Death fasting lawyers: 'Conditions in prison were better than hospital'

A demonstration was held for the lawyers' release in front of the hospital. (Photo: ÇHD)

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Lawyers Ebru Timtik and Aytaç Ünsal, who have been on a death fast for 214 and 183 days, respectively, were taken to the hospital on Friday (July 31) for force-feeding.

The hospitalization of the lawyers came shortly after a court rejected their request for release despite a Forensic Medicine Institution report indicating that "it was not suitable for them to stay in prison."

Ebru Timtik's aunt, Yıldız Timtik, said today (August 3) that the conditions in prison were better than the hospital.

"They turn on the air conditioners even though they know that Ebru feels cold. They didn't close it. The hospital is very cold," she said.

"Although Ebru always said 'I'm a resister, not a patient,' they wanted to gauge her blood pressure. Ebru didn't allow this. She said she wanted to be released," Yıldız Timtik said, noting that the lawyer's request for a pen and a piece of paper was not met.

Aytaç Ünsal and Ebru Timtik

Attorney Didem Baydar, the spouse of Ünsal, said on Saturday that the court could still correct its mistake by accepting their objection and releasing the two lawyers.

Ebru Timtik is currently at Dr. Sadi Konuk Training and Research Hospital in İstanbul's Bakırköy district and Aytaç Ünsal is at Kanuni Sultan Süleyman Training and Research Hospital in Küçükçekmece district.

"Aytaç Ünsal is being prevented from sleeping"

Dozens of people including members of the Progressive Lawyers Association (ÇHD), the Peoples' Democratic Party (HDP) İstanbul provincial organization, the TAYAD association, the Peace Mothers Initiative and the Assembly for Resistance, held a demonstration in front of the Bakırköy Sadi Konuk Hospital yesterday, demanding the release of the lawyers.

Volkan Çeşme, the spokesperson of the Assembly for Resistance, stated that "the torture against the lawyers continued."

He said that the light of Ünsal's room was left open during the night and he was prevented from sleeping.

HDP party assembly member Esengül Demir said, "We are facing a serious political and legal absurdity. We want Ebru and Aytaç to live. For this reason, they should be released immediately and be treated with their own will."

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.

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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 for force-feeding.

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.

(RT/TP/EMK/VK)