Lawyer Solidarity: We stand by the Istanbul Bar Association. Nazım and Cihan are journalists

2024-12-26 18:54:04


	 

	ANKARA - Lawyers' Solidarity has reacted to the "membership in an illegal organisation" investigation against the Istanbul Bar Association and said: "We stand by the Istanbul Bar Association. Nazım and Cihan are journalists."

	 

	Lawyer Solidarity released a written statement on the "illegal organization propaganda" investigation against the Istanbul Bar Association for its statement on the killing of Kurdish journalists Nazım Dashtan and Cihan Bilgin by Turkish drones.

	 

	The statement read:  "We Stand for the Right to Life, the Rule of Law, the Presumption of Innocence, Freedom of Expression, and the Istanbul Bar Association.

	 

	The investigation initiated against the Istanbul Bar Association poses a grave threat not only to the independence of a professional organization but also to the right to life, judicial independence, the presumption of innocence, and freedom of expression.

	 

	Unfortunately, through its statements, the prosecutor's office has been conducting a perception operation prior to the judicial operation. 

	 

	Journalist Nazım Daşdan, who was killed by a drone while working as a reporter, had already been acquitted of all terrorism-related charges with a final court decision. The detailed ruling issued by the Gaziantep 2nd High Criminal Court highlights two significant points:

	 

	Although the defendant was prosecuted for propagandizing a terrorist organization, an examination of the defendant’s posts on the social media platform Facebook revealed that there was no content that legitimized, praised, or encouraged the use of force, violence, or threats by the terrorist organization.

	 

	Regarding the alleged statements, 'There is no evidence contradicting the defense that these were shared as part of a journalistic reflex'. Consequently, the court ruled in favor of Daşdan, and this ruling was finalized. According to the judicial decision, Nazım Daşdan is a journalist.

	 

	For journalist Cihan Bilgin, there is an open investigation file from 2022, which is still in the investigation phase. No indicment has been issued yet. This is a common occurrence affecting hundreds of journalists in Turkey. The mere initiation of an investigation based on a police report cannot label someone as a terrorist. Any interpretation to the contrary reflects a police state perspective, not the rule of law.

	 

	In this case, the Istanbul Prosecutor’s Office is:  "Defying a final court decision by accusing a journalist who has proven their innocence a terrorist; and

	Labeling another journalist, who is still in the investigation phase and thus protected by the presumption of innocence, as a terrorist.

	 

	Furthermore, the prosecutor’s office is intimidating everyone who does not share this perception, wielding threats not from the justice system but from a doctrine of 'enemy criminal law.' This approach is neither a judicial function nor authority. The rhetoric and investigation initiated by the prosecutor's office are political, not judicial. Its foundations and concepts derive not from civic law but from the enemy criminal law paradigm.

	 

	INTERNATIONAL LAW

	 

	Journalists Are Protected Under International Humanitarian Law. International humanitarian law explicitly protects journalists working in conflict zones. Article 79 of Additional Protocol I to the Geneva Conventions states that journalists enjoy civilian status unless they engage in direct hostilities and cannot be targeted for performing their professional duties. Moreover, Common Article 3 of the Geneva Conventions safeguards the right to life and dignity of civilians in all types of conflicts. These provisions prohibit targeting journalists solely for collecting and disseminating information. UN Security Council Resolution 1738 also explicitly condemns attacks on journalists and obligates states to protect them.

	 

	Under international law, a journalist is defined based on their professional activities. Anyone working to collect, analyze, and disseminate information for the public good is considered a journalist and holds civilian status in conflict zones. This protection extends not only to journalists affiliated with media outlets but also to independent and citizen journalists.

	 

	Bar associations have a critical role in protecting the rule of law and human rights. The statements and activities of institutions like the Istanbul Bar Association, which defend international humanitarian law and human rights, are not only a legal obligation but also part of the universal struggle for human rights. Criminalizing such efforts poses a severe threat to both judicial independence and fundamental human rights.

	 

	We believe the Istanbul Bar Association’s emphasis on international humanitarian law must be safeguarded at both the national and international levels. Pressures against bar associations harm not only the justice system but also the democratic social structure.

	 

	The protection of journalists is a safeguard for the right to access information and freedom of expression. Therefore, we emphasize the urgent need to terminate the investigation against the Istanbul Bar Association, as it poses a significant threat to freedom of expression and legal independence. Human rights defenders, journalists, and legal professionals are protected under international law.

	 

	As members of a community of legal professionals whose founding manifesto is based on the slogan 'A Fully Independent Turkey,' we recognize that independence is only possible through an independent judiciary based on civic law. With this awareness, we express our solidarity with the Istanbul Bar Association. We affirm that standing in solidarity with the Istanbul Bar Association is a professional obligation and declare our full support for the fight for the rule of law."