The decision of the Penal Justice of the Peace in Ankara to eject one of Max Zirngast’s attorneys from criminal proceedings was once again confirmed. Tamer Doğan is going to appeal again.
On September 18th, a week after Max Zirngast’s detention, the 4th Penal Justice of the Peace in Ankara sent an order to attorney T. Doğan, which was received by him more than a week later. The senior prosecutor’s request for Tamer Doğan to be prohibited from performing his duties in the court because of an ongoing lawsuit in which he is accused of supporting the PKK is thereby granted. The decision is supposedly binding and valid for a year. The lawsuit in March 2016 was part of a detention wave against the left-wing Association of Lawyers for Freedom (ÖHD), members of which had defended their fellow attorneys who were on trial within the framework of the “KCK trials”. Tamer Doğan was among 30 other people, mostly attorneys, who were taken into custody and then released by the court in the first session.
Doğan has appealed the ban that was enacted on September 18th. Now the 5th Penal Judgeship of Peace in Ankara declined Doğan’s appeal after an “examination” of the senior prosecutor’s request for a ban to be imposed on him.
There is still the possibility of filing an appeal – this time to the constitutional court. If the latter rejects his appeal, Doğan says, he is going to file an appeal to the European Court of Human Rights. “They are not shy of breaking their own laws and pretending as though the decrees which were released during the state of emergency still have the force of law”, said Doğan to the solidarity campaign #FreeMaxZirngast. Doğan is prohibited from performing duties of advocacy and attorneyship of his clients despite their explicit request.
For some years, it has become the normal practice of the Turkish regime to remove and/or jail “disagreeable” lawyers for arbitrary reasons – as posited time and again by the Republican Attorneys’ Association in Germany, or the Swiss Democratic Lawyers. This constitutes a breach of the rights of Max Zirngast, and it is unacceptable. This is unacceptable and constitutes a violation of the Max Zirngast’s rights. We demand that Mr. Tamer Doğan’s appeal request be immediately granted so that he can fulfill his legal duties.
Notes:  For more details, see Alp Kayserilioğlu, Annina Mullis: „Politische Justiz in der Türkei. Eine Einordnung der KCK-Verfahren“, in: Forum Recht 4/16, Jg. 34, S. 137–141.