Joint statement by 76 bars: Postponing elections means seizing lawyers’ will

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76 bar associations have released a joint statement regarding a recent circular letter issued by the Interior Ministry, which has postponed the events to be held by professional organizations in the capacity of public institutions and NGOs until December 1 on the grounds of pandemic.

The postponement or, rather, the ban in question also applies to the general assembly meetings of bars previously scheduled for October.

CLICK - Ban on events of professional organizations, NGOs

In their joint statement, the bar associations have underlined that it was not an accident for the Ministry to take such a decision one day before the General Assembly processes of bar associations started.

Their joint statement briefly reads as follows:

"One day before the bar associations' General Assembly processes officially started, the general assembly meetings of professional organizations in the capacity of public institutions have been unlawfully postponed till December 1, 2020 by the 'advisory' circular of the Interior Ministry dated October 2, 2020 and statedly taken upon a letter from the Health Ministry and by the decisions of the Provincial Public Health Boards dated October 2, 2020.

"In a decision taken by the Supreme Election Council (YSK) on October 2, 2020, it has also been concluded that in the event that district/provincial public health boards take such a decision, general assembly meetings of bar associations cannot be held.

"As per the Article 82 of the Attorneys' Act no. 1136, the General Assemblies of Bar Associations shall convene within the first weekdays of October every other year that ends with an even number. The legal provision has been breached first by the advisory circular, then by the decisions of the Provincial Public Health Boards and finally by the decision of the YSK.

'Public health boards cannot postpone assemblies'

"According to the Public Health Law no. 1593, Public Health Boards do not have the authority to postpone general assembly meetings. That being the case, it is openly against the law that an arrangement introduced by law is removed by procedures such as a circular letter or board decisions.

"Given that the YSK has cancelled the general assemblies of bars based on the unlawfully taken public health board decisions, but, in the same decision, it has not found it objectionable that political parties hold their conventions, thereby indicating that the virus chooses meetings, it is unfortunately not possible to make a legal evaluation about this YSK decision.

'Our legal struggle will continue'

"Postponing the elections of bar associations means seizing the will of all lawyers who have the authority to cast votes and choose the bodies of bars.

"We will keep struggling against this unlawfulness through legal channels. We once again remind the authorities before history that this lawlessness will inflict irreparable damage on the principle of legal certainty and our democracy as the right to vote and be elected is arbitrarily denied."

(RT/SD)