This submission outlines key concerns regarding Turkey’s compliance with its international and national human rights commitments to guarantee effective access to legal services provided by an independent legal profession as set out in the Basic Principles, which is required to ensure the right to equality before courts and tribunals and to a fair trial, in accordance with Article 14 of the ICCPR.
It highlights, in particular, concerns in relation to the following issues:
(i) No effective guarantees for lawyers to perform their professional duties without interference and reprisals:
a. Abuse of legal proceedings against lawyers contrary to the Basic Principles, Article 16(c)),
b. Interference with the (Istanbul) Bar Association contrary to the Basic Principles, Article 24,
c. Lack of protection against harassment and attacks on lawyers contrary to (the Basic Principles, Article 16(a).
(ii) Improper identification of lawyers with their clients or their client’s causes contrary to the Basic Principles, Article 18.
(iii) Violation of the right to confidentiality in relation to communications and consultations between lawyers and their clients within their professional relationship and for the role of a lawyer in court contrary to the Basic Principles, Articles 20, 22.