "publicly disseminating false information."
The indictment accused the bar of "engaging in activities beyond its legal purpose" and called for the dismissal of its current leadership. Additionally, a separate criminal investigation was opened against the bar’s executives.
Kaboğlu, along with imprisoned board member Fırat Epözdemir and nine others, is facing charges of "spreading terrorist propaganda" and "publicly disseminating misleading information through the press." Prosecutors are seeking prison sentences ranging from three to 12 years for the defendants.
Who is on trial?
The case includes Istanbul Bar Association board members Rukiye Leyla Süren, Hürrem Sönmez, Ahmet Ergin, Metin İriz, Mehmedali Barış Beşli, Yelda Koçak Urfa, Fırat Epözdemir, Ezgi Şahin Yalvarıcı, Ekrem Bilen Selimoğlu, and Bengisu Kadı Çavdar.
