Disbarment for Membership in an Armed Terrorist Organization
A disbarment penalty was imposed on a lawyer who had a finalized conviction for the offense of membership in an armed terrorist organization.
Summary
The lawyer complained of received a prison sentence for the offense of being a member of an armed terrorist organization, and this decision became final following an appeal examination. Pursuant to Article 5/1-a of the Legal Profession Act, the Bar Disciplinary Board ruled for the lawyer's disbarment on the grounds that the finalized conviction constituted an impediment to the legal profession. The TBB Disciplinary Board affirmed the bar's decision, evaluating that the disciplinary prosecution and the penalty imposed were in accordance with the law. Furthermore, due to statutory necessity, an interim prohibition from practice decision was issued against the lawyer complained of.
The Facts
It was reported that the lawyer complained of was involved in the structure of the FETÖ/PDY armed terrorist organization, participated in organizational activities, and was sentenced to imprisonment for the offense of being a member of an armed terrorist organization by the Assize Court due to these actions, and upon the decision becoming final after appeal, the disciplinary process was initiated by the bar.
Assessment
The proven action of the respondent falls within the scope of offenses listed in Article 5/1-a of the Legal Profession Act, which prevent admission to the legal profession. In the presence of a finalized conviction, it is a legal requirement for the disciplinary board to apply the disbarment sanction. Claims regarding fair trial and Constitutional rights asserted in the objection do not alter the mandatory provisions of disciplinary law in the face of a finalized criminal verdict.
Rules Violated
- Attorneys' Act (No. 1136) 5/1-a
- Attorneys' Act (No. 1136) 154/1
Key Terms
- Meslekten Çıkarma
- The strike-off of a lawyer from the bar roll and their permanent disqualification from practicing law due to the occurrence of situations incompatible with professional dignity or constituting an impediment to entry into the profession.
- Tedbiren İşten Yasaklama
- Preventing a lawyer who ought to be disbarred or who has a fault in their professional activity from carrying out their professional activities until the disciplinary investigation or the verdict becomes final.
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Outcome
It was decided to reject the objection of the respondent, affirm the disbarment decision, and impose an interim prohibition from practice.