Türkiye: Istanbul Bar Board Case Threatens Legal Independence

IBAHRI

Criminal and civil proceedings against the executive board of the Istanbul Bar Association are incompatible with the Republic of Türkiye's international human rights obligations and represent a direct assault on the independence of the legal profession, warned the International Bar Association's Human Rights Institute (IBAHRI) along with 11 other legal and human rights organisations in a joint intervention submitted to the Istanbul 26th Heavy Penal Court on 5 September 2025. The second hearing on the case, scheduled to last two days, began on Tuesday 9 September 2025.

The legal action targets the Istanbul Bar Association's President, Professor İbrahim Kaboğlu, along with ten executive board members, and stems from a public statement issued by the Bar on 21 December 2024 following the deaths of two Kurdish journalists, Nazım Daştan and Cihan Bilgin, allegedly killed in a drone strike in northern Syria.

In its statement, the Istanbul Bar Association recalled international legal protections that must be afforded for journalists in conflict zones, called for an effective investigation into the deaths and demanded the release of protestors and lawyers detained at a demonstration held in Istanbul that same day. In response, prosecutors in Türkiye launched criminal proceedings against the Istanbul Bar Association's leadership for 'propaganda for a terrorist organisation' and 'disseminating misleading information'. Prosecutors simultaneously filed a civil lawsuit seeking to dismiss the board on the grounds that it had acted beyond its legal duties. On 21 March 2025, the Istanbul 2nd Civil Court of First Instance ordered the termination of the entire board's mandate, a decision that is currently under appeal.

IBAHRI Director Baroness Helena Kennedy LT KC commented: 'The Istanbul Bar's statement was well within its statutory duties and its internationally protected role. To criminalise such a statement is both legally indefensible and politically alarming.'

In their joint submission, the 12 organisations argue that these proceedings violate Türkiye's obligations under international and regional human rights law. They note that the Istanbul Bar Association's statement falls squarely within its professional mandate and legal duty to defend human rights and the rule of law. The organisations emphasise that bar associations must be free to speak out on legal and human rights concerns without fear of intimidation or punishment.

Ayşe Bingöl Demir, Director of the Turkey Human Rights Litigation Support Project, remarked: 'The criminal and civil proceedings against the Istanbul Bar Association's executive board amount to retaliation for engaging in lawful, rights-based advocacy. They are part of a broader effort to intimidate the legal profession and silence institutions that challenge state power.'

According to the amicus brief, the charges brought against the Istanbul Bar's leadership are both vague and legally baseless, relying on overbroad anti-terrorism and 'disinformation' laws that fail to meet international standards of legality, necessity and proportionality. No part of the Bar's statement can reasonably be interpreted as 'inciting violence' or 'promoting terrorism'. The statement reflects the Bar's role as an institutional safeguard, defending its members and speaking out against unlawful detentions and alleged violations of international law.

Tierry Wickers, President of the Council of Bars and Law Societies of Europe (CCBE), stated: 'These actions are not just an attack on the Istanbul Bar Association, they are an attack on the very idea of an independent legal profession, one of the main pillars of a democratic society and a fundamental guarantee for ensuring the rule of law and preventing abuse of state power.'

The organisations stress that this case is not isolated but emblematic of a wider pattern in Türkiye, where bar associations have faced mounting interference, lawyers are increasingly prosecuted for their work and dissenting institutions are subjected to coordinated pressure.

Dinushika Dissanayake, Deputy Regional Director for Europe at Amnesty International, warned: 'What is happening in this case is emblematic of a systemic pattern but also sets a dangerous precedent: criminal law is being misused to target lawyers, their professional body and human rights defenders for simply carrying out their work. Türkiye's overly broad anti-terrorism laws are open to abuse. Prosecutions such as these send a chilling message that demanding the authorities abide by their human rights obligations comes at a heavy cost and that lawyers', their representatives' and all our rights to freedom of expression can be arbitrarily curtailed. In the face of this, the only fair outcome is the acquittal of all the leaders of Istanbul Bar Association at the hearing.'

In light of these concerns, the international organisations have requested the Istanbul court to assess the lawfulness and propriety of the ongoing criminal and civil proceedings in line with Türkiye's binding obligations under international human rights law, including the standards on the independence of lawyers and bar associations and the rights to freedom of expression and association. As the amicus brief highlights, the charges and actions against the Istanbul Bar Association's executive board contravene these standards, appear to pursue an ulterior political purpose and risk setting a dangerous precedent for legal professionals and institutions engaged in rights-based advocacy.

The 12 organisations that submitted the amicus curiae brief are:

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