Statement of the New York City Bar Association Protesting Turkey’s Arrest and Detention of Şiar Rişvanoğlu of the Progressive Lawyers Association (“ÇHD”)

* On November 29, 2024 Şiar Rişvanoğlu was granted pre-trial release, a positive development that the City Bar applauds.

The New York City Bar Association on November 28 condemned in the strongest possible terms Turkey’s arrest and ongoing detention of lawyer Şiar Rişvanoğlu of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği, or “ÇHD”).[1] 

On the morning of November 26, 2024, Turkish authorities executed a raid at Rişvanoğlu’s home, in his absence. At the time of the raid, Rişvanoğlu – a member of the Adana Bar Association – was on a plane. Police subsequently took him into custody at the Çukurova airport in Tarsus.[2] Rişvanoğlu’s arrest was part of a massive, multi-city dragnet operation of coordinated, simultaneous raids, ensnaring scores of rights activists, journalists, and political figures and “sparking concerns about targeting dissent.” Specifically, media reports have linked the government operation to the climate of “increasing state pressure on opposition groups and heightened political tensions” throughout the country, explaining that “[t]he widespread nature of the raids and the prominent profiles of those detained” indicate that the government’s actions are “politically motivated.”[3] As of November 28 (three days after his arrest), Rişvanoğlu remains behind bars. 

The charges against Rişvanoğlu apparently relate to alleged membership in a “terrorist” organization – amorphous charges which the government frequently levels in “political” cases involving individuals such as rights activists and opposition figures. The nature of the charges, together with the circumstances of Rişvanoğlu’s arrest and detention, raise grave concerns as to Turkey’s compliance with domestic and international law. 

Significantly, in blatant violation of provisions of Turkey’s Code of Criminal Procedure and its Law on Lawyers,[4] neither the prosecutor nor a representative of the bar association was present at the raid on Rişvanoğlu’s home. Moreover, a confidentiality order was imposed in the case, and Rişvanoğlu was subject to a 24-hour ban precluding communication with his defense team,[5] substantially prejudicing his right to a fair defense. 

Turkey’s actions not only flout domestic law, they also appear to run afoul of a number of the country’s obligations under international law. For example, as a state party to the International Covenant on Civil and Political Rights (“ICCPR”), as well as the European Convention on Human Rights (“ECHR”), Turkey is obligated to recognize and enforce the rights of all individuals to such fundamental freedoms as freedom of thought, freedom of expression, and freedom of association.[6] In addition, the ICCPR and the ECHR expressly prohibit arbitrary arrest and detention.[7] The two treaties similarly mandate that Turkey accord all accused a full panoply of fair trial rights, including the presumption of innocence, the right of access to counsel and presumptive pre-trial release, and the right to adequate time and facilities to prepare a defense, among others.[8] 

Quite apart from the foregoing rights to which all individuals are entitled, Rişvanoğlu is also entitled to other critical rights because he is a lawyer. International law recognizes the unique and vital role that lawyers play in any society. Because they serve as guardians of justice for all, international law accords lawyers special protections. For example, under the United Nations Basic Principles on the Role of Lawyers, governments are strictly barred from associating lawyers with their clients’ positions and causes. In other words, as advocates, lawyers are obligated to make the best case possible for their clients. But no matter who the client is and no matter what the client’s position or cause may be, that position or cause is not attributable to the lawyer personally.[9]

The U.N. Basic Principles also provide that governments are to “ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.”[10] Further, “[w]here the security of lawyers is threatened as a result of discharging their functions,” the U.N. Basic Principles state that the lawyers “shall be adequately safeguarded by the authorities.”[11] Lawyers “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”[12]

In addition, the U.N. Basic Principles underscore that lawyers are entitled to freedom of expression, association, and assembly (mirroring the rights to which all individuals are entitled under the ICCPR and the ECHR). In particular, the U.N. Basic Principles explicitly state that lawyers have the right to take part in public discussion of matters concerning the law, the administration of justice, and the promotion and protection of human rights.[13] Like all lawyers everywhere, the lawyers of Turkey – including Rişvanoğlu – are entitled to each of these protections. 

ÇHD is renowned for handling many of Turkey’s most challenging and politically-sensitive cases and causes. Due to the nature of its work, the organization and its members have been the subject of sustained attacks by Turkey’s government.[14] Statutory decree 677, dated November 22, 2016, banned the organization, although ÇHD ultimately won reinstatement. More recently, 18 ÇHD-member lawyers were sentenced to prison in one trial; and, in another nine-year trial, 21 lawyers received sentences totaling 146 years. In addition, three other members of ÇHD were ÇHD arrested on February 6, 2024, and two more on July 2, 2024.[15]  

Based on the extensive history of the unjust detention and the wrongful conviction and imprisonment of many ÇHD members, the detention of Rişvanoğlu is likely retribution for his involvement in the work of ÇHD. Rişvanoğlu is a former President of the Adana Branch of ÇHD and is nationally prominent as a champion of the rights of, inter alia, “revolutionaries, the Kurds, women, workers, and the oppressed,” including writers and journalists.[16] His decades of representing opposition figures has earned him the enmity of the Erdoğan government[17] and has repeatedly made him a target of death threats. As recently as October 16 of this year, Rişvanoğlu’s car was vandalized and a threatening note, signed by the “Turkish Vengeance Brigade,” was left on his windshield.[18] This latest threat is believed to be linked to Rişvanoğlu’s remarks several days earlier at a meeting of the General Assembly of the Adana Bar Association, where he advocated for the workers at the Polonez meat factory in Istanbul, where nearly 150 workers have been laid off in connection with the workers’ months-long campaign for unionization. In addition, Rişvanoğlu introduced resolutions seeking to have the Adana Bar “take a stance on shutting down İncirlik and Kürecik military bases and halting oil transport from Turkey to Israel.”[19] 

The global community has long recognized Turkey as one of the world’s most dangerous countries for lawyers. In 2019, Turkey was designated as the focus country for the International Day of the Endangered Lawyer, highlighting the country’s relentless persecution of lawyers.[20] And, in 2021, Turkey was the subject of the inaugural observance of International Fair Trial Day, casting a spotlight on the government’s widespread violations of internationally-accepted fair trial principles, standards, and practices.[21] 

Turkey must be held to account for its constant flagrant and systematic attacks on lawyers. The country cannot be permitted to remain an outlaw state. The Erdoğan government must comply with the U.N. Basic Principles on the Role of Lawyers, and honor Turkey’s obligations under all other relevant provisions of international law. Most immediately, Turkey must release and exonerate Rişvanoğlu, as well as all other lawyers who are political prisoners and victims of government persecution. The world is watching. 

The New York City Bar Association is proud to stand shoulder-to-shoulder in solidarity with Şiar Rişvanoğlu, and with all of our beleaguered but courageous colleagues in Turkey, who have selflessly dedicated themselves to the fight for democracy, human rights, justice, and the rule of law. They shine brightly as beacons of inspiration for us all.