April 5th Lawyers’ Day is more than just a professional celebration in Turkey; it is a profound reminder of the rule of law and the balanced functioning of justice. As one of the fundamental pillars of the justice system, the defense office plays a key role in protecting democracy and ensuring that the individual feels secure against the state. This history, which began with the first general assembly of the Istanbul Bar Association on April 5, 1878, gained meaning during the establishment of the Union of Turkish Bar Associations in 1958 and has taken its place in the institutional memory of lawyers as Lawyers’ Day. This day offers a beautiful opportunity to emphasize the universal value of the right to defense.
Criminal proceedings are established upon a classic triple structure: prosecution, defense, and judgment. When any of these pillars weakens, the entire system is shaken. In an environment where the defense is not effective, the trial turns into a one-sided process where the prosecution gains weight; the impartiality of the judge becomes difficult, and the decisions rendered wound the sense of justice. Just as it is difficult to imagine a trial without a lawyer, it is equally impossible to think of a trial without a prosecutor. It is possible to see the reflections of this in real life: the absence of a lawyer in a hearing leaves procedural errors, evidence discussions, and arguments in favor of the defendant incomplete. Consequently, both the presumption of innocence is damaged and the state loses time and resources with retrials. Experience shows that in cases where the defense office is sidelined, wrongful convictions increase, trust in the judiciary erodes, and the bond between society and the state weakens. However, defense is not calling out to the defendant saying “you committed a crime”; it is meticulously protecting the principle of “beraat-i zimmet asıldır,” that is, that innocence is essential, until the verdict becomes final. Indeed, the author of these lines has objected to defendants being tried without a lawyer in every hearing; eventually, the high court clearly emphasized the necessity of having a lawyer in the trial, overturned the judgment, and sent the file back to the first instance court for a retrial. As in this example, the absence of the defense office imposed serious costs on the state in terms of procedural economy; the trust in justice of those who should have been protected by the presumption of innocence was severely shaken due to grievances lasting for years. Such situations lead to effects that escalate tension between the state and society in the long run and weaken faith in the rule of law.
Academic studies on this subject point in the same direction. Strengthening the right to defense ensures that justice functions both faster and more fairly. In the USA, the 1963 Gideon v. Wainwright decision made it mandatory to appoint a lawyer by the state even for defendants with insufficient financial means, and this principle spread to all states. In Europe, the tradition of “ad vocare” (calling for help), which traces its roots back to the Roman period, has evolved over time into legal aid mechanisms. Especially with Article 6 of the European Convention on Human Rights, defense has become an indispensable element within the framework of the right to a fair trial. ECHR jurisprudence evaluates the prevention of access to a defense lawyer, the violation of the confidentiality of meetings, or pressures not only as an individual violation but as a structural threat to the functioning of democracy. The defense office here functions as a safety valve protecting the rule of law beyond being an individual actor.
International human rights documents also clarify this picture. Article 14 of the United Nations International Covenant on Civil and Political Rights guarantees everyone under criminal accusation the right to defend themselves and to benefit from the assistance of a lawyer. Article 6 of the European Convention on Human Rights is even more concrete: the defendant does not only demand that their case be heard within a reasonable time before an independent and impartial court; they also have the right to defend themselves in person or through the effective assistance of a counsel of their choice. What is important is not only that the lawyer has been appointed, but that they can perform their duties truly effectively. These documents position the right to defense as a shield against human dignity, personal liberty, and arbitrary practices. States cannot ignore this universal standard while establishing their criminal justice systems.
When viewed at the constitutional level, we see that the right to defense is included in the basic legal text of almost every country. Article 36 of the Constitution of the Republic of Turkey clearly states that everyone has the right to litigation as plaintiff or defendant and the right to a fair trial before the judiciary through legitimate means; other provisions such as Article 19 emphasize counsel assistance in the context of personal liberty. Comparatively, the 6th Amendment of the US Constitution makes it mandatory to appoint a lawyer for poor defendants. Similar guarantees are included in the constitutions of Germany, France, Japan, and India: such as the defendant having sufficient time and facilities, being able to meet with a lawyer, and being protected against forced confession. Although there is no written constitution in England, the Human Rights Act protects these principles with constitutional quality. In short, the right to defense is a common heritage that transcends different legal traditions.
However, constitutional guarantee alone is not enough; for the right to be practiced de facto, it is essential that lawyers can work independently, without pressure, and effectively. Pressures on the defense office – office searches, threats of investigation by being associated with the client, obstacles to access the file, or violation of the confidentiality of meetings – damage not only a single file but the entirety of the rule of law. In Turkey, the stories of lawyers who suffered injustices or even lost their lives due to their profession are unfortunately known. Yet, a lawyer is an indispensable figure for the functioning of law, beyond being a legal representative seeking someone else’s rights. On the other hand, in systems where the right to defense is strengthened, legal aid works effectively, and the autonomy of bar associations is protected, trust in the judiciary increases and the state-society relationship rests on firmer foundations. Defense is a concrete response to society’s expectation of justice.
When all these come together, it emerges that the defense office is not just a procedural element in modern law, but the fundamental stone of the architecture of justice. Academic data, international documents, and constitutional regulations all point to the same point: when the defense weakens, the presumption of innocence is shaken, the rule of law loses its meaning in practice, and democracy is damaged. Lawyers in Turkey are an important professional group carrying the founding values of the Republic, the freedom to seek rights, and the principle of a fair trial on their shoulders. Defense is a balance mechanism that protects the individual against the state while simultaneously keeping the legitimacy of the state within the boundaries of the law.
On April 5th Lawyers’ Day, I sincerely think that further strengthening this vital role will contribute to the ideal of the rule of law. I congratulate my colleagues and all lawyers around the world on this special day, and I sincerely salute their struggle to protect the right to defense and the rule of law. Justice continues to be our common hope and responsibility.
