Cyprus Turkish bar association chairman Hasan Esendagli late on Wednesday night visited Murat Metin Hakki, the lawyer of the five Greek Cypriots who were arrested in the north, who was himself arrested on Wednesday, at his holding cell at the Trikomo police station.
Speaking after the meeting, he said he expects Hakki to be released on bail when he appears in court on Thursday morning, though he was still undergoing interrogation into the night.
“The matter concerns our colleague’s professional research and investigations regarding his Greek Cypriot clients. The starting point is the same issue as that of the five Greek Cypriots who are currently being tried,” he said.
He said the accusation Hakki faces, therefore, “is related to the illegal use or violation of personal data”.
“The police allege that our colleague was also involved in the flow of information regarding this accusation. The police have requested an explanation from our colleague regarding the extensive emails and correspondence related to this investigation,” he said.
He added that at present, “it would not be appropriate to go into too much detail” regarding the accusations Hakki faces, but stressed that “the important point for us is that, one way or another, our colleague has been treated as a criminal for practicing his profession”.
With this in mind, he said that arrests and search warrants carried out against lawyers can violate attorney-client privilege, adding that “this can have very problematic consequences, as the police can access a great deal of confidential information held by the lawyer”.
“We believe that the search or seizure of a lawyer’s office or of his electronic devices should be taken very seriously, and that when issuing these orders, the courts, judges, should make assessments, and that this should only be resorted to if absolutely necessary,” he said.
He added that as such, “we will definitely seek an explanation or make applications regarding this after our colleague is released”.
On Hakki’s case in particular, he pointed out that the information regarding property in the north which may or may not be found in his office or in email correspondence to and from him would likely arise from “services provided in connection with the Immovable Property Commission [IPC]”.
Hakki frequently takes on cases related to the IPC, which was set up in the north in 2005 to handle claims for compensation, restitution of Greek Cypriot-owned property in the north and land exchanges, filed by Greek Cypriots who fled the north after 1974 and their descendants.
“The arrest of a lawyer for one reason or another stemming from services provided related to these IPC applications, applications to the IPC at a time when Greek Cypriots are already being prosecuted, are issues which have the potential to seriously undermine the benefits we, as Turkish Cypriots and the Republic of Turkey, expect to gain from Greek Cypriots applying to the IPC,” Esendagli said.
He added that therefore, “the public interest here must be weighed very seriously in both senses”.
Hakki had been arrested upon his arrival at the north’s Ercan (Tymbou) airport on Wednesday. He has been representing the Greek Cypriots in their case at the IPC.
The Greek Cypriots face two cases, one of which is being held regarding charges of privacy violations, trespassing, and breaching the peace, which is being heard at a civilian court in Trikomo.
That trial is set to continue on Friday.
Their other trial, wherein one of the five Greek Cypriots has been charged with illegally entering the north, while the other four stand accused of aiding and abetting the illegal entry, is being held at a military court in northern Nicosia.
On Wednesday, that trial was adjourned for a week due to the ill health of one of the five defendants.
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