Dissenting opinion to death fasting lawyers' imprisonment: 'Judicial control could be applied'

A member of the İstanbul 37th Heavy Penal Court, which rejected the objection to the arrest of Timtik and Ünsal, attached a dissenting opinion to the verdict stating that judicial control measures would be "more proportional".

Ayça Söylemez

Dissenting opinion to death fasting lawyers' imprisonment: 'Judicial control could be applied'

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Judge Erol Güngör, a member of the İstanbul 37th Heavy Penal Court, attached a dissenting opinion to the court's judgment rejecting the appeal against the arrest of death fasting lawyers Ebru Timtik and Aytaç Ünsal.

"Taking into account the Forensic Medicine Institution [ATK) reports on the health condition of the defendants who appealed, considering that the release of the defendants by applying judicial control provisions would be more proportional than the continuation of arrest ... I oppose the majority opinion," the judge stated.

The lawyers were not released despite the ATK report that "it was not suitable for them to stay in prison."

İstanbul 37th Heavy Penal Court yesterday (August 4) rejected the objection to the lawyers' arrest, stating that the verdict of the continuation of arrest "was in accordance with the proceedings and the law and there was no issue to be corrected."

An objection to this verdict has been submitted to the İstanbul 38th Heavy Penal Court.

The lawyers were hospitalized on July 31 although they stated that they wouldn't accept medical intervention. Timtik is at Dr. Sadi Konuk Training and Research Hospital in Bakırköy district and Ünsal is at Kanuni Sultan Süleyman Training and Research Hospital in Küçükçekmece district.

Also, attorneys of the death fasting lawyers also submitted an appeal to the Court of Cassation, which has yet to be answered.

What happened?

Announcing its verdict in the lawsuit filed against ÇHD lawyers on March 20, the court ruled that the lawyers should be sentenced to 3 years, 1 month, 15 days to 18 years, 9 months in prison.

The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected the objections and sent the file to the Court of Cassation.

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The Chief Public Prosecutor's Office of the Court of Cassation expressed the opinion that the prison sentences of all lawyers, except for the one given to lawyer Barkın Timtik, be upheld.

The letter of notification only indicated that the prison sentence of 18 years, 9 months given to Barkın Timtik for "establishing and leading an organization" as per the Article 314/1 of the Turkish Penal Code (TCK) should be overturned and he should also be penalized for "membership of an organization" like other lawyers.

The letter of notification issued by the prosecutor's office has been sent to the 16th Penal Chamber of the Court of Cassation.

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Lawyer Ebru Timtik, an executive of the ÇHD, and lawyer Aytaç Ünsal, a member of the ÇHD, went on a death fast for the right to a fair trial on January 2 and February 2, respectively.

The İstanbul Forensic Medicine Institution released its first report on the health conditions of death-fasting arrested lawyers Ebru Timtik and Aytaç Ünsal on July 30 and, for both of them, the Forensic Medicine Institution said that "it was not suitable for them to stay in prison."

After this report was issued in early morning hours, the attorneys of Timtik and Ünsal submitted a petition to İstanbul 37th Heavy Penal Court, presenting both this medical report and their request for release. 152 petitions written by lawyers abroad and petitions signed by dozens of lawyers in Turkey requesting their release were also added.

Examining the application of the attorneys, the İstanbul 37th Heavy Penal Court has ruled that the arrest of lawyers Timtik and Ünsal shall continue. The court has also ruled that "a writ shall be written to the İstanbul Chief Public Prosecutor's Office so that the necessary can be done to urgently ensure their medical follow-up and treatment in hospital conditions."

Shortly aftet the court's ruling, the lawyers were hospitalized. Previously in Silivri Prison, Timtik was taken to at Dr. Sadi Konuk Training and Research Hospital in Bakırköy district and Ünsal was taken to Kanuni Sultan Süleyman Training and Research Hospital in Küçükçekmece district from Burhaniye Prison.

Their attorneys submitted an appeal to İstanbul 38th Heavy Penal Court against the rejection of the release request.

The ÇHD lawyers' case is currently in examination at the 16th Penal Chamber of the Court of Cassation.

(AS/VK)

hunger strike death fast vk ebru timtik aytaç ünsal Aytaç Unsal

Ayça Söylemez

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Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Marmara Üniversitesi İletişim Bilimleri’nde doktora yapıyor. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.