An Istanbul court has acquitted the president and executive board members of the Istanbul Bar Association (IBA) of terrorism-related charges, marking a pivotal moment in the ongoing scrutiny over Turkey’s use of criminal law against legal professionals and associations. The ruling, delivered on Friday, follows a case originating from a public statement issued by the IBA in December 2024. The statement addressed the tragic killing of two journalists in northern Syria and condemned the detention of journalists and lawyers during a peaceful protest in Istanbul related to these events.
Prosecutors had alleged that the IBA’s statement constituted “spreading terrorist propaganda” and “disseminating misleading information,” invoking Turkey’s anti-terrorism and penal code provisions. After a series of hearings held before the Istanbul Heavy Penal Court No. 26, all 11 members of the association’s elected leadership were unanimously acquitted on both counts.
Human Rights Concerns and Legal Independence
Prior to the court’s decision, a coalition of human rights and legal organizations expressed alarm, asserting that the prosecution exemplified an unlawful application of counter-terrorism legislation and an infringement on the independence of the legal profession. They maintained that the Bar Association acted within its mandate to address human rights and rule of law issues and emphasized that criminalizing such expressions violates international legal standards protecting freedom of expression and association.
This case is viewed as part of a broader pattern of pressure on lawyers and bar associations in Turkey. International observers, including experts from the United Nations, have frequently raised concerns regarding the misuse of counter-terrorism and misinformation laws to target legal professionals who advocate for their clients. Such practices, they warn, jeopardize the right to a fair trial and weaken the safeguards essential for maintaining judicial independence.
UN human rights experts have also voiced their concerns regarding the continued application of Turkey’s counter-terrorism framework against lawyers and human rights defenders in various cases. They have cited instances of prosecutions based on professional activities, which often result in lengthy prison sentences.
Looking Forward: Calls for Reform
While the acquittal has been celebrated as a significant victory by rights groups, there are calls for structural reforms to prevent similar prosecutions in the future. Advocates urge Turkish authorities to abandon parallel civil proceedings targeting the Bar Association’s leadership. They also stress the importance of ensuring the autonomy and self-governance of bar associations in Turkey, aligning domestic laws with international standards governing the legal profession.
The outcome of this case serves as a reminder of the ongoing challenges faced by legal professionals in Turkey and the critical importance of safeguarding the principles of human rights and legal independence. As the landscape evolves, the vigilance of both domestic and international observers will be crucial in advocating for a legal system that is fair, transparent, and respects the rights of all individuals.
