Güçlü Sevimli. The Anti-Terror Law is being applied against opposition across the country. Its articles are being leveraged to silence and intimidate nearly anyone who opposes the current political system and power. The lawyers associated with the Progressive Lawyers Association (ÇHD) are particularly targeted, as they engage with the opposition in Türkiye. This law, used as a tool, is not applied by itself, but in conjunction with relevant articles of the Turkish Penal Code governing organised crime, such as Articles 314 and 220. When the State perceives a lawyer as a threat to the system and aims to silence or incapacitate them, the ‘terror laws’ are invoked to label them as members of illegal organisations.
Fabricated evidence is frequently encountered in judicial investigations, with the predominant tactic over the past decade being the utilisation of ‘anonymous witnesses’. Investigative authorities (police and prosecutors) rely on statements from these witnesses to incriminate lawyers.
These anonymous witnesses are typically individuals who were previously tried for involvement in illegal organisations. They are offered acquittal or release from prison in exchange for providing false testimonies. In other words, they have a strong interest in fabricating statements against lawyers. Despite the evident legal issues surrounding this practice, judicial authorities, including judges and courts, continue to issue arrest warrants and impose prison sentences on this basis.
These lawyers stand in direct opposition to the established system, prioritising advocacy over profit. Their dedication extends beyond mere legal practice. They champion the rights of workers, the oppressed, women, Kurds, the impoverished, revolutionaries, and socialists. They consistently follow political trials and cases involving instances of violence in prisons. Consequently, they have drawn the attention of the authorities, who seek to incapacitate and suppress them. ÇHD lawyers operate within this framework, consistently finding themselves targeted due to their approach to the practice of law and their activism.
Nine ÇHD lawyers were arrested on 18 January 2013, and fifteen more on 12 September 2017. The 2017 investigation was concluded by 2019, leading to 18 ÇHD lawyers receiving prison sentences of up to ten years. Currently, fifteen ÇHD lawyers remain incarcerated in various prisons across the country. Despite the absence of concrete evidence within the case files, the primary basis for prosecution in both trials was the testimony of anonymous witnesses. Ebru Timtik, one of the ÇHD lawyers arrested during the 2017 trials, passed away on 27 August 2020, while on a hunger strike protesting for a fair trial.