HRW: Turkish law on bar associations undermines judicial independence

In a statement, Human Rights Watch said that a proposed law on bar associations in Turkey would further undermine judicial independence.

"If the amendments are approved, the real and potential danger is that the independence and impartiality of the judicial authorities will become seriously suspect, and these amendments will seek to neutralize the political opinion of the lawyers, as well as improperly influence their judicial decision-making, and this will further damage the impartiality of the mainly weak judiciary," the organization added. ".

"Since lawyers are an essential component of the justice system, it is doubtful whether the public's confidence in the independence of the judicial system can be preserved when the bar associations are divided on political grounds," Human Rights Watch said.

The Turkish government proposed a new bill in June 2020 that would amend the Lawyers Law in Turkey, and the bill would significantly reduce the representation of lawyers from the main cities of Turkey in the National Union of Turkish Bar Associations.

The amendment suggests that in governorates with more than 5,000 lawyers, any group can establish its own bar association.

Turkey's ruling Justice and Development Party claims that the formation of more bar associations will ensure a more democratic and pluralistic system.

However, the majority of these unions, as well as many lawyers and activists, argue that the real intention of the bill is to weaken existing unions in big cities that have criticized the government for its human rights violations.

Human Rights Watch said: "When a bar association discloses a violation of human rights or criticizes the government's human rights policies, it is likely that a counter statement will be issued by another bar association, which weakens the value of the criticism and politicizes the matter."

The organization said that the statements made by the Turkish government about the plan, timing and the means through which it is presented show that it has a political purpose.

Human Rights Watch concluded its statement by saying: "The proposed law is politically divisive and will contribute to undermining the appearance of independence and impartiality in the judicial system."

J.O