The “multi bar” law proposal passed through the parliamentary commission with the AKP and MHP votes. Lawyers who continue their objections to the proposal point out that the arrangement will also have an impact on the citizens.
The 28-item “Lawyer Law and Law Proposal for Amendment to Certain Laws”, which is known as “multiple bar” in public opinion, was accepted by the AKP and MHP votes despite the objections of the opposition parties and the protests of the bar associations.
However, heads of bar associations and lawyers, “multi-bar” determined to continue their objections to the proposal throughout Turkey.
Lawyers, who argue that the multi-bar system will eliminate lawyers who will defend the right of citizens in courts, say that this system will directly affect the daily life of citizens.
According to the proposal, at least 2 thousand lawyers will be able to come together and establish a new bar in all provinces with more than 5 thousand lawyers. Currently, Istanbul, Ankara and Izmir bar associations are affected by this part of the offer. It is calculated that at least 5 new barons can be found in Istanbul with 50 thousand lawyers members, in Ankara with 20 thousand members and in İzmir with 10 thousand members. In the near future, in many cities, such as the Antalya Bar Association, which is approaching 5 thousand members, multiple bar structuring will occur.
“They will try to buy lawyers”
So will multiple bar associations only concern bar associations? How will the proposal affect the public?
Attorney Akın Atalay anticipates that alternative bars will be established in Ankara, Istanbul and Izmir. Evaluating the possible consequences of the change to DW Turkish, Atalay said, “Afterwards, they will try to direct lawyers to these pro-government bars with promotions, discounted tariffs, loans and similar incentives and awards from public banks, public facilities, Turkish Airlines. They will try to buy lawyers if we put it in a somewhat rude statement, ”he predicts.
Atalay says that this situation will be completely at the detriment of the public. Atalay reminds that citizens not only encounter accusations of crime, but also face disputes with the state institutions in the courts due to land, social security, health, insurance jobs, zoning, land expropriation and tax problems.
Atalay emphasizes that the main way for people to seek their rights and to make justice from the courts is that everyone who attends the court has the power and ability to make independent and impartial decisions. “Today, however, judges and prosecutors in Turkey have become dependent on government. Atalay said that when they make an independent decision, they are either dismissed from the profession or sent into exile. ”Apart from judges and prosecutors, Atalay says that only lawyers can defend the rights of the people in the courts.
Atalay predicts, “If the government, which has attached judges and prosecutors to it, connects lawyers to itself, it will not be possible to make a fair decision from the courts in cases where the people are in court with state institutions.” For this reason, Atalay argues that social and political support should be increased to all bar associations and lawyers, who have raised the voice of the “multiple bar” system.
“Pro lawyer can not defend”
According to Doğan Erkan, one of the lawyers of Ankara Bar Association, the multiple bar associations create a legal system that can be found by lawyers with multiple political views before the citizens who will seek rights in courts.
Erkan, citing the alleged insult of the president on social media, would like to draw attention to the situation that this person could not hire a lawyer due to the economic difficulty.
“For this person, the court will ask the bar association for a lawyer. The Bar Association will also appoint a lawyer to the hearing. So what bar will this lawyer come from? Erkan, who asks whether it is from the number 1 bar or the number 3 bar, predicts that the multiple bar structuring will separate lawyers in more than one bar in a city according to their political identity.
Erkan said, “When the bar associations are divided, what will be established according to the doubt, bar associations will naturally be established according to their political affinities. Therefore, it will be an AKP member, ie a pro-bar. Either if he is appointed from the bar, lawyer. Everyone should know that this lawyer will not be able to independently act as a lawyer in the case of defaming the president. The pro lawyer cannot defend ”.
“The lawyer should have only robes”
Lawyer Doğan Erkan states that the citizen, who is in charge of the police, gendarmerie or any municipality, cannot be represented in the court with lawyers from the bar that is close to that municipality and that law enforcement agency.
“Lawyers only have robes. Erkan, who said that they do not know who they are close to during the hearing, complains that the political power that every barrier and every lawyer believes will be obvious. Erkan said, “The court and other judicial authorities should not know the political identity and belonging of the lawyer who defends against the state institutions during the trial. Because they are affected by this. Worst of all is that a lawyer from the pro-bar, who is under the guidance of the government, influences the judge, the prosecutor and cannot defend the right of the citizen. ”
Turkey Bar Association (TBB) 80 barons in Turkey in general almost all of the government’s multi-bar bill protest against the stand, it will become law after discussion in the General Assembly. The heads of the bar associations, who hold a defensive march to Ankara with the slogan “Defense cannot be stopped” and sit in front of the parliament, are preparing to take action in Ankara during the General Assembly negotiations of the law proposal. In case the proposal is enacted, the CHP will apply to the Constitutional Court with a request to cancel the multiple bar arrangement.