Istanbul Bar Association rallies against arrest of board member Epözdemir

Ferhat Yaşar / Gazete Duvar

The Istanbul Bar Association on Jan. 30 held a press conference in front of the Istanbul Courthouse for its detained board member, lawyer Ferit Epözdemir.

Speaking at the event, which was attended by numerous lawyers, Istanbul Bar Association President İbrahim Kaboğlu began his speech by stating, "The defense is here, the defense has never been silent and never will be."

Emphasizing that the defense is the backbone of the right to a fair trial, Kaboğlu said, "The rule of law guarantees the right to defense and fair trial, as enshrined in the constitution. If the defense collapses, then justice collapses, and since justice is the foundation of the state, the state also collapses. The Istanbul Bar Association, like all other bar associations in Turkey, is the protector of the Republic and human rights."

Kaboğlu highlighted that the Istanbul Bar Association, with its 67,000 members, is one of the world's most distinguished bar associations. He stated that they visited lawyer Epözdemir, who was detained in Silivri the previous day.

Kaboğlu added, "The detention of lawyer Fırat Epözdemir is actually part of the wave of arbitrary detentions we have seen in recent months." However, what made his case more severe was that he was a board member of the Istanbul Bar Association.

He continued, "There is an effort to weaken the administration of the bar. As Istanbul Bar Association administrators, we have prioritized the rule of law and the effort to make the law effective, and we remain committed to this work."

"It is likely that our efforts to uphold the law have disturbed certain circles, as an investigation has been launched against the Istanbul Bar Association," the bar association president held.

Pointing out that lawsuits have been filed against the bar without any legal or constitutional basis, Kaboğlu continued, "This is also an attempt to undermine an institution like the Istanbul Bar Association, which is a cornerstone of the right to a fair trial, and we will never allow this."

After the statement, the lawyers chanted slogans such as "The Istanbul Bar Association is not alone."

The Istanbul Bar Association issued a statement regarding journalists Nazım Daştan and Cihan Bilgin, who were killed in Syria on December 19.

Following this, a lawsuit was filed seeking the dismissal of the bar president and board members from their positions, leading to the decision to hold an extraordinary congress on February 23.

During a Jan. 29 interview with Gazete Duvar, Kaboğlu commented on the ongoing crackdown on oppositional institutions. 

He stated, "The social media post made by the Istanbul Bar Association on December 21 was not the first and will not be the last. The Istanbul Bar Association is tasked with defending the rule of law and protecting human rights, and it makes social media statements within this duty and responsibility." The Dec. 21 post was based on the right to life, held Kaboğlu.

He emphasized the chronological irregularities of the investigation. The Istanbul Chief Public Prosecutor's Office launched an investigation against the Istanbul Bar Association on December 22, with approval from the Justice Ministry following three days later. 

Regulation holds that all public prosecution investigations require ministry approval to proceed.

"The Chief Public Prosecutor’s Office publicly accused the Istanbul Bar Association administrators of having ties to a terrorist organization, which is incompatible with its responsibilities, duties, and authorities. Not stopping there, on January 14, the Istanbul Chief Public Prosecutor’s Office also filed a lawsuit in a civil court seeking the dismissal of the Istanbul Bar Association administration", Kaboğlu said.

Following this, former bar executives and even rival candidates issued statements of support and visited the bar. The President and Board of the Union of Turkish Bar Associations also came to the bar to show support.

"Given the unfair, unlawful, baseless, and irrational accusations leveled against us, and considering the support from the legal community and bar associations, we decided to hold the congress under the principle that 'those elected by vote should leave by vote.' Through legal means, we wanted to demonstrate to the entire legal community and the Turkish public that democracy can only exist through the law. The unconstitutional actions against the bar have sparked outrage within the legal community," he added. 

Board member Fırat Epözdemir was arrested on the grounds that he was a member of a WhatsApp group called 'Diren Cizre,' established in 2015. A previous investigation into this group had already been conducted, and four months ago, the Istanbul Chief Public Prosecutor’s Office closed the case due to a lack of evidence.

Kaboğlu stated that the series of actions that led to the arrest, detention, search, and imprisonment of Epözdemir violated several constitutional articles.

"If the allegations against Fırat Epözdemir were valid, the Chief Public Prosecutor’s Office would not have hastily arrested him on a plane, detained him, and raided his home and office, violating his privacy and the rights of his family. Instead, he would have been invited to provide a statement, and legal proceedings would have been conducted by due process."

"This indicates that a form of sanction was imposed on him even before a trial began. This situation is extremely concerning. I am not delving into the details of Epözdemir’s case, as doing so would imply that the accusations against him are debatable, legitimizing them through legal discussion. That is why I am not addressing them—because they are all fabricated. Arrests should not be made based on assumptions. Human freedom is not so cheap. Epözdemir’s right to personal security and freedom has been violated, which is entirely unconstitutional," the bar association leader concluded. 

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