Death-fasting arrested lawyers Ebru Timtik and Aytaç Ünsal not released
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The İstanbul Forensic Medicine Institution has released its first report on the health conditions of death-fasting arrested lawyers Ebru Timtik and Aytaç Ünsal and, for both of them, the Forensic Medicine Institution has said that "it is not suitable for them to stay in prison."
After this report was issued in early morning hours today (July 30), 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."
Prosecutor demanded continuation of arrest
Receiving the application, the court first sent it to the Prosecutor's Office. In his opinion, the prosecutor demanded that "the execution of their arrest take place at a hospital for treatment, considering their health conditions in the light of Forensic Medical Institution reports."
'As judicial control measures will fall short...'
Agreeing with the opinion of the prosecutor, the İstanbul 37th Heavy Penal Court has announced its ruling. Reiterating the reasons put forward by the attorneys for the release of Aytaç and Timtik and the findings in the Forensic Medicine Institution report, the court has said:
"...the report has indicated that 'the stay of defendants in prison conditions is not suitable for their health, they need to be hospitalized and their medical follow-up and treatment need to be done in hospital conditions;' accordingly, it has been considered that, at this stage, the medical follow-up and treatment of the defendants can be provided by the related prison administration, thereby fulfilling the requirements of the report..."
Regarding the request for release of the lawyers, the court has said that "...considering the nature and quality of the charged offense of being members of an armed terrorist organization, its being one of the offenses cited in the Article 100/3 of the Code of Criminal Procedure (CMK), the amount of penalty and the flight risk due to this amount of penalty, it has been concluded that the currently implemented measure will not be in an open improportionality and judicial control measures will fall short..."
Accordingly, the court has rejected their request for release and ruled that the arrest of Ebru Timtik and Aytaç Ünsal shall continue.
CLICK - Death fasting lawyers referred to Forensic Medicine Institution
Ünsal death fasting for 179, Timtik for 210 days
On July 27, the İstanbul 37th Heavy Penal Court ruled that lawyers Ebru Timtik and Aytaç Ünsal, who have been on a death fast for their right to a fair trial in Silivri and Burhaniye Prisons respectively, should undergo a medical examination at the Forensic Medicine Institution.
Held in Burhaniye Prison, lawyer Aytaç Ünsal has been on a death fast for 179 days while lawyer Ebru Timtik has been on a death fast in Silivri Prison for 210 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.
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)