ELCI AND OTHERS v. TURKEY JUDGMENT
87
h) The United Nations Statement of the Basic Principles on the Role of
Lawyers, adopted by consensus by the Eighth United Nations Congress on
the Prevention of Crime and the Treatment of Offenders on 7 September
1990
564. The applicants referred to several of the basic principles set out in
this Statement:
- that lawyers, in protecting their clients' rights, shall seek to uphold
human rights, should be able to act freely and diligently, in accordance
with the law and professional ethics;
- that Governments should ensure that lawyers may exercise their
profession without hindrance, intimidation or sanction;
- that lawyers should not be identified with the clients they defend;
- that lawyers should enjoy civil and criminal immunity for all
statements they make in good faith; and
- that the lawyer/client relationship, correspondence and consultation
should be confidential.
i) Report on the arrest of defence lawyers in Turkey by Jon Rud for the
Norwegian Bar Association (26 April to 1 May 1994)
565. Mr Rud was looking into the allegations in the present case. In a
meeting with the Chief State Security Court Prosecutor, Bekir Selçuk, he
reported the latter as saying that he was aware of the applicants' complaints
of torture, which had not been submitted to the proper authorities and were a
classic defence tactic. When apparently asked why complaints to the
European Commission of Human Rights featured in the indictment against
the applicants, Mr Selçuk replied that the right of appeal to the Commission
had been abused, which was an offence under Turkish law, being
propaganda directed against the State, belittling Turkey. The lawyers had
not exhausted domestic remedies and were making false allegations.
Lawyers should examine their clients' cases more carefully before
submitting unwarranted claims simply on the clients' instructions.
j) Amnesty International Urgent Action Communiqués, dated 19 and 24
November 1993, 9 and 17 December 1993 and 25 January 1994
566. The communiqués referred to the applicants' arrest and detention as
they evolved. That of 17 December 1993 recorded the allegations of Meral
Daniş Beştaş of having been tortured whilst in the custody of the
gendarmerie. That of 25 January 1994 recorded the similar allegations of
Tahir Elçi and Sabahattin Acar.