Istanbul Bar Association Reacts to 'AI-Drafted Petitions' Application

The Istanbul Bar Association has issued a strong statement condemning the Ministry of Justice's recent initiatives, which they argue represent a dangerous politicization of the judiciary. The Ministry's announcement of new departments tailored to specific crimes like drug trafficking and terrorism, followed swiftly by the Justice Minister's promotion of an AI-driven platform for citizens to draft legal petitions without legal counsel, has drawn sharp criticism.

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Judicial activities cannot be carried out by the ministry.

The Bar Association asserts that the authority to provide legal opinions, file lawsuits, and manage judicial processes is exclusively granted to lawyers registered with the bar under the Lawyers' Act. They emphasize that any provision of these services by the Ministry or other entities is illegal. Furthermore, they contend that AI-assisted legal help for individuals without legal expertise cannot offer competent defense and will inevitably harm citizens' legal rights and interests.

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The authority to provide legal opinions, file lawsuits, follow judicial proceedings, and prepare all related documents is exclusively vested in lawyers registered with the bar under the Lawyers' Act. It is prohibited by law for these services to be provided by the Ministry of Justice or by any other person or institution.

Instead of seeking to replace lawyers with AI for those unable to afford legal representation, the Association proposes expanding legal aid and mandatory counsel services as a means to increase access to justice, in line with the principles of a social welfare state. They highlight that trials without legal representation constitute a clear violation of the right to a fair trial, citing international precedents that stress the importance of qualified legal support, not just free legal aid.

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The quality of assistance provided to non-lawyers with the support of artificial intelligence cannot possibly offer a qualified defense service, and it is clear that it will harm citizens' legal rights and interests.

The Association views the Ministry's move to establish specialized crime departments and offer legal services as a clear sign of the 'politicization of the judiciary' evolving into the 'judicialization of politics.' This, they argue, demonstrates the Ministry increasingly seeing itself as a judicial body, operating under the influence of political power and undermining the principle of separation of powers by consolidating policy-making, legislative influence, and judicial process control within a single executive authority. The Istanbul Bar Association vows to continue its efforts to protect the freedom and independence of legal defense.

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The solution for citizens who cannot afford legal services is not to try to replace the lawyer with artificial intelligence, but to expand the scope and capacity of Legal Aid and CMK applications, as required by a social welfare state, to increase access to legal services.