Launching Conference for the Project ”Strengthening the capacity of bar associations and lawyers on european human rights standards”

13 September 2018, Ankara

Dear President and members of the Union of Turkish Bar Associations,

Distinguished representatives of the Central Finance and Contracts Unit and the Delegation of the European Union to Turkey

Excellencies,

Ladies and Gentlemen,

I am very honoured and pleased to be in Ankara today on the occasion of the launching of an important joint project between Turkey, the European Union and the Council of Europe. A project to support Turkish lawyers in protecting human rights.

I would like to thank in particular the European Union for it generous support to make this possible.

Today’s conference coincides with an important date for human rights. On the 3rd of September, 65 years ago, the European Convention on Human Rights entered into force. Turkey, a founding member of the Council of Europe, was among the first States which signed the Convention. The convention is an extremely important instrument for our continent, a unique safety net protecting more than 830 million people, as the Secretary General of the Council of Europe stressed on the occasion of the Convention’s anniversary.

Here in Ankara, at the beginning of this year, the Secretary General underlined the importance of some of the Convention’s standards on fundamental rights. Standards that illustrate the need for strong lawyers, namely:

• the existence of sufficient grounds in case of detention,
• the presumption of innocence,
• access to a court,
• access to legal representation,
• equality of arms,
• and the right to a fair trial within a reasonable timeframe.

The European Court of Human Rights has recognised on several occasions the central position of lawyers in the administration of justice. Confidence in the ability of the legal profession to ensure effective representation is central to the confidence of the public in the justice system.

Lawyers play a distinct role in identifying human rights violations and representing the victims, first before national courts in line with the principle of subsidiarity, and then in Strasbourg. They are most instrumental in ensuring that people can actually enjoy their rights. Their contribution to the development of the case-law of the European Court must be underlined.

* * *

Turkish lawyers in particular have greatly contributed to advancing the protection of human rights. They brought land-mark cases before domestic courts and ultimately to Strasbourg. Cases which raised important issues in various aspects of life. Cases which set human rights standards and had an impact not only in Turkey, but also beyond in all member States.

Let me illustrate the importance of these cases for all spheres of life:

I would like to refer in particular to the case of Salduz against Turkey[1] - This has been a groundbreaking decision of the European Court holding that people detained by the police have the right to access a lawyer. Access to a lawyer in the period immediately following arrest is a fundamental safeguard against ill-treatment. Interrogations without legal assistance could be a violation of the fundamental right to a fair trial. Since 2008 the Court has reiterated this standard in a consistent line of jurisprudence. Following this judgment, reforms have been implemented in Turkey and other member States to bring their justice systems in line with the standards set in this case so that anyone arrested can rapidly have access to a lawyer.

Other cases brought by Turkish lawyers to the European Court of Human Rights have led to important judgments in areas such as:

• unintentional loss of life resulting from dangerous activities and setting of the respective preventive measures[2];
• domestic violence and the States’ obligations to address this problem[3]; and
• freedom of expression online and the role of Internet platforms (namely YouTube) which enable the dissemination of information, in particular on political and social matters, and foster the emergence of citizen journalism[4].

These cases illustrate the contribution which lawyers may have on the development of human rights standards and their protection.

It is important that an enabling environment is in place so that lawyers can perform their tasks in an effective manner. Among the parameters of this environment is the need for them to be equipped with the necessary knowledge of domestic law but also of international law and human rights standards, starting with those developed by the Council of Europe.

To promote the establishment of such an environment, the Council of Europe is supporting its member States through legal instruments (namely Conventions) complemented where appropriate by monitoring mechanisms, but also through practical initiatives and cooperation projects.

The Council of Europe has had a long-standing cooperation with the Union of Turkish Bar Associations. This has materialised in various joint projects of the European Union and the Council of Europe, where the Turkish Bar Association was either the main beneficiary or one of the key stakeholders.

For example, more than 9.500 lawyers around the country have been trained on the European Convention on Human Rights already back in 2008;

more than 1000 lawyers were trained on “Legal Aid”, “The Development of the Defence Strategy and Motion Practices”, “Witness Examination”, and “Defence Ethics” in 2014;

Currently, and together with the Turkish Constitutional Court, more than 3.000 lawyers, in addition to 3.000 judges and prosecutors, are being trained on “the Individual Application to the Constitutional Court in Turkey”.

Today we are launching our new joint project on Strengthening of the Capacity of the Bar Associations and lawyers on European Human Rights Standards. This project’s overall aim is to deepen the rooting of human rights in society, with the help of lawyers, alongside the co-operation conducted for the same purpose with the Turkish authorities.

We hope that this Project will contribute to strengthening the role of Bar Associations and lawyers in Turkey in protection and promoting human rights through

• strong regional human rights centres,
• improved human rights training programmes, and
• better cooperation among all stakeholders.

We also see a potential of this Project to become a model for other member States of the Council of Europe.

* * *

The launching of this new project today demonstrates the willingness of the Council of Europe to deepen its cooperation with Turkey. This responds to the recent announcement by the Turkish authorities of their wish to enhance the relationship with the Council of Europe and to focus on such areas as the judiciary and fundamental rights and improved cooperation with the European Court[5].

As I started my speech citing the Secretary General’s statements at the beginning of this year in Ankara, I would like to finish by citing another statement he made no later than last week in Strasbourg in the Committee of Ministers, and I quote: “…[i]t is essential to give a new impulse to our continued dialogue with the [Turkish] authorities, based on mutual commitment and with the aim of delivering concrete results”.

The Council of Europe is committed to securing the successful implementation of the new Project and will be an active partner in its implementation. The contribution of the Turkish partners will be the key to its success and we are most grateful for their support.

Thank you for your attention.

[1] Grand Chamber judgment of 27 November 2008.

[2] Öneryildiz v. Turkey, Grand Chamber judgment of 30 November 2004.

[3] Opuz v. Turkey, Chamber judgment of 9 June 2004.

[4] Cengiz and Others v. Turkey, Chamber judgment of 1 December 2015.

[5] Announced by Foreign Affairs Minister Mr. Cavusoglu, and Justice Minister Abdulhamit Gul. Also:

Reform Action Group (The Turkish foreign affairs, justice, interior and economy ministers) agreed to accelerate the political reform process

“In the upcoming process, all our institutions and the Ministry of Foreign Affairs Directorate for EU Affairs will focus on the negotiation chapters on the judiciary, fundamental rights, freedom and security,” Çavuşoğlu said, speaking at a joint press conference.