‘Arrested lawyers must be released’

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Shortly after the court accepted the request that death fasting arrested lawyers Aytaç Ünsal and Ebru Timtik be examined by the Forensic Medicine Institution, the People's Law Bureau (HHB) has released a statement and reiterated that all arrested lawyers must be released.

CLICK - Death fasting lawyers referred to Forensic Medicine Institution

The statement has reminded the public that while Ünsal has been on a death fast for 177 days for his right to a fair trial, Timtik has been death fasting with the same demand for 208 days as of today (July 28).

"In these days when their conditions are getting more and more life-threatening due to long-time hunger, their release is a must," it has said.

The Progressive Lawyers Association (ÇHD) has also announced that Timtik and Ünsal have been granted honorary membership at the Bologna Bar's Commission on Human Rights and International Relations.

In the decision of the Bologna Bar Association's Executive Board, it has been indicated that "the failure of holding a fair trial was observed in their judicial process and an urgent solution is now being expected."

Court of Cassation has not given a ruling for 4 months

In evaluating the application for the release of death fasting lawyers Ebru Timtik and Aytaç Ünsal, the 16th Penal Chamber of the Court of Cassation, which is currently examining their case, has concluded that the İstanbul 37th Heavy Penal Court has the jurisdiction to undertake the necessary procedures as to the release of the lawyers.

On the same day, the local court has ruled that Timtik and Ünsal shall be referred to the Forensic Medicine Institution for medical examination. 

The HHB has also referred to the judicial process of arrested lawyers:

"In the file that started with the operation on September 12, 2017, several unlawful acts have been committed in three years and several rights, especially the right to a fair trial, have been violated in the meanwhile.

"In the first hearing, all arrested lawyers were released; however, with an intervention, new arrest warrants were issued in less than 10 hours.

"The court board was dissolved and, violating several articles of the Code of Criminal Procedure (CMK), the newly appointed court board held only three hearings in 5 months and sentenced 18 lawyers to 159 years in prison. The prison sentences were upheld by the 2nd Penal Chamber of the İstanbul Regional Court of Justice without examining the case file.

"The profession of attorneyship and the activities undertaken within this frame were openly turned into matters to bring an accusation and attending societal lawsuits was cited in the indictment and detailed ruling.

"In the face of all these unlawful acts, on April 4 Attorneys' Day, Timtik and Ünsal went on a death fast with the demand for their right to a fair trial.

"In the four-month period since April, the 16th Penal Chamber of the Court of Cassation has not handed down a judgement. The Court of Cassation must immediately reverse this file, where all principles of the right to a fair trial and the Code of Criminal Procedure were violated for many times, and must give a ruling of release for all arrested lawyers."

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)