Eylem Sonbahar
A court in Istanbul has ruled to remove the president and executive board of the Istanbul Bar Association, ordering new elections to be held within one month after the ruling becomes final. The decision, issued in the absence of the bar’s lawyers, sparked protests at the courthouse and a march that concluded in front of the association’s headquarters in Istanbul’s central Taksim district.
The lawsuit, which sought the dismissal of Istanbul Bar Association President Prof. Dr. İbrahim Kaboğlu and his board, held its second hearing at the Istanbul 2nd Civil Court of First Instance. Due to limited space in the courtroom, proceedings were moved to a larger chamber of the Istanbul 27th High Criminal Court. The hearing drew widespread attention, with representatives from various bar associations, international legal organizations, and numerous lawyers in attendance.
Lawyers denounce procedural flaws, court rejects requests
Fırat Epözdemir, a board member who is currently held in Istanbul’s Silivri prison, attended the hearing via videoconference. His remote appearance prompted chants from fellow lawyers in the courtroom: “Defense will not be silenced.”
Following a request by the prosecutor for the court to accept the case, defense attorney Elkan Albayrak raised objections, stating that the transcript of the previous hearing had not been prepared and that lawyers had been denied the opportunity to appeal interim rulings. The judge responded that no interim decisions would be made until all statements were heard.
Prof. Dr. Kaboğlu requested the court to reconsider a prior decision and to refer the case to the Constitutional Court (AYM), arguing that the provision cited in the complaint—Article K.M.77/5—violates the Turkish Constitution. He noted that the court had previously rejected their constitutional objection without providing any justification, which he also deemed unconstitutional.
Criticism of prosecution and claims of political targeting
Lawyers used a loudspeaker brought from the bar association to address poor acoustics in the courtroom. Attorney Mehmet Köksal criticized what he called numerous legal absurdities in the case and supported the call for its dismissal, echoing the constitutional concerns.
Calling the trial “unprecedented and historic,” attorney Baran Doğan accused the Istanbul Chief Public Prosecutor’s Office of acting with political motives, saying, “They’ve taken a hammer and see everyone as a nail.” He urged the court to reverse its earlier decision not to postpone the civil trial pending the outcome of a related criminal case.
Another board member, Epözdemir, said the lawsuit fails to specify which of their actions allegedly constituted conduct outside the association's mandate, noting that the only references are to separate investigations involving lawyers Nazım Daştan and Cihan Bilgin.
“This entire case relies solely on the prosecutor’s investigation file,” added attorney Özgür Urfa. He argued that the Ministry of Justice, not the prosecutor’s office, should be the plaintiff in such a case, and criticized the court for proceeding without the official transcript from the first hearing.
Bar president denied right to question prosecutor
Following a recess, Kaboğlu attempted to question the prosecutor on the use of the term “illegality” in the indictment, asking, “In which article of which law is this term defined?” The judge denied the request, stating that it was up to the plaintiff to provide clarifications.
Attorney Rukiye Leyla Süren, another board member, said she could not make a statement without her lawyer present, who had left the room due to feeling unwell. Calling the proceedings a violation of human rights, she demanded a postponement of the hearing.
Court delivers ruling after ordering lawyers out of courtroom
After a second recess, the judge ordered the courtroom to be cleared. The lawyers, chanting “Justice, law, rights” and “We will not stay silent, we are not afraid, we will not obey,” refused to leave at first, then filed a formal request for the judge’s recusal before exiting the courtroom.
Despite their absence, the court announced its decision: it accepted the case, dismissed the current board of the Istanbul Bar Association, and ordered elections to be held one month after the ruling becomes final.
The case has sparked widespread concern among legal professionals in Turkey, many of whom view it as part of a broader erosion of judicial independence and professional autonomy. The Istanbul Bar Association is one of the largest and most influential legal organizations in Turkey, with over 50,000 members.
