MLSA has submitted an amicus curae brief prepared by Amsterdam-based lawyers group Lawyers for Lawyers (L4L) to the court hearing the trial of former Diyarbakır Bar Association President Emin Aktar, who is accused of "targeting" a prosecutor who prepared an indictment against 18 journalists who are being tried in Diyarbakır.
L4L's report, which was prepared upon MLSA's request, asserts the trial violates lawyers' right to freedom of expression.
Emin Aktar, a human rights defender, is being prosecuted for sharing a report on social media about an allegedly unlawful search conducted in the office of a fellow lawyer. He is charged with "targeting individuals involved in counter-terrorism efforts." The first hearing of the case was held on February 29 at the Diyarbakır 5th High Criminal Court. Aktar appeared in court on 23 May. L4L's expert opinion was presented in this hearing.
Protections for lawyer under international laws
The legal note outlines the protections granted under international and European laws, specifically referencing the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). It underscores the critical role lawyers play in public debate and the need for a high degree of freedom in addressing issues related to international law, human rights, and the judiciary.
The note highlights concerns about the increasing use of Article 6(1) to prosecute journalists and lawyers in Turkey. This provision penalizes the publication of information that could identify state officials involved in counter-terrorism efforts, posing a significant risk to freedom of expression.
Lawyers for Lawyers argue that such prosecutions often fail to meet the stringent requirements under international law for restricting free speech. These include the necessity for the restriction to be lawful, pursue a legitimate aim, and be necessary in a democratic society. The European Court of Human Rights (ECtHR) has consistently found violations in cases involving Article 6(1) due to the lack of necessity and proportionality in the restrictions imposed.
The brief calls for a careful balance between national security and the right to freedom of expression, emphasizing that lawyers must be able to comment publicly on the administration of justice without fear of reprisal. It also stresses that any interference with this right should only occur in exceptional circumstances, such as incitement to violence.
Lawyers for Lawyers conclude that the Turkish government must ensure that any use of Article 6(1) aligns with international standards, protecting lawyers' rights to freedom of expression and their essential role in upholding the rule of law.
