Lawyers' arrest for over 5 years is 'now beyond execution'

* Photo: MA

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Press statements were held in İstanbul and Ankara yesterday (November 16) ahead of the hearing of the trial of lawyers from the Progressive Lawyers Association (ÇHD) and People's Law Bureau.

CLICK - Progressive Lawyers Association | Prosecutor seeks prison sentences for all lawyers

Prosecutor Haluk Tunç presented his opinion as to the accusations to the İstanbul 18th High Criminal Court ahead of today's hearing. The prosecutor has demanded that all lawyers who stand before the judge in the merged case be penalized on charges of "leading a [terrorist / illegal] organization", "membership of the organization" or "propagandizing for the organization."

CLICK - 159-year prison sentence based on 'non-existent' evidence

Lawyers talk about unlawfulness

As reported by MA, law organizations met in Ankara and called on people to attend the hearing of the trial today where ÇHD Chair Selçuk Kozağaçlı and ÇHD members have been facing charges.

The meeting at the ÇHD Ankara Branch was attended by lawyers from the Lawyers for Justice, Lawyers for Democracy, Lawyers' Solidarity, Lawyers for Freedom Association Ankara Branch and Social Justice.

Reading out the joint statement on behalf of the organizations, lawyer Hülya Yıldırım said, "At the end of a process which was full of violations of the right to a fair trial, our colleagues were sentenced to up to 159 years in prison by the 37th High Criminal Court."

Recalling that lawyers Ebru Timtik and Aytaç Ünsal, also on trial in the ÇHD case, went on a death fast to raise concerns and awareness about the violations of the right to a fair trial in the case, Yıldırım noted that Ebru Timtik lost her life while she was on a death fast.

Yıldırım listed the following unlawful points:

"In the case file as part of which our two colleagues are arrested pending trial, the documents that are allegedly in the digital materials, said to have been brought from abroad, do not have their originals, either.

"Moreover, even though there are final court rulings against the police officers, prosecutors and judges who brought these documents from abroad on charges of membership of the organization, fabricating evidence and plotting - drafting plot files, the court board does not take the defense that these documents are not lawful into consideration."

'Unlawful acts that will go down in history'

A press statement was also held in front of the İstanbul Courthouse in Çağlayan yesterday. Lawyer Seda Şaraldı read out the statement:

"Unfortunately, the proceedings against our colleagues continue amid unlawful acts that will go down in history. The unfair and unlawful arrest of our colleagues has lasted longer than five years in this process and this arrest has long passed the point of execution."

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 Court of Cassation upheld all sentences, except for the ones given to lawyers Barkın Timtik, Selçuk Kozağaçlı and Ezgi Çakır.

Prison sentences upheld by the Court of Cassation on September 15, 2020:

Özgür Yılmaz: 13 years, 6 months

Behiç Aşçı: 12 years

Şükriye Erden: 12 years

Engin Gökoğlu: 10 years, 6 months

Aytaç Ünsal: 10 years, 6 months

Süleyman Gökten: 10 years, 6 months

Ayçan Çiçek: 9 years

Naciye Demir: 9 years (AS/SD)