Ercan Kanar, a prominent lawyer in Turkey, has criticised the appointment of trustees to local Kurdish administrations in place of elected officials, asserting that such actions only occur in colonial and oppressive regimes. “This is an administrative method used by the regimes of oppressive nations. It is despotism over the will of the Kurdish people,” Kanar stated in an interview with Fırat News Agency (ANF) on Sunday.
Ercan Kanar is a seasoned lawyer and a dedicated human rights advocate with a rich history of activism and legal expertise. His journey began with a challenging experience during the military coup of 12 March coup 1971, when he spent 8-9 months in prison. Following his release, he pursued a law degree, during which he was actively involved in trade union activities.
In the mid-1970s, Kanar co-founded the magazine “Özgürlük için Direniş” (Resistance for Freedom). After graduating in law, he became a prominent defence lawyer in martial law courts, representing individuals in politically charged cases.
Kanar has been deeply involved with and an active participant in Turkey’s independent Human Rights Association (İHD). He served as Deputy Chair of the association from 1992 to 1996 and Chair of the Istanbul branch from 1990 to 1998. His contributions to human rights discourse extend to journalism, having written columns for the Birikim magazine and the Gündem newspaper. He published the “İnsan Hakları Yazıları” (Human Rights Writings) and “Hümanite” magazines.
Kanar has also taught at the Özgür Üniversite (Free University, a citizen-run education system), sharing his extensive knowledge and experience with students. He is also one of the founding members of the pro-Kurdish People’s Democratic Party (HDP), continuing his lifelong commitment to justice and human rights.
Protests have been growing in Hakkari (Colemêrg) after the government seized control of the municipality, disregarding the will of the local (mainly Kurdish) electorate. Thousands gathered at a rally, declaring, “No place for the trustee regime! We will destroy the trustee regime,” as justice vigils continued across the country.
Speaking to ANF, Kanar noted that appointing trustees in this manner is a practice seen only in assimilationist and oppressive regimes. “The appointment of trustees by a central authority to local administrations is a method applied in colonial regimes. This is despotism over the will of the Kurdish people,” he said.
Kanar explained the legal framework around the ‘trustees’, noting that while the Civil Procedure Code allows for trustee appointments, they are not meant to be applied in the way they are now. “The term ‘kayyum’ [trustee] comes from Arabic, meaning either a representative or an administrative trustee. A representative trustee manages the affairs of individuals, such as children or the mentally ill. An administrative trustee is appointed in cases of money laundering, drug trafficking, arms smuggling and similar crimes. But there is a lot here that is not right. The permanent removal of an elected official can only happen through a judicial decision. But the Interior Minister permanently dismissed the elected Hakkari Mayor Mehmet Sıddık Akış, without following proper procedures,” he explained.
Noting that at the time of his dismissal Akış’s conviction had not been finalised, Kanar pointed out that following his sentencing followed his removal at supersonic speed. “These actions even trample on bourgeois law. The appointment of ‘trustees’ by a central authority to local administrations happens only in assimilationist, oppressive and colonial regimes,” he said.
Kanar further criticised the legal system under the ruling Justice and Development Party (AKP), stating that the government has expanded the scope of enemy combatant laws, particularly against Kurds and leftists. “During the AKP era, the law of war against the enemy has been broadened. Carl Schmitt, Nazi Germany’s chief lawyer, propounded a theory suggesting that a state needs to continuously create enemies in order to sustain itself, applying enemy criminal law rather than civilian law to dissidents. The rules of presumption of innocence and double jeopardy are ignored. This enemy law has been adopted and made still more severe under AKP rule,” Kanar remarked.
Kanar warned against the spread of these undemocratic practices and urged collective opposition. “Not just Kurds, but all of society must oppose this usurpation of the will of the people. Otherwise, this unlawfulness will spread further. Some bar associations have remained silent on this issue. Twenty-eight bar presidents issued a joint statement criticising this practice, but there are nearly 90 bar associations in Turkey. All of them should have signed it. The Istanbul Bar Association, for example, did not sign, instead they made a separate statement. Unions, the Turkish Medical Association and all civil society organisations need to criticise this unlawfulness, or it will become the norm,” he warned.
Kanar also compared the current judicial environment to past oppressive regimes in Turkey, noting that the current AKP judiciary is even more repressive than the military courts of the military coup of 12 September 1980. “During the 12 September military regime, there were still [working] criteria. Now, everyone who opposes the AKP faces charges without evidence. When the AKP came to power, the prison population was around 49,000; now, it is approximately 330,000,” he noted.
Emphasising the need for resistance, Kanar concluded, “We must stand collectively against these injustices. As the saying goes, ‘Silence only invites further oppression’.”
Protests continue to grow in response to the appointment of trustees in Hakkari, a Kurdish-majority southeastern province, as legal experts and activists denounce the government’s actions as undemocratic and repressive.
