‘Before we lose lawyer Aytaç Ünsal, too…’

Click to read the article in Turkish

The Human Rights Association (İHD) İstanbul Branch has released a written statement after arrested lawyer Ebru Timtik lost her life on the 238 day of her death fast for a fair trial yesterday (August 27).

"The ones who rule the country are responsible for the death of lawyer Ebru Timtik," the statement of the branch has noted.

The İHD has called on everyone to take a stance before Aytaç Ünsal, also a death fasting lawyer, loses his life:

"Given heavy sentences as a result of an unfair trial and associated with terrorism based on legally unfounded allegations, lawyer Ebru Timtik lost her life on the 238th day of her death fast, which she was on for her right to a fair trial. We are really sorry for her loss.

"We condemn this despotic mentality that leaves people no choice but to risk their lives to access fundamental rights and then stands in front of them, watching them die one by one in cells.

"The death of Ebru has clearly shown the attitude of the government towards rights and freedoms. The current state of authoritarianism shows that the state completely disregards its responsibilities to the people and society.

"Considering that the ones who rule the country violate even their responsibilities arising from the law, the Constitution and international convention so recklessly and by disregarding the right to life, we are calling on the domestic and international community, the law, human rights and democracy forces to take a stance against this attitude of the government before we lose lawyer Aytaç Ünsal, too..."

'A fair trial is as important as the right to health'

The Ankara Medical Chamber has also made a call to physicians and authorities. "The price to pay for demanding a fair trial should not be death," the chamber has said, briefly adding the following:

"As a result of her hunger strike-death fast that she had been on for 238 days, lawyer Ebru Timtik lost her life. We are sorry, we are enraged. We think that the right to a fair trial is as important as the right to health.

"We call on all physicians to act within the frame of ethical principles in the process of hunger strikes and all authorities to take an urgent action for lawyer Aytaç Ünsal's right to life.

"We, physicians, are on the side of life and living."

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 for 205 days, arrested lawyer Aytaç Ünsal is also currently held in Kanuni Sultan Süleyman Training and Research Hospital, a pandemic hospital in İstanbul.

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. (AS/SD)