Click to read the article in Turkish / Kurdish
Released yesterday evening (September 3), lawyer Aytaç Ünsal has ended his death fast and accepted treatment by independent physicians.
On a death fast for a fair trial, Ünsal was actually released by the 16th Penal Chamber of the Court of Cassation on September 1, 2020. However, the ruling was sent to the İstanbul 37th Heavy Penal Court and Bakırköy Chief Public Prosecutor's Office three days later, on September 3.
That being the case, Aytaç Ünsal could be released from the hospital where he was held in İstanbul yesterday evening.
With this ruling, it is also understood that the 16th Penal Chamber of the Court of Cassation has upheld the verdict of the case where 18 of 20 lawyers have been sentenced to over 159 years in prison.
Because in the ruling relating to Ünsal's release, it was said that a ruling has been handed down regarding the case. Otherwise, the Court of Cassation should have cited the file number. But the official letter notified to the prosecutor's office cites the number of the ruling.
Speaking to bianet about the issue, Nermin Ünsal, the mother and lawyer of Aytaç Ünsal, has indicated that it is understood from this expression that the verdict has been upheld. However, the ruling has not yet been added to the National Judiciary Informatics System (UYAP).
'We feel a bittersweet happiness'
In a statement for the press held in front of the People's Law Bureau (HHB), which Aytaç Ünsal is also a member of, his current condition was shared with the public. While the statement was also attended by bar association chairs and MPs, Didem Baydar Ünsal said that death fasting lawyer Ebru Timtik lost her life while struggling for justice:
"We are happy that Aytaç is with us, but we feel a bittersweet happiness because we lost our elder sister Ebru. But we will honor her memory. They will see the name and face of Ebru Timtik everywhere."
İzmir Bar Association Chair Özkan Yücel also announced that Aytaç Ünsal has accepted medical treatment:
"We, as the chairs of bar associations, will always stand behind the demand for fair trial in both this case and all other trials.
"This struggle is our struggle of existence, it is our struggle of being a lawyer, being a human. Aytaç has ended his death fast. He has accepted our wish to struggle together in courtrooms."
It was also indicated that if the Court of Cassation had taken this decision 10 days ago, Ebru Timtik could be alive today.
On a death fast for a fair trial together with Aytaç Ünsal, arrested lawyer Ebru Timtik lost her life on the 238th day of her death fast on August 27.
'We won't act like there was judiciary'
The People's Law Bureau (HHB) also made the following statement:
"Immortalized with her 238-day hunger, Lawyer Ebru Timtik and, with his 215-day hunger, Lawyer Aytaç Ünsal are the open and credible indicators of our will to not surrender in any way.
"We will not normalize fascism, we will not act like there existed a judiciary, like the Constitution was in force and laws were still binding. We will not accept this order of atrocity imposed on the poor.
"The value of our life and struggle depends on blockading the animosity towards the people and raising hopes and resistance. Our bureau will keep being the barricade at the very forefront of the struggle for justice."
What happened?
In the trial of lawyers from the Progressive Lawyers' Association (ÇHD), the court announced its ruling on March 20, 2019 and gave prison sentences ranging from 18 years, 9 months to 3 years, 1 month, 15 days. The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected the objections in October 2019 and sent the file to the Court of Cassation.
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 was sent to the 16th Penal Chamber of the Court of Cassation.
ÇHD executive lawyer Ebru Timtik and ÇHD member lawyer Aytaç Ünsal went on a death fast in prison for their right to a fair trial. They were referred to hospital on July 30, 2020. Timtik lost her life on August 27 on the 238th day of her death fast. (AS/SD)
