İstanbul Bar Association: This death could have been prevented

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The İstanbul Bar Association has released a statement regarding the death of arrested lawyer Ebru Timtik on the 238th day of her death fast yesterday (August 28). The statement of the bar entitled "Ebru Timtik is not dead" has noted that the lawyer died for the sake of her right to a fair trial.

"The disregard of the authorities to her days-long struggle will go down in this country's legal history as a 'shame'," the bar has indicated further.

'A fair trial is not a favor, but a right'

The statement has also underlined that the right to a fair trial was violated in the case where 20 lawyers, including Ebru Timtik and Aytaç Ünsal, were put on trial. The İstanbul Bar has briefly said the following:

"We, as the İstanbul Bar Association, are witnesses to the fact that the right to a fair trial was violated in the ÇHD Case. And, now, in the face of this death, we, as an institution reiterating that a fair trial is not a favor, but a right, are now witnesses to the violation of right to life.

"We are talking about a trial where a ruling of release was given in the first hearing, but the judges who gave this ruling of release were relieved of duty and a new court board was formed.

"We are talking about a care where the new court board did not abide by the rules pertaining to the procedure knowingly and willingly, the ridiculous statements of a specially appointed anonymous witness became the basis of the ruling and even the verdict pre-prepared upon instruction was handed down without letting people use their right of defense. And a case where all of the defendants are lawyers...

"Ebru Timtik thought that a verdict given at the end of such an unjust trial equals death for her. She was not afraid of dying, she was afraid of not practicing her profession of attorneyship.

"The demand that she expressed in choosing the way that could explain this in the most striking way was not her special request. Everyone, including those who have a different opinion as to her preference of protest, should know this: This death could have been prevented.

"There is no plausible reason that could account for the state's utter indifference. For this reason, this death will be confirmed as a 'shame' in the country's legal history. But this death will raise the awareness of all lawyers about a struggle with this legal mentality.

"Saying her 'Rest in peace,' we know that her passing is not fair. For this reason, we promise that we will be the defenders of the right to a fair trial, for which she has gone to her death.

"Ebru Timtik will live."

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)