The true measure of justice in a country is not the length of its constitutional texts.
\nIt is not the grandeur of high court buildings.
\nIt is not fancy sentences read from pulpits.<\/p>\n
The true measure of justice is this:
\nWhen a person is deprived of his or her liberty, is there really a compelling legal justification or not?<\/p>\n
What is being hotly debated in public today, unfortunately, does not address this fundamental question.<\/p>\n
We are discussing a sentence again.
\nWe are stuck on a word again.
\nAgain, we are being distracted by the simplicity of \u201cdid he say this or did he mean that\u201d.<\/p>\n
However, the real question remains in all its nakedness:<\/p>\n
Why is Enver Aysever under arrest?<\/p>\n
On what felony charge?
\nWith what concrete and indisputable evidence?
\nOn suspicion of what?
\nBy what compelling legal necessity?<\/p>\n
Every discussion without answering these questions means moving further away from the essence of the law and further eviscerating justice.<\/p>\n
Because arrest is not a punishment in our law.
\nArrest is not a method of retribution.
\nArrest is not a means of appeasing public anger.<\/p>\n
The Criminal Procedure Code is very clear:<\/p>\n
Arrest is an exceptional measure.
\nIt is a last resort.
\nIt cannot be applied for unless it is mandatory.
\nAnd it can never become a punishment.<\/p>\n
If there is no suspicion of flight, if the evidence is gathered, if there is an accusation that cannot be sustained, detention is no longer a legal measure, but an act against freedom.<\/p>\n
This is exactly what we are experiencing today.<\/p>\n
A person's life is suspended.
\nHis family, his job, his reputation, his future are pushed into uncertainty.
\nBut we still speak in tabloid language.<\/p>\n
This is not a lack of knowledge.
\nThis is not a distraction.
\nThis is a conscious escape.<\/p>\n
Because it is easy to discuss words.
\nBut defending freedom comes at a price.<\/p>\n
Because criticizing a sentence is risk-free.
\nBut it takes courage to challenge an unlawful arrest.<\/p>\n
And the day societies stop defending freedom, they gradually lose justice.<\/p>\n
There is one fact that should not be forgotten:<\/p>\n
Today Enver Aysever.
\nTomorrow someone else.
\nThen someone else's relative.
\nThen a journalist.
\nThen an academic.
\nThen an ordinary citizen.<\/p>\n
Lawlessness sucks in not only those who are targeted but also those who watch.<\/p>\n
In a country where people can be detained for months on an unsubstantiated charge, the issue is no longer a single case.<\/p>\n
There is the issue;<\/p>\n
It is the trivialization of freedom.
\nIt is the habitualization of law.
\nAnd the most dangerous thing is that society slowly gets used to it.<\/p>\n
Because when society gets used to it, lawlessness becomes permanent.<\/p>\n
I am writing this article not only as a lawyer for a client.<\/p>\n
I am writing this article as a jurist who believes that the law still has honor, and as a citizen who knows that everyone could face the same fate tomorrow.<\/p>\n
This is not a matter of words.
\nThis is not a matter of one person.<\/p>\n
It is a question of how secure freedom is in a country.<\/p>\n
And the answer to this question concerns not only Enver Aysever, but all of us.<\/p>\n
Attorney Dr. Mikayil Dilbaz<\/strong> I am writing this article not only as a lawyer for a client.<\/p>","protected":false},"author":7,"featured_media":281833,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[286],"tags":[15,291,289,288],"class_list":{"0":"post-281832","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-yazarlar","8":"tag-chp","9":"tag-ekrem-imamoglu","10":"tag-manset","11":"tag-ozgur-ozel"},"_links":{"self":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/281832","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/comments?post=281832"}],"version-history":[{"count":1,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/281832\/revisions"}],"predecessor-version":[{"id":281834,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/281832\/revisions\/281834"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media\/281833"}],"wp:attachment":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media?parent=281832"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/categories?post=281832"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/tags?post=281832"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nAttorney for Enver Aysever<\/strong><\/p>","protected":false},"excerpt":{"rendered":"