ECtHR rejects application about death fasting lawyer Aytaç Ünsal

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The European Court of Human Rights (ECtHR) has rejected the application about death fasting arrested lawyer Aytaç Ünsal.

While the lawyer has been on a death fast for a fair trial for 212 days as of today (September 2), the ECtHR has rejected the application made for him with a request for an interim measure.

In its judgement, the ECtHR has underlined that the state should consider Ünsal's demand for a medical examination by independent physicians.

The rejection of the ECtHR has been shared with the public by the Progressive Lawyers Association (ÇHD), which Aytaç Ünsal is a member of. In its social media message, the ÇHD has said:

'Responsibility lies with all judicial authorities'

"The application submitted to the European Court of Human Rights (ECtHR) with a request for an interim measure due to the health condition of Aytaç Ünsal has been concluded. Even though it knows that Ebru [Timtik] has lost her life, it has rejected the request made for Aytaç.

"Though the reports of the hospital and Medical Association define the additional risks posed by pandemic and negative effects of prison conditions, the court, without touching upon these documents, has given a ruling of rejection on the grounds that there is no imminent danger about Aytaç.

"Right before Ebru lost her life, the Constitutional Court also said that there was no imminent danger. After this stage, the responsibility of any negative consequence that might arise about Aytaç lies with all judicial authorities that have not done what is necessary."

Aytaç Ünsal'ın sağlık durumu nedeniyle AİHM'e yapılan tedbir talepli başvuru bugün sonuçlandı. Mahkeme Ebru'nun yaşamını yitirdiğini bilmesine rağmen Aytaç için yapılan başvuruyu reddetti.

— Çağdaş Hukukçular Derneği (@chdgenelmerkez) September 1, 2020

What happened?

On a death fast for a fair trial, Ebru Timtik, one of the death fasting arrested lawyers, was held in the Dr. Sadi Konuk Training and Research Hospital in Bakırköy, İstanbul. On a death fast with the same demand, arrested lawyer Aytaç Ünsal is also currently held in Kanuni Sultan Süleyman Training and Research Hospital, a pandemic hospital in İstanbul.

Ebru Timtik lost her life on August 27, the 238th day of her fast.

Charged with "membership of the organization," Ebru Timtik was sentenced to 13 years, 6 months in prison and Aytaç Ünsal to 10 years, 6 months. The case filed against the lawyers of the Progressive Lawyers Association (ÇHD) is still pending the final verdict of the Court of Cassation.

An application was made to the Constitutional Court for arrested lawyers Timtik and Ünsal on August 10, 2020.

The application to the supreme court noted that "while they should have been released based on the reports prepared by the Forensic Medicine Institution, they were unjustly and unlawfully arrested and their health conditions were deteriorating in hospital conditions where they were held."

Within this context, the attorneys of Ünsal and Timtik requested that the Constitutional Court write an official letter to the local court, ordering the release of arrested lawyers as a precaution.

Rejecting death fasting lawyers' request for release, the Constitutional Court neither examined the medical reports nor their statements on not being treated at hospital. "There is no serious danger posed to their material or immaterial integrity," it concluded.

The İstanbul Forensic Medicine Institution announced its report on lawyer Ebru Timtik and Aytaç Ünsal on July 30, 2020 and said that neither of them was in a state to stay in prison. (TP/SD)