‘Court of Cassation seems to be waiting for their death to announce its ruling’

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Nermin Ünsal, who is both the mother and attorney of death fasting arrested lawyer Aytaç Ünsal, is a former judge who was displaced because she convicted the police officers that she had put on trial.

Noting that heavy penal courts have long been far away from the notion of justice and working upon "instruction", Nermin Ünsal, the retired judge of İzmir Penal Court of First Instance, says that all courts are now under pressure.

Lawyer Nermin Ünsal, now representing her son at court, will rent a house in Burhaniye in Turkey's western Balıkesir province so that she can more frequently see her son Aytaç Ünsal, who has been on a death fast for his right to a fair trial in Burhaniye Prison.

She already goes to prison every week to visit him, but complains that yet another trouble is made every time she goes there to visit her son and that she is kept waiting to see him for hours:

"In Silivri Prison [in İstanbul], attorneys and prisoners have been allowed to meet with plastic platforms between them.

"However, even such a simple arrangement as this has not been made in Burhaniye and, whenever I go there for visitation, I am kept waiting because the areas allocated for visits are full, or they ask me to return. I have to make every visitation with a quarrel beforehand."

'Aytaç grew up inside courthouses'

Nermin Ünsal says that her son grew up inside courthouses, he was considerably affected by the "crime and punishment" discussions at home and he has always had a sense of justice in him:

"Aytaç grew up inside courthouses. It was hard to find a babysitter in small places, so I used to take him with me. He would sleep in rooms of private secretaries or courtrooms. He would frequently witness our conversations about files. The sense of justice is very much internalized by him.

"When he was at primary school, he intervened to protect his friend beaten by others and beat them himself. When he was asked why he did it, he said that the child was his brother. Then, his teacher called me to ask, 'Wasn't Aytaç an only child?' He was always a child with a sense of justice."

'No judgement for 50 days'

While Aytaç Ünsal has been on a death fast for his right to a fair trial for 169 days, Ebru Timtik, another arrested lawyer, has also been death fasting with the same demand for 200 days in Silivri Prison in İstanbul.

The verdict handed down against them in the trial of Progressive Lawyers Association (ÇHD) is currently examined by the 16th Penal Chamber of the Court of Cassation. The course of death fasts will also be determined based on the judgement to be given by the Court of Cassation.

However, there is still no judgement. Nermin Ünsal is of the opinion that the supreme court has been delaying the judgement on purpose:

"The file of the ÇHD lawyers came to the 16th Penal Chamber of the Court of Cassation on February 3, 2020.

"As Ebru and Aytaç turned their irreversible and indefinite hunger strike into a death fast on April 5 Attorneys' Day and considering the unlawful acts that we have so far experienced since the beginning of the judicial process, we submitted a petition, requesting that their file be examined with priority.

"Moreover, five of the 39 bar association chairs who have been following the file since the beginning went to the Penal Chamber of the Court of Cassation and talked about their case file.

"The file has been under examination since June 1 and it was said that a ruling would be handed down in a month at the latest. However, no ruling has been given though it has been 50 days since then.

"As a matter of fact, when we look at the National Judiciary Informatics System (UYAP) and other files reported in the press, several files presented to the court way later than Aytaç's file was examined and concluded.

"I think they are waiting for their death, delaying the judgement till the end of judicial recess as the file has been at this chamber for five months.

"Otherwise, a court board in such capacity as this would have read the minutes that were taken down in the last two hearings of the case which was concluded in only three hearings and would have already reversed the judgement in a quick and definitive manner, considering that none of procedures or laws had been observed in their trial.

"We, as families, now believe that the political pressure is still in place. We have already lost our sense of justice as a society anyway."

'Photos not allowed so that his condition not seen'

Nermin Ünsal also says that she is constantly having problems during prison visits, noting that she is not allowed to take the photo of her son as they use the coronavirus outbreak as an excuse for this refusal:

"When his ward is to be searched, around 10 wardens enter the ward, get closer to him, touch his stuff. Not every one of them wears a mask all the time. But a person wearing a mask is not allowed to take a picture of him from afar. Because Aytaç has lost so much weight that they do not want his muscle loss to be seen in pictures, using the outbreak as an excuse.

"Aytaç and Ebru refuse to see the prison's doctor. They want to be examined by an independent physician from the Turkish Medical Association (TTB). But their requests have been rejected without reason.

"Instead, a doctor was sent there from a hospital and they were told that they had to be hospitalized. It is very concerning, it brings forced intervention into mind. That attitude of the prison has frightened me a lot."

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 Prison 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)