Jailed lawyer Çiçek: I said, ‘Give me at least some water’, they didn’t

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Sentenced to 9 years in prison in the trial of the Progressive Lawyers Association (ÇHD), Aycan Çiçek has sent a letter to bianet from Kocaeli Prison, where she has been transferred from Düzce Prison.

In her letter, lawyer Çiçek writes, "I am writing you this letter in a cell. As they were unable to carry out the punishments of solitary confinement in Düzce because there were no cells, they are now carrying them out here. As if it was not enough that they had isolated us for years in Düzce by keeping two people in a ward, they have now put me in a one-person cell here."

'"We must have overlooked it", said the judgeship'

The reason for the punishment of solitary confinement was that Çiçek, during their protest in Düzce Prison, hit the doors and chanted slogans. Along with others, she was accused of "causing fear and panic."

As a lawyer herself, Çiçek submitted petitions and objected to the punishments. In her letter, Çiçek writes:

"Miscalculating the due period of objection, the Judgeship of Execution dismissed my objection by arguing that I didn't object within the due period. In my appeal to the Heavy Penal Court, I indicated the periods one by one and reiterated my objection. However, the objection was also rejected here in writing. When I explained the situation to the judgeship of execution, I was told, 'We must have overlooked it.'

"What you have overlooked is decisions about our lives."

'A cell which is 5 steps long...'

Taken to cells, together with the other prisoner, on June 29, Çiçek wrote her letter to bianet on her fifth day in solitary confinement. She said that she still had 80 more days to serve in the cell, adding that she would be held alone throughout this punishment of solitary confinement.

She said, "A cell means spending your days without communicating with anyone, without having any visits or phone calls and by spending only an hour in open air. The cell is 5 steps long..."

No books in the cell

Çiçek says that even her basic needs are not met in the cell:

"They have given me none of the things that I have paid for such as the TV, refrigerator, tea urn, dress, spoon, fork, knife and cleaning products.

"I wanted to buy food from the canteen, but they rejected my request by saying that it was after 4 pm. I said, 'There was water in the room where I asw staying, at least give me that.' They didn't bring it, either. They apparently think of 'disciplining' us by not meeting our needs.

"Five hours after I was put in the cell, they brought water and food with a plastic spoon in a tray. When I asked for a fork and knife, they answered, 'Eat with the spoon.' I had to wait till the next day to drink hot tea and cold water."

Aycan Çiçek adds, "It is also forbidden to bring books to solitary confinement. I am now deprived of books as well."

Held alone in the cell for 23 hours a day, lawyer Aycan Çiçek is allowed to get some air only for an hour a day.

Making a statement, the People's Law Bureau has said, "There is an attempt to incessantly carry out the punishments of solitary confinement, 85 days in total, previously given to lawyer Aycan Çiçek, who is held in the Kandıra No. 1 Type F Prison. During solitary confinement, they are not allowed to have anything with them such as books, newspapers and clothes."

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 over 159-year 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. Ünsal ended his fast, he is now in treatment.

The 16th Penal Chamber of the Court of Cassation upheld all sentences, except for the ones given to lawyers Barkın Timtik, Selçuk Kozağaçlı and Ezgi Çakır. (AS/SD)