Trial Monitoring

Lawyer Necat Çiçek faces trial over professional activities

Lawyer Necat Çiçek faces trial over professional activities

Deniz Tekin

Lawyer Necat Çiçek, facing up to 15 years in prison for his professional activities and participation in press statements, rejected the accusations against him in the 21 May hearing of his trial. He also rejected sharing information with the court about his cases on the basis of attorney-client confidentiality. 

The trial, which began at the Diyarbakır 5th High Criminal Court, saw participation from Çiçek and his lawyers, as well as representatives from the Diyarbakır Bar Association, the Lawyers' Rights Center, Lawyers Without Borders, and the Association for Freedom of Lawyers (ÖHD) Diyarbakır Branch.
Court questions intent behind statements

During his defense, Çiçek declared, "I do not know the informant witness Ümit Akbıyık. His statements about me are slander. The ÖHD Diyarbakır Branch, which I manage, is an institution that fights for rights and justice."

The presiding judge asked whether Çiçek's actions were carried out based on client representation or instructions from an organization. Çiçek responded, "We conduct our meetings with clients based on representation. We do not receive any instructions beyond that."

The prosecutor requested the continuation of judicial control measures against Çiçek and the completion of missing elements in the case file.
Defense arguments highlight legal rights

Çiçek’s lawyer, Mehdi Özdemir, argued that Akbıyık's testimonies were given to gain legal benefits and that this case criminalizes legitimate legal practices. He pointed out that, according to Article 58 of the Attorneyship Law, an investigation should not proceed without proper authorization, putting his client under undue legal threat. Özdemir emphasized that forcing Çiçek to explain his professional relationship with his clients violated Article 36 of the Attorneyship Law.

Lawyer Muhittin Moğuç criticized the creation of a false narrative in political cases, leading to baseless accusations. He noted that police reports aimed to create such a narrative, which was unacceptable. Moğuç highlighted that participation in a Human Rights Week event was listed as evidence in the indictment.

ÖHD Co-Chair Ekin Yeter stated they were there to defend the legal profession and the right to defense, noting, "This case criminalizes legal practice and advocacy. This trial is about harassing human rights defenders and silencing opposition. As ÖHD, we are not the shadow or parallel of anyone. This trial is a rights violation, and your decision can rectify this."

The court decided to maintain the travel ban on Çiçek and to hear informant witness Ümit Akbıyık in the next session.

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