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Death fasting lawyers Ebru Timtik and Aytaç Ünsal were hospitalized after a court rejected their request for release. In the application to the Constitutional Court, their lawyers stated that the same court released another defendant after a medical report stating that "he could not stay in prison."
İstanbul 37th Heavy Penal Court did not release the lawyers despite a Forensic Medicine Institution report stating that it was not suitable for them to stay in prison.
However, the same court ruled for the release of İbrahim Gökçek, the guitarist of the Grup Yorum who died during a death fast, after an identical report by the Forensic Medicine Institution.
"With this contradictory, unlawful and arbitrary decision of the same court regarding two completely similar demands, the right to liberty and security has once again been violated," the lawyers said in the application to the top court.
Having been on a death fast since January 2 and February 2 respectively, Timtik and Ünsal were hospitalized on July 30, after the heavy penal court rejected their request for release. Timtik is held at Dr. Sadi Konuk Training and Research Hospital and Ünsal is held at Kanuni Sultan Süleyman Training and Research Hospital in İstanbul.
"The air conditioner is always open"
In the application, the lawyers also mentioned the conditions in the hospitals were Timtik and Ünsal are held:
"Aytaç Ünsal was staying with 5-6 people while he was in prison, he could go out for fresh air, could do activities such as sports, walking, and was also able to easily meet his needs such as water, sugar, lemon, salt, vitamin B1, etc, with the help of his ward friends. In the hospital, however, let alone the possibility of getting out of a very small room, the room does not have a window that opens to the outside and enables fresh air and light to enter inside.
"In the intake of water, sugar, lemon, salt and vitamin B1, which he has to consume, problems are caused because of vague expressions such as the instructions of the gendarmerie or warden chiefs, the decisions of the hospital administration, and the orders of the prison directorate.
"The air conditioner in the room is kept turned on constantly. Considering the time he left behind in the death fast, he feels very cold due to the low body resistance. When he wants to rest, he is not allowed to turn off the light in the room for security reasons.
"Despite the fact that dozens of gendarmes are waiting in front of his door and that he does not have the possibility to move fast in his current health condition, keeping the lights on and forcing him to sleep under the light which makes noise constantly and strains his eyes means stealing from his lifetime."
No hot water, no glass cups
"Ebru Timtik is subjected to the same conditions as well. In the place she is held, there is not even a bath like in the prison where she could meet her cleaning needs. There is no regular hot water, no hairdryer. She cannot meet her hygiene needs in the conditions of the epidemic.
"As a result of the death fast, there were wounds in her mouth and consumption of hot fluid is an indispensable need for her. In the hospital, she is given hot water with cardboard or plastic cups and she cannot use these due to the smell sensitivity caused by the death fast.
"Her request for being provided with the glass she used in the prison or another glass or porcelain cup has not been answered in 10 days."
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 - 18 Lawyers Sentenced to Prison for 159 Years, 1 Month, 30 Days in Total CLICK - Judge first upheld prison sentence, then examined the file 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 in Silivri Prison, Timtik was taken to at Dr. Sadi Konuk Training and Research Hospital in Bakırköy district and Ünsal was taken to Kanuni Sultan Süleyman Training and Research Hospital in Küçükçekmece district from Burhaniye Prison. Their attorneys submitted an appeal to İstanbul 38th Heavy Penal Court against the rejection of the release request. The ÇHD lawyers' case is currently in examination at the 16th Penal Chamber of the Court of Cassation. |
(AS/VK)