* Image: Murat Başol
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22 international law organizations, including the Council of Bars and Law Societies of Europe and International Association of Lawyers, prepared a report on the trial of Progressive Lawyers Association (ÇHD).
The Turkish translation of the report has been submitted to the Court of Cassation by Betül Vangölü-Kozağaçlı, the attorney of arrested ÇHD lawyer Aytaç Ünsal, who has been on a death fast for his right to a fair trial together with Ebru Timtik, another arrested lawyer from the ÇHD.
In her petition to the 16th Penal Chamber of the Court of Cassation, attorney Vangölü-Kozağaçlı has referred to the report, which documented that the trial of the ÇHD lawyers was "a politically motivated proceeding."
'Trial conducted against the law'
The report has also underlined that the trial of the ÇHD lawyers was not conducted in accordance with either domestic or international law.
Accordingly, 22 international law organizations have requested "the immediate release of the lawyers accused in the ÇHD proceedings."
The organizations have also demanded "full respect of the basic principles on the role of lawyers, and, in particular, the immediate cessation of the harassment of human rights lawyers, the immediate cessation of identifying lawyers with their clients' cause, and the immediate cessation of attempts to bar lawyers to act freely for the defence of their clients."
Another request raised in the report is "the full respect of the principles of the independence of the judiciary and, in particular, to abstain from conducting political trials by interfering in the composition of the tribunals."
Based on the findings and demands, attorney Vangölü-Kozağaçlı has underlined in her petition that the trial of ÇHD lawyers was not legitimate in terms of either the domestic law or the international law.
She has also demanded that the prison term of over 159 years given for the lawyers be reversed and arrested lawyers be released.
The report has been prepared by the following organizations:
European Association of Lawyers for Democracy and World Human Rights (ELDH); European Democratic Lawyers (AED-EDL); The foundation The Day of the Endangered Lawyer; International Association of Democratic Lawyers (IADL); Progress Lawyers Network, Giuristi Democratici,The Council of Bars and Law Societies of Europe (CCBE); French National Bar Council (Conseil national des barreaux - CNB); Observatoire International des Avocats en Danger (The International Observatory of Endangered Lawyers - OIAD); Unione delle Camere Penali Italiane (UCPI); Consiglio Nazionale Forense (Italian National Bar Association); Défense Sans frontière – Avocats Solidaires (DSF AS); International Association of Lawyers (UIA); OBFG/Avocats.be (Association of French speaking Bars of Belgium); Paris Bar Association; Athens Bar Association; Barcelona Bar Association; Berlin Bar Association; Brussels (French-speaking) Bar Association; Brussels (Dutch-speaking) Bar Association (NOAB); Liège Bar Association; Vienna Bar Association.
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.
CLICK - Judge First Upheld the Sentence, Then Examined the File
The Chief Public Prosecutor's Office of the Court of Cassation expressed 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.
Lawyer Ebru Timtik, an executive of the ÇHD, and lawyer Aytaç Ünsal, a member of the ÇHD, have gone on a death fast for the right to a fair trial. (AS/SD)
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