Istanbul Bar Association, regarding the recent operations, said: "Dignity cannot be destroyed by judicial pressure!" He published a statement titled:
In its statement, the Bar Association evaluated together the confiscation of copies of Ekrem İmamoğlu's book "Nation is My Witness" and the ban on its distribution, the re-arrest of comedian Deniz Göktaş following the release decision on the grounds of other remarks in the same stand-up show before he could be released from prison, and the arrest of Tolga Stream, the founder and manager of the Manifest group.
Arguing that these proceedings are not independent judicial processes, Istanbul Bar Association said, "We are faced with a judicial practice in which criminal law and criminal procedure measures systematically intervene in the fields of expression, art, politics and criticism."
The statement included the following statements:
“DIGNITY CANNOT BE DESTROYED THROUGH JUDICIAL POWER!
Recent events show once again that criminal law is used to limit freedom of expression, silence critical voices and create a widespread deterrent effect on society.
The confiscation of printed and ongoing copies of Ekrem İmamoğlu's book "Nation is My Witness" and the ban on its distribution and sale, the re-arrest of comedian Deniz Göktaş before he could even be released from prison, on the grounds of other lyrics in the same stand-up show, and the arrest of Tolga Stream, the founder and manager of the Manifest Group, consisting of young female artists, are not independent judicial proceedings.
In front of us; There is a judicial practice in which criminal law and criminal procedure measures systematically intervene in the fields of expression, art, politics and criticism. The result of this practice is not only the deprivation of liberty of those who are under investigation or given an arrest warrant.
Legal rules, values and principles, which have been established over centuries for the rule of law and the legal society, are being liquidated "in the name of law" and "under the guise of law", but in reality with political motives. The path and method followed deepens the division in society based on grudge and hatred and puts social peace in an irreparably difficult situation.
If a comedian is forced to think about which of his words will be subject to investigation before going on stage, which comment will be turned into a criminal charge before an artist presents his work, and whether a publisher will have the copies of a book confiscated before printing it; Intervention is no longer directed solely at the person against whom action is taken. The deterrent effect is now felt throughout society, and the feeling of helplessness deepens.
Re-arresting a person after a release order has been issued for him without allowing him to leave prison leaves the right to personal freedom and security on paper.
The legal truth revealed by the Kavala decision given just last week is clear: Not only the formal legality of judicial power, but also the purpose for which it is used is subject to the supervision of human rights law.
Today, confiscating copies of a book and banning its distribution before it reaches its readers is not just an injunction against a publication. This situation is a direct interference with the freedoms of expression and dissemination of thought, press and expression, which are protected by Articles 25, 26 and 28 of the Constitution and Article 10 of the ECHR.
Depriving an artist, producer or manager of his freedom based on accusations related to his artistic activity is not only an interference with that person's freedom. Such interventions violate the freedom of expression and dissemination of thought guaranteed in Article 26 of the Constitution and the freedom of science and art in Article 27. Artistic expression cannot be turned into a criminal charge simply because it is considered unorthodox, disturbing or unacceptable by certain groups. Such interventions against the artist are also a message to the entire art community and a deterrent tool directed to the entire society.
Breaking down a comedian's lines used in the same show; As an arrest ends, turning other words into the justification for a new arrest eliminates the function of judicial review that protects personal freedom.”
