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The İstanbul 37th Heavy Penal Court has ruled that lawyers Ebru Timtik and Aytaç Ünsal, who have been on a death fast for their right to a fair trial in Silivri and Burhaniye Prisons respectively, shall undergo a medical examination at the Forensic Medicine Institution.
As the local court has accepted the lawyers' request, their health conditions will be now determined by the institution.
The attorneys of Timtik and Ünsal previously made an application, requesting that the arrested lawyers be released and referred to the Forensic Medicine Institution. The local court has sent this application to the Court of Cassation, the supreme court which is currently examining their case.
In its answer to the 37th Heavy Penal Court, the 16th Penal Chamber of the Court of Cassation has indicated that the former has the jurisdiction to make a decision on the application and it shall hand down a judgment.
In response to this answer, the court has accepted the request and ruled that they shall be referred to the Forensic Medicine Institution.
Speaking to bianet, attorney Çiğdem Akbulut has said that their request for release will be evaluated after the report to be given by the institution.
Held in Burhaniye Prison, lawyer Aytaç Ünsal has been on a death fast for 176 days while lawyer Ebru Timtik has been on a death fast in Silivri Prison for 207 days. They demand their right to a fair trial. Their case file is currently in examination by the 16th Penal Chamber of the Court of Cassation.
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)
