In Diyarbakır, the trial of lawyer Burhan Arta, accused based on the testimony of confessor witness Ümit Akbıyık, has begun. Akbıyık's claims have led to the arrest of nearly 200 individuals, including mayors, politicians, lawyers, journalists, and artists. Arta is facing charges of "membership in a terrorist organization" at the Diyarbakır 4th High Criminal Court.
During the first hearing, which took place on April 30, 2024, Arta, along with members of the Diyarbakır Bar Association, representatives from the Peoples' Equality and Democracy Party (DEM Party), and the co-president of the Association of Lawyers for Freedom (ÖHD), Ekin Yeter, made their appearances. A significant number of lawyers and representatives from various rights groups also attended as observers.
**Court Pressures Arta on Confidential Relationships**
The presiding judge questioned Arta about his clients, challenging the confidentiality typically maintained between a lawyer and their clients. Arta defended his professional actions, citing the Turkish Attorney Law, which protects client-lawyer confidentiality.
**Witnesses Contradict Accusations**
During the hearing, Akbıyık, connected via the Audio and Visual Information System (SEGBİS), reiterated his allegations that Arta facilitated "organizational activities" by providing legal assistance to detainees. However, other witnesses present refuted Akbıyık's claims, stating they or their relatives had engaged Arta purely for legal representation.
**Legal and Procedural Concerns Raised**
Arta’s defense attorney, Mehdi Özdemir, deputy chairman of the Diyarbakır Bar Association, highlighted significant procedural and legal flaws in the case. He emphasized the breach of confidentiality obligations and pointed out that under Turkish law, investigations or prosecutions against lawyers for their professional activities require permission from the Ministry of Justice, which was not obtained in this case.
Özdemir also touched upon historical parallels, recalling the wrongful detention and torture of lawyers, including Tahir Elçi, in 1993 based on confessor testimonies. He asserted that the current trial mirrors those injustices, underscoring an ongoing struggle against arbitrary and unlawful judicial practices targeting lawyers.
**Calls for Acquittal Amidst Alleged Political Motivations**
Rıza Polat, co-chair of the Diyarbakır Branch, argued that the case transcends individual allegations against lawyers and represents a broader assault on the legal struggle for rights. Nahit Eren, President of the Diyarbakır Bar Association, criticized the investigation process and claimed that the indictment was tailored to criminalize legitimate legal activities.
The court decided to lift the international travel ban on Arta and ordered compulsory attendance for absent witnesses, scheduling the next hearing for September 5.
**Background of the Case**
The investigation that led to Arta's trial and the broader crackdown was initiated based on statements by Ümit Akbıyık, resulting in a wide-reaching operation on April 25, 2023, that affected nearly 200 individuals, including 25 lawyers. Although initial detentions included allegations of "membership in a terrorist organization," subsequent judicial reviews led to several releases, highlighting concerns over the misuse of legal provisions and confessor testimonies in the crackdown on legal professionals and civil society in Turkey.
