Kazan spoke on controversial law: An attempt to eradicate the right of defense 2020-07-13 13:20:30 İSTANBUL - Turgut Kazan, the president of the İstanbul Bar Association, defined the new "Multiple Bars" law as a "Metin Feyzioğlu law" saying, "This is an attempt to eradicate the right of defense and fair trial." Even though thousands of lawyers and the presidents of the bar associations have protested mainly in the Turkish capital Ankara and other cities including İstanbul and İzmir against the law bill, Turkey’s parliament passed the "Multiple Bars" law on July 11 which aims to change the structure of bar associations and is perceived as a move by the bar associations to divide and control the bars.    Turgut Kazan, the president of the İstanbul Bar Association evaluated the controversial law stating that the existing judiciary in Turkey has no independence and impartiality. According to Kazan this law aims to subdue the bar associations which have been the last castle remained independent and neutral in the field of law.   'AN EMPIRE OF FEAR'    "The Council of Judges and Prosecutors (HSK) and the Constitutional Court (AYM) has been all subdued by the President's Government System. AYM and HSK members are determined directly from above. So there is no independent and impartial judiciary," said Kazan, but he thinks that there are at least independent lawyers who are able to talk about all the scum and the injustice. Kazan said, "Since the government is uncomfortable with this, it plays with the independence of the bar associations. Ultimately, they are trying to create their own bar associations, just like their own judiciary. Since the government does not recognize the law, they want to put a lock on the door of the bar associations who would be exposing their unlawful decisions. As the political power loses its power, it will increase the pressure. They want to create an empire of fear by silencing the bar associations."   'THERE WILL BE NO RIGHT OF DEFENSE'   Kazan described the law as, "This is a Metin Feyzioğlu law. This is a step taken in accordance with Metin Feyzioğlu and he is the pawn who made this easier for the government," referring to the Feyzioğlu, the much-debated head of the Union of Turkish Bar Associations (TBB) whom the lawyers launched a sit-in in front of the İstanbul Bar to urge to resign. "People would have no right of defense from now on. At least the lawyers have been revealing all their scums ensuring that the morale and the strength of the people subjected to injustice were kept high. And the people they imprisoned would be forced to commit suicide as their right of defense and the presumption of innocence would be broken."   'THIS IS A TEST FOR TURKEY'S CONSTITUTIONAL COURT'   Kazan believes that the Constitutional Court of Turkey (AYM) has already lost its capacity as a constitutional court, but not matter what it is supposed to say no to this regulation of "Multiple Bars" noting, "AYM should definitely cancel the law, but AYM is not AYM anymore. This is a test and we will see what happens. AKP (Justice and Development Party) militants are appointed to the Constitutional Court and most of them are not even legal experts. Who rules the decision on Hagia Sophia? The President of the Council of State, who is also the one who ruled the decision to cancel the mayoral elections in İstanbul. That's all to say, I rest my case."   MA / Naci Kaya - Kadir Güney