📩 27/02/2023 13:55
Union of Turkish Bar Associations (TBB) 50th Meeting of Bar Association Presidents, TBB administration, Mersin Bar Association President Atty. It was held in Ankara with the participation of the bar association presidents of 81 provinces together with Gazi Özdemir. In the final declaration of the meeting, in which the support activities for the earthquake victims' lawyers and citizens were on the agenda; “We will follow up the effective investigation and execution of judicial and administrative proceedings regarding deaths, injuries and material losses resulting from all kinds of negligence in the process. Claims of violation of rights will be dealt with with full determination.” it was said.
Union of Turkish Bar Associations Atty. Within the scope of the agenda items of the Bar Association Presidents Meeting held in Özdemir Özok Conference Hall; The problems experienced by the citizens and the assistance to be provided were discussed with the lawyers who were affected by the earthquake disaster. In the final declaration of the meeting; It was stated that they expect the solutions proposed by the TBB and bar associations to support the lawyers affected by the earthquake, to be implemented immediately by the Ministry of Justice and other relevant ministries and institutions.
The following statements were included in the final declaration of the Meeting of Bar Association Presidents, signed by the Union of Turkish Bar Associations and the bar associations of 81 provinces:
“As the Union of Turkish Bar Associations and the undersigned Bar Associations, we once again express our condolences to our country, to our 116 colleagues whose loss we feel deeply, and to our 45 thousand citizens who lost their lives according to official figures, healing to the injured and our country. As a requirement of our responsibility to our country and nation, we are fully determined to bring all those responsible, including the highest-level ones, to account before the judiciary, as a result of an effective investigation and prosecution process, especially the complete collection of evidence, in the fight against impunity.
We will follow up the execution of effective trials regarding all kinds of negligence.
Hundreds of our volunteer colleagues in the earthquake zone are working to collect evidence, make determinations and ensure justice, and continue to defend the rights of our citizens with the awareness that conducting an effective investigation process is the most important element of the trial. Within the scope of the fight against impunity, we will follow up the effective investigation and execution of judicial and administrative proceedings regarding deaths, injuries and material losses as a result of all kinds of negligence in the process.
The Ministry of Justice and other relevant ministries and institutions are expected to urgently implement the solutions proposed by the UMT and Bar Associations to support lawyers affected by the earthquake.
In this context; Our colleagues affected by the earthquake; accumulated legal aid payments must be paid as soon as possible. For this reason, our request for additional allowance required for the payment of accumulated wages, which we have mentioned many times before, must be met immediately.
*Assuming that the citizens affected by the earthquake will apply for legal aid in serious numbers, our proposals regarding the creation of a separate legal aid budget for the earthquake region and the implementation of the legal advice to be implemented in accordance with the Law No. 4539, including the attorney's fee, should be put on the agenda.
*The counter attorney's fees that our colleagues are entitled to receive from public institutions must be paid without delay.
*Co-workers in the earthquake zone, Bağ-Kur and SGK premium debts and penalties should be deleted without prejudice to their social rights, and they should be exempted from paying premiums for 3 years from the date they start working.
*All kinds of tax debts and penalties of our colleagues in this situation should be deleted and they should be exempted from paying taxes for 3 years from the date they start working.
* Arrangements should be made for lawyer trainees, including those transferred to other bar associations, to be paid monthly for 3 years during their internship.
*Work should be carried out to enable our colleagues in the earthquake-affected provinces to be employed as lawyers in the public sector;
*The restrictions on the bank accounts of the colleagues affected by the earthquake due to their previous accumulated public debts should be lifted in order to ensure that they can reach the cash aids to be given to them.
“A budget study will be carried out to support disasters”
Also in the final declaration; In order to be prepared for possible disasters in the future, it was stated that within the scope of TBB formations such as SYDF and TÜRAVAK, long-term and disaster-exclusive budget work will be carried out by the TBB, and “The first stage provided to our colleagues affected by the earthquake, within the framework of the possibilities of the TBB Social Assistance and Solidarity Fund (SYDF). After the support, joint campaigns, including live broadcasts, will be carried out as TBB and Bar Associations for longer-term cash and in-kind aids. In addition, in order to increase the revenues of the SYDF, the TBB will carry out a law amendment so that an increase in the proxy stamps, which will be valid until the end of 2023, only for the use of our Bar Associations and colleagues in the earthquake zone, and will follow the process by sharing it with the Ministry of Justice and the Turkish Grand National Assembly. it was said.
No colleague will be left alone, no citizen will be defenseless.
In the statement, it was stated that legal and scientific studies will be carried out in cooperation with the Union of Chambers of Turkish Engineers and Architects (TMMOB), “The TBB Earthquake Coordination Center will support our bar associations and lawyers who will take part in the legal and administrative judicial stages with the Earthquake Law Commission, which will be formed with the participation of our expert colleagues in the field. will carry out activities at every stage of the legal process and none of our colleagues will be left alone, and no citizen will be defenseless.
The process experienced as of February 6, 2023, with the support of the Earthquake Coordination Board we established with TMMOB, will be reported in all aspects and transferred to our collective memory, and it will contribute to the formation of experience and knowledge that will prevent the same suffering in future disasters. In particular, special studies will be carried out for our threatened and threatened regions under the guidance of science, and disaster planning and elimination of problems arising from the legal infrastructure regarding urban transformation will be carried out immediately.
Exclusive legal regulations are needed to be implemented in disasters
In the final declaration, it was stated that there was a need for exclusive legal regulations to be implemented in disasters, and said, “The confusion experienced from the first day on judicial periods has reached a level that damages the confidence of citizens and lawyers in justice. In order to prevent similar situations from happening again, legal studies will be carried out to regulate the legal and penal mechanisms that will be directly implemented in times of disaster, and we will be persistently followed for its enactment.
Claims of violation of rights will be dealt with with full determination.
By abusing the earthquake disaster that once again revealed the unique sense of solidarity and unity of our people; The Union of Turkish Bar Associations and Bar Associations will not give way, and every precaution will be taken to prevent our citizens from being victimized against opportunists who try to implement exorbitant price policies and those who try to collect power of attorney under the name of damage consultancy or other names in violation of the Attorneyship Law. We underline once again that the Union of Turkish Bar Associations and bar associations are in full consensus on the fight against various rights violations and unlawfulness after the earthquake. The allegations of rights violations reflected from the field, especially vulnerable groups such as children and women, will be dealt with with full determination.