Bahçeşehir Üniversitesi Hukuk Fakültesi tarafindan düzenlenen “Adalet Sistemi İçerisinde Baroların Rolü Ve Sınır Ötesi Suçlar” konulu uluslararası panel 27-28 Eylül 2011 tarihlerinde İstanbul'da yapıldı. Panele konuşmacı olarak; İran Barolar Birliği Başkanı, İran Merkez Barosu Başkanı, Amerikan Barolar Birliği önceki Başkanı, Burgaz/Bulgaristan Barosu Başkanı, Selanik Barosu önceki Başkanı, Horasan/İran Barosu Başkanı, Batı Azerbeycan Barosu Başkanı, Doğu Azerbeycan Barosu Başkanı,İzmir, Zonguldak, Çanakkale, İstanbul, Antalya, Giresun, Hatay, Mersin, Elazığ, Manisa, Kocaeli, Denizli Baro Başkanları, İzmir, Hatay ve Edirne Barosu Avukatları, yerli ve yabancı akademisyenler katıldılar. Türkiye Barolar Birliği Başkanı Av.V.Ahsen Coşar'ın, panelde İngilizce olarak yaptığı açış konuşması aşağıdadır; Dear Dean,
Dear Presidents of Bar Associations,
Dear Colleagues,
Dear Guests, For me, it is a good opportunity and honor to address you. So, I am very grateful to the directors of Bahçeşehir University. In addition, I would like to thank to the directors of Bahçeşehir University for their kindly invitation and for the organization of this meeting.
Hereby I present you my personal and Turkish advocates’ good wishes.
Dear Colleagues,
"The first thing we do," said the character namely Dick the Butcher in Shakespeare's Henry VI, is "kill all the lawyers."
Of course, Shakespeare's character’s tirade is an irony and there is a little awareness beyond that. This gap in knowledge has inspired a myth of correction, where it is explained that this is line really intended as a praise of the lawyer's role. Contrary to popular belief, one of the critic put it that the proposal was not designed to restore sanity to commercial life. Rather, it was intended to eliminate those who might stand in the way of a contemplated revolution, thus underscoring the important role that lawyers can play in society.
Indeed, all societies have learned by reasons and by experiences that they need law and lawyers. Without a lawyer, a legal system, or a judicial system can’t work fairly and democratically. So, a lawyer, or defense is the essential and founder element of a fair trial. Hence, in all civilized and democratic countries both lawyers and their professional organizations, namely bar associations are at work.
Dear Colleagues,
One of the most significant features of the twentieth and the twenty first-centuries is that politics has been the growing importance of international organizations. These are organizations that are transnational in that they exercise jurisdiction not within a single state, but within an international area comprising several states.
In this context, bar associations are playing an active role in the betterment of both national and global society and put more energy access to justice. We, the bar associations believe that justice is the first virtue of social institution, as the truth is of the systems of thought.
Dear Colleagues,
In practice we have some troubles on the implementation of the judicial process but Turkish present constitution recognizes all the basic rights and freedoms, including equality before law, right to an effective remedy, right to a fair trial, right of defense. Besides, Turkish Advocacy Law orders that defending the supremacy of law and human rights are the main duties and responsibilities of the Bar Associations and of the lawyers. So, all of the Turkish Bar Associations and Turkish lawyers are interesting and focusing on these issues.
Bar Associations and lawyers are also focusing and interesting with the legal aid services. In this context, legal aid services for the poor are now found nearly in all provinces. These services are funded by government and handled by the Bar Associations. Although criminal defendants are legally entitled to be represented by a lawyer, those who are appointed by bar associations. This system is also funded by the government.
Dear Colleagues,
The crucial question is that what is necessary for a fair trial? There are many principles, but the first and most important principle is that the judges should be absolutely independent of the government. The English tradition of an independent judiciary is not the result of any political theory. We have learnt it by hard experience and by trial and error. On the other hand, independence of the Bar Associations and the defense is as important as the independence of the judges. Otherwise fair trial can’t be realized and the democratic course of justice is impeded.
The Union of Turkish Bar Associations and all of the Bar Associations and the lawyers in Türkiye are very sensitive and careful on the independence of the Bar Associations and of the defense. We demand and claim that the Bar Associations and the chair of defense should be regulated in the Constitution in the part of judiciary.
Dear Colleagues,
“International Standarts for Independence of Lawyers and Bar Associations”, “The Role of Bar Association in a Global Society”, “Creation of Transnational Forum on the Role of Bar Associations in the Legal Profession”, “UN Convention on Transnational Organize Crime”, “Transborder Criminality”, “Human Trafficking and Immigrant Trade Issues”, “Joint Approaches to Border Security and Prevention of Related Crimes” are the discussions of this panel. Actually, all these subjects are very important and common issues for all of us.
I believe and hope that this panel will be very useful and fruitful for all participants.
Thank you very much for your attention.
V.Ahsen Coşar
Attorney at Law
President of Union of Turkish Bar Associations
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