Photo: Can Öztürk
The Istanbul Bar Association has filed two separate administrative lawsuits against the Ministry of Justice, claiming that recent practices at Istanbul’s two major courthouses are unlawful and effectively restrict the constitutional right to a defense.
MLSA - The lawsuits, submitted in response to measures implemented at the Istanbul Courthouse (Çağlayan) and the Istanbul Anatolian Courthouse, demand the annulment of restrictive security practices and a halt to their execution. According to the Bar Association’s statement, procedures such as mandatory X-ray screening, the creation of restricted zones, and blocked corridor access violate Turkey’s Constitution, the Attorneyship Law, and international treaties to which Turkey is a party.
The bar argues that these practices “de facto limit lawyers’ access to prosecutorial authorities, their right to examine case files, and their ability to communicate effectively with clients,” amounting to an interference with the core of the right to defense and, by extension, with citizens’ fundamental rights and freedoms.
“Interventions without legal authority violate rule of law”
In its statement, the Istanbul Bar emphasized that the restrictions in courthouses lack a legal basis and that public prosecutors do not have the authority to implement such measures. The bar said:
“These types of interventions are incompatible with the principles of a state governed by the rule of law. It is evident that prosecutors are unlawfully exercising powers not granted by law. These interventions overstep the boundaries established by the Court of Cassation, the Constitutional Court, and the European Court of Human Rights, constituting an abuse of authority.”
The bar said that its legal challenge seeks to both protect citizens’ rights and defend the independence of the legal profession against executive interference.
Police blockade at Çağlayan Courthouse also contested
Separately, a group of lawyers had previously petitioned the Istanbul Governor’s Office to lift the police blockade at Çağlayan Square, which began on Jan. 31—the day Istanbul Metropolitan Municipality Mayor Ekrem İmamoğluarrived at the Istanbul Courthouse to testify—and has continued for nearly eight months.
The bar emphasized that restrictions on citizens have been expanding in recent months, and that these restrictions also impact the legal community:
“We are resolutely continuing our legal struggle against these unlawful practices, which effectively limit the right to defense and prevent lawyers from accessing courthouses and judicial authorities.”
Journalists and observers barred from entering courthouse
The police blockade at Istanbul Courthouse intensified following İmamoğlu’s Jan. 31 appearance. Since then, not only lawyers but also journalists, citizens, and civil society representatives have faced increasing restrictions.
Most recently, on Nov. 27, during court hearings involving numerous journalists on freedom of expression charges, access to the courthouse was again restricted. On orders allegedly issued verbally by Istanbul Chief Public Prosecutor Akın Gürlek, only journalists with turquoise press cards issued by Turkey’s Presidency of Communications were allowed entry. The decision, justified on the basis of the ongoing “Urban Consensus” trial, also affected citizens, parliamentary aides, and human rights observers who had come to monitor the hearings.
Among those denied entry were Erol Önderoğlu, Turkey representative for Reporters Without Borders (RSF) and media monitor for Bianet; Bianet reporter Ayşegül Başar; Eylül Deniz from İlke TV; journalists Fatoş Erdoğan and Rabia Çetin; Milena Büyüm from Amnesty International; and Semra Pelek from the Media and Law Studies Association (MLSA).
“Violation of the principle of public hearings”
Batıkan Erkoç, attorney and general coordinator of MLSA, criticized the restrictions, stating that they directly contradict rulings by the Constitutional Court.
“At Çağlayan Courthouse, if you identify yourself as a journalist, security personnel ask for identification. If you don’t have a turquoise press card issued by the Presidency of Communications, you are denied entry. International press cards or company IDs are not accepted. But the Constitutional Court has clearly stated that journalism cannot be contingent upon holding a press card.”
Erkoç further reminded that court hearings are, by law, open to the public:
“Preventing not just the press, but also ordinary citizens from entering courtrooms violates both the Constitution and the principle of open hearings under the Criminal Procedure Code. One of the core elements of a fair trial is public access to proceedings. But in practice, this right is being undermined under the guise of security.”
