Situation in Turkey

Resolution of the American Bar Association, Judicial Division, No. 10B, on the situation of judiciary in Turkey

American Bar AssociationAmerican Bar Association,
Massachusetts Bar Association
Report to The House of Delegates
Adopted as Revised

Resolution

RESOLVED, That the American Bar Association, which supports the independence of the judiciary and the legal profession and opposes any Nation’s state’s detention of individuals without charge or access to counsel, calls upon the Government of the Republic of Turkey to:

(1) immediately release each detained judge, lawyer, prosecutor, journalist and any other individual unless there is evidence establishing reasonable grounds to believe that the individual has committed a crime;

(2) meet its obligations to protect human rights, to respect the prohibition against torture, to respect freedom of speech and of the press, and to ensure that any measures taken during the declared state of emergency including the seizure of assets of detained individuals derogate from those obligations only to the extent that the exigencies of the situation absolutely require;

(3) provide a fair hearing before an impartial tribunal applying established legal principles before suspending or dismissing any judge from the bench or any lawyer from the bar and adhere to international standards concerning the independence of judges and lawyers;

(4) fully inform the Secretary General of the Council of Europe of each measure that it has taken in derogation of the European Convention on Human Rights, including the reasons for each such measure; and

(5) fully inform the Secretary-General of the United Nations of each measure that it has taken in derogation of the International Covenant on Civil and Political Rights, including the reasons for each such measure and the date on which it ceases the measure.

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