Message from death fasting lawyer Aytaç Ünsal: Don't allow forced intervention

Lawyers Ünsal and Timtik were taken to the hospital after a court rejected their release from prison.

İstanbul

Message from death fasting lawyer Aytaç Ünsal: Don't allow forced intervention

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Death fasting lawyer Aytaç Ünsal has stated through his spouse, attorney Didem Baydar-Ünsal, that he wouldn't accept force-feeding.

"Will these physicians circle over us like vultures and intervene if we lose our consciousness? Please, don't allow this," Aytaç Ünsal said in his message.

The two death fasting lawyers, Aytaç Ünsal and Ebru Timtik, were hospitalized on July 30, after a court rejected their request for release despite the Forensic Medicine Institution's (ATK) report stating that they couldn't stay in prison.

Timtik, who is on the 215th day of the death fast, is at Dr. Sadi Konuk Training and Research Hospital and Ünsal, who is on the 184th day, is at Kanuni Sultan Süleyman Training and Research Hospital in İstanbul.

An objection against the verdict of the continuation of arrest has been submitted to İstanbul 38th Heavy Penal Court.

"His speech and movements are very slow"

After visiting her spouse, Baydar-Ünsal said that his health condition was not good, the Mesopotamia Agency reported.

"While we were expecting their release in accordance with the ATK report, we learned that they were taken to the hospital against their will. Aytaç lost a lot of weight, his speech and movements were very slow," she said.

Saying that her spouse is staying at the convicts' ward in the hospital, Baydar-Ünsal noted that they were concerned about the sterilization of the place.

"The place where he is kept is for one person. He has a companion with him. As a result of our efforts, they accepted [the companion] two days later. We think that all these things they went through are eating up their lives," she said.

The two lawyers were "hastily" taken to the hospital and had bruises, she added.

"They say that 'We won't allow an intervention.' They expect their friends outside to adopt them and don't allow forced intervention. And we are striving for this. We always keep watch in front of and inside the hospital."

Peace Mothers and request the release of the lawyers

The Coordination for the Freedom of Defense made a statement in front of İstanbul Courthouse.

Reading out the statement, the Progressive Lawyers' Association (ÇHD) Secretary-General, Nergiz Tuba Aslan, noted that the lawyers' immune systems have been weakened and despite that, they are being held at a "pandemic hospital."

Photo: ÇHD

In both Turkey and the world, force-feeding of hunger strikers caused permanent injuries and deaths in some cases, she said, adding that force-feeding is considered as torture in the Tokyo and Malta declarations.

"A medical intervention to our colleagues without their consent is clearly a crime. The reversal of the unlawful decision of the İstanbul 37th Heavy Penal Court and our colleagues' discharge from the prison and emancipation is urgent and vital," Aslan remarked.

The Peace Mothers Initiative and the Lawyers for Freedom Association (ÖHD) also made a statement in front of the Dr. Sadi Konuk Hospital, demanding the release of the 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.

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The Chief Public Prosecutor's Office of the Court of Cassation expressed the 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.

CLICK - Court of Appeals Upholds 159-Year Prison Term for Progressive Lawyers Association Members

Lawyer Ebru Timtik, an executive of the ÇHD, and lawyer Aytaç Ünsal, a member of the ÇHD, went on a death fast for the right to a fair trial on January 2 and February 2, respectively.

The İstanbul Forensic Medicine Institution released its first report on the health conditions of death-fasting arrested lawyers Ebru Timtik and Aytaç Ünsal on July 30 and, for both of them, the Forensic Medicine Institution said that "it was not suitable for them to stay in prison."

After this report was issued in early morning hours, the attorneys of Timtik and Ünsal submitted a petition to İstanbul 37th Heavy Penal Court, presenting both this medical report and their request for release. 152 petitions written by lawyers abroad and petitions signed by dozens of lawyers in Turkey requesting their release were also added.

Examining the application of the attorneys, the İstanbul 37th Heavy Penal Court has ruled that the arrest of lawyers Timtik and Ünsal shall continue. The court has also ruled that "a writ shall be written to the İstanbul Chief Public Prosecutor's Office so that the necessary can be done to urgently ensure their medical follow-up and treatment in hospital conditions."

Shortly aftet the court's ruling, the lawyers were hospitalized.

Previously held in Burhaniye Prison, lawyer Aytaç Ünsal has been on a death fast for 1803days while lawyer Ebru Timtik has been on a death fast in Silivri Prison for 214 days. Ünsal was referred to Silivri to be taken to the İstanbul Forensic Medicine Institution. Their case file is currently in examination by the 16th Penal Chamber of the Court of Cassation.

(AS/VK)