PERİ BAVAY

Izmir- Recently, the “Freedom of expression” is one of the most discussed issues in Turkey. Turkey’s parliament passed new amendments known as the “censorship law” on October 13, 2022. Since then, everything, including using the right to receive information and ideas, chanting a slogan that is embraced by everyone all around the world and commenting on the alleged use of chemical weapons by Turkey in the Kurdistan Region, is classified as a crime.

At the General Assembly of the Izmir Bar Association, lawyer Aryen Turan, member of the ÖHD, chanted the slogan, “Jin, Jiyan, Azadi (Women, Life, Freedom)” in her speech. Then, she was subjected to the racist and sexist attack initiated by the Republican Lawyers Group at the general assembly, and to defamation, threats and lynch on social media. The member of the lawyers’ group attempted to attack her after her speech. The slogan, “Jin, Jiyan, Azadi” has been chanted all around the world after it was chanted by the women in Iran following the killing of Jina Mahsa Amini.

Lawyers Association for Freedom (ÖHD) Izmir branch Co-chair Şükran Öztürk spoke to NuJINHA about the lynch attempt against Aryen Turan for chanting the slogan, “Jin, Jiyan, Azadi”, the censorship law and the alleged use of chemical weapons by Turkey in the Kurdistan Region.

“The speech was written by our association”

· According to received reports, an investigation has been launched against your association’s member lawyer Aryen Turan for calling for an investigation to be launched into the alleged use of chemical weapons and chanting the slogan “Jin, Jiyan, Azadi”. What are your thoughts about this investigation?

First of all, I want to state that the text of the speech read at the General Assembly of the Izmir Bar Association was written by our association. The association’s member Aryen Turan read this text. For this reason, the interlocutor is not Aryen Turan; it is our association. As stated in our charter, the main aim of our association is to oppose all kinds of unfair practices or illegitimate attacks on social, economic and political rights of every citizen to protect their right to life, language, religion, race, color, gender, sexual orientation, gender identity, etc. against national or international authorities. We, as the association, think that every possible rights violation must be investigated by the authorities. Until now, we have spoken out against all rights violations and we will continue to speak out.

“They were targeted”

· What can be said if we comment on the attitude of the lawyers, members of the Republican Lawyers Group, who reacted to Aryen Turan's speech, within the framework of law?

At the General Assembly of the Izmir Bar Association, everyone can make a speech within the allotted time. We make speeches at the General Assembly on behalf of the association. The text of the speech made by our member was previously discussed and approved by our association. Although the content did not constitute any crime, a group of Republican lawyers tried to organize a lynching just because the text included Kurdish words. Moreover, the fact that the lawyers attempted to lynch a lawyer, this made the situation even more tragic. Lawyers are expected to defend laws, human rights and the right to freedom of speech but they targeted our members and association on social media platforms instead. Lawyers from the Republican lawyers' group targeted their colleagues rather than defending their right to have a say.

“Tension rises as the elections approach”

·Do you think this racist and male-dominant attack is related to the ongoing political process?

The attack, of course, is related to the ongoing political process. The ruling party tries to raise nationalism in order to survive the economic and political crisis in the country. The tension rises as the elections approach. Judiciary, press and supervision can exist if they are under the control of the ruling party. A fearful environment has been created to silence everyone. For instance, the Turkish parliament passed new amendments known as the “censorship law” in order to control society and the dissidents easier and to suppress the contradictory voices. The attack on our member, lawyer Aryen Turan, was an attack carried out by people, who took courage from the government's stance trying to intimidate the Kurds and the opposition by using the judiciary as a stick in this climate of political tension.

“The use of chemical weapons is a crime against humanity”

· You, as the association, call for an investigation to be launched into the alleged use of the chemical weapons. What do you think about the reaction against this call although the use of chemical weapons is a war crime?

First, we should say that the use of chemical weapons for any reason is a serious crime all over the world. The use of chemical weapons is prohibited by many international conventions. Turkey is one of the signatory countries prohibited by the Chemical Weapons Convention (CWC) and it is a member of the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW). Turkey is among 186 states-parties of the convention and the Organization for the Prohibition of Chemical Weapons (OPCW) is responsible for fulfilling the convention’s mandate. In order to determine the situation regarding the information and allegations reported in the press, an independent, international delegation should go to the region and investigate the allegations. Everyone should know that the use of chemical weapons is a crime against humanity and there is no time out for crimes against humanity. Making a speech on such an issue is very normal for a lawyer.

“Independent organizations can demand an investigation”

·  As ÖHD, you defend international law. According to international law, the use of chemical weapons is a crime. And states can only apply against the use of chemical weapons; however, the Kurds have no state to apply. Do you think to create a lawyer public opinion or establish direct contact in the international arena about the alleged use of chemical weapons?

 

As you said, yes, the officials of the Organization for the Prohibition of Chemical Weapons have very clear statements on this issue. They have stated that they will not investigate the allegations on the use of chemical weapons unless requested by the states-parties. Any State Party may request that independent bodies must investigate such allegations. Of course, it is possible for member states to request an investigation to be launched into this allegation.

“Crackdown will intensify as the elections approach”

· 11 journalists were detained several days ago in Turkey. What are your thoughts on the crackdown on journalism?

There has been a systematic crackdown on the press for years but this crackdown has been recently intensified. Now, the ruling party cannot tolerate even a critic. The detention of 11 journalists shows this intolerance. The detention of journalists is an attack on the citizens’ right to truth. The recent new amendments known as the “censorship law” serves this crackdown. We can say that the crackdown on the press will intensify as the elections approach.