Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 17 facing criminal charges connected with their professional duties. The ICJ said it was "concerned that the independence and security of lawyers is under increasing threat in Turkey, with potentially serious consequences for the capacity of lawyers to play their proper role in the administra- tion of justice, and the protection of the rule of law and human rights in the justice system." The plight of Turkish lawyers became even worse following the July 2016 attempted coup in Turkey and the state of emergency subsequently imposed. In November 2016, the Turkish government suspended the activities of 370 non-gov- ernmental associations including three lawyers' associations with a human rights focus. In April, international observers estimated that 350 lawyers had been detained without charges and were being held in jail under very poor conditions. A further 900 lawyers were being actively prosecuted. And on it goes. In theory, the Turkish legal profes- sion looks much like the Canadian legal profession. There are several local, self- regulating bar associations. The Union of Turkish Bar Associations is a member of the International Bar Association and the European Bar Federation. Part of the TBA's official mandate is to strengthen and protect the rule of law and human rights. Lawyers wear gowns to court just like we do. That's the theory. As we see, the practice is quite different. In practice, the Turkish legal profession faces an authoritarian government determined to quell any dissent or opposition and deny Turkish lawyers their rightful role in protecting those unjustly pursued and condemned by the government. A Turkish lawyer faces a horrible dilemma. What to do? I think there are three choices. One is to blend into the background, refuse engagement, risk lit- tle or nothing. Who could blame some- one who followed this course? A second choice is to be "realistic," endorse the regime, embrace the government, keep the wheels of justice turning after a fash- ion and hope for official appointment and glory and perhaps better days. In my opinion, any lawyer who makes this choice betrays their profession. A third choice is to resist in any way you can, pri- vately and publicly — to be one of those lawyers who volunteered to help the demonstrators arrested in Gezi Park or who joined the June 12, 2013 demonstra- tion outside the Istanbul courthouse. A hard choice, indeed, a dangerous choice, but the honourable and right choice, the choice of a lawyer who believes in justice and is committed to the rule of law. Our colleagues in Turkey who make the hard choice should not stand alone. I began this column by noting that Cana- dian lawyers are sitting pretty. Why should we worry about what's happening to our colleagues in Turkey? Because it's the right thing to do. And because the price for not speaking out is immense. "Then they came for me — and there was no one left to speak for me." — Martin Niemöller Philip Slayton's latest book, How To Be Good: The Struggle Between Law and Eth- ics, will be published in October. Visit gpllm.law.utoronto.ca Questions? gpllm@utoronto.ca Apply today. ONE YEAR | PART-TIME | FOR LAWYERS AND BUSINESS LEADERS Master the Law. Canada's leading law school offers a graduate degree in four unique streams: Business Law Canadian Law in a Global Context Innovation, Law and Technology Law of Leadership ntitled-6 1 2017-07-12 1:19 PM

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