Probe into Obligatory Counsel Strike
According to news agency reports, Bar Association executive board members face possible charges of "abusing their authority" depending on the result of the probe and if the Ministry of Justice allows an all-out investigation.
The Ankara Bar Association decision to deny counsel to minors who are defendants or victims in crime free of charge to the clients themselves as well as reject obligatory counsel services to defendants facing prosecution or offences punishable by more than 5 years imprisonment, comes in line with a decision taken by Turkey's Union of Bar Associations (TBB) on July 22.
Both the defence of children and those charged with serious offences under the Turkish Code of Criminal Procedure (CMK) are regarded as fundamental components of the "right to defence" and guaranteed by Turkish legislation as part of its EU harmonization efforts.
At heart of the dispute is the Ministry of Justice's failure to pay legal fees to the lawyers working the system already at a disadvantage of offering their services for half the rates of minimum wage set in he lawyer's tariff.
Reports have it that the Bar Association as of yesterday rejected requests received from courts and the police to appoint obligatory counsel for present cases, referring to the TBB decision.
The result of the strike was lack of any appointment of counsel, as required by constitution and international conventions, to cases concerning defendants in trials during this judicial holiday period and assigning no counsel to new cases under investigation.
According to news agency reports, the law requires permission to be granted by the Ministry of Justice in advance of criminal investigations against lawyers related to professional offences and the Public Prosecutor's Office has applied for this permission.
If the Ministry approved, the investigation will go ahead and the prosecution may indict those involved. (II/YE)