Tahir Elci, a prominent Kurdish human rights lawyer and then-president of the Diyarbakir Bar Association in south-east Turkiye, was killed at a press conference on 28 November 2015. His death could – and should – have been a turning point in securing respect for the rule of law and access to justice. Instead, we have seen even more lawyers being persecuted in Turkiye and on a worldwide basis for defending human rights. 

Tony Fisher

Tony Fisher

Source: Michael Cross

A decade after his death, no one has been held accountable. Justice – the very concept Tahir so passionately defended – has been denied to him, his family, friends and colleagues. I am one of those friends. 

On that fateful day, Tahir was speaking at a peace rally in Diyarbakir when police officers opened fire on two fleeing militia members of the Kurdish militant group PKK as they ran through the crowd, and he was fatally shot. The subsequent investigation and criminal prosecution were marred by severe delays and a lack of transparency and impartiality. There were serious flaws in the court proceedings, including key evidence and witnesses being lost or overlooked. In June 2024, the three police officers charged with his unlawful killing were acquitted.

Tahir spent his life defending human rights and equal access to justice for all, despite facing severe reprisals for his actions. In November 1993, Turkish authorities raided his office, seizing case files and evidence. Tahir was arrested and subjected to physical and psychological torture, including a mock execution. He was charged with possessing illegal written materials, but the case was suspended in February 1994. 

Ten years after Tahir’s death, lawyers in Turkiye are still being targeted for doing their job and standing up for people, their communities and justice almost daily. Tahir’s death shocked many in the legal community across the globe. He was not only a lawyer, he was a symbol of courage and integrity.

I had the pleasure of working with Tahir throughout my career. In the 1990s on a village destruction case Tahir had been working on when he was arrested, and on a Grand Chamber case challenging the 10% election threshold in Turkiye in 2007. He also regularly attended hearings in the cases of lawyers who had been prosecuted for doing their jobs in Turkiye, many of which I observed on behalf of the Law Society. 

Tahir Elci

Tahir Elci

The threshold case focused on the requirement that any political party has to hold 10% of the national vote before any member can take their seat in parliament. This prevented minorities from securing representation and access to justice. 

While working with Tahir, I was inspired daily by his independence, tenacity and immense respect for the profession and those who entered it. 

As a strong advocate for the rule of law and access to justice, Tahir believed in practical solutions. As president of the Diyarbakir bar, he arranged training courses for lawyers in the region so the community could easily access legal advice. 

Tahir’s case is not an isolated incident. Hundreds of lawyers have faced prosecution over the last decade. In December 2024 criminal proceedings were initiated against the leadership of the Istanbul Bar Association following statements they had made calling for an investigation into the deaths of two Kurdish journalists in Syria. As a result, in March of this year, the Istanbul Civil Court of First Instance ruled to remove the president and all board members of the Istanbul Bar Association from office. This action directly undermined their independence and the very foundations of justice.

Since this decision, police have arrested several lawyers protesting outside the courthouse, as well as others who have been defending demonstrators. 

We will continue to urge the government of Turkiye to ensure that Tahir and his family receive the justice they deserve.   

Ramazan Demir is a lawyer from Turkiye’s next generation of human rights defenders. He describes Tahir as an inspiration, a lawyer and a teacher who had led the field in human rights law and allowed lawyers like Ramazan to follow in his path. 

Tahir was part of the Kurdish minority in Turkiye that has faced systematic discrimination and has had its access to justice stripped away. 

He strongly believed that he could make a difference. I like to think that he didn’t fail but that his death can serve as an inspiration to all of us to keep trying. 

Tahir’s story is one of the most potent examples of a lawyer’s fearless dedication to do exactly what he needed to do to secure the fundamental rights and freedoms of others. He held a strong national and international reputation as a respected lawyer, who made the ultimate sacrifice for all of us, not just for his community. 

Carrying on with the fight is a tribute to him and his work. 

 

Tony Fisher is chair of the Law Society’s Human Rights Committee