Photo: People's Law Bureau
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Republican People's Party (CHP) MP and Parliamentary Committee on Justice member Süleyman Bülbül has called for the "protection of death fasting lawyers' right to life."
Ebru Timtik and Aytaç Ünsal have been on a death fast for 221 and 190 days, respectively. An application was made to the Constitutional Court today (August 10) for the release of th lawyers.
"The only demand of our young colleagues was to exercise their right to a fair trial. But at the point we have come today, they are defending their right to a free trial," Bülbül said. "They are not released although the Forensic Medicine Institution released a report that it is not suitable for them to stay in prison. This unlawful decision should be reversed immediately.
He said that Timik and Ünsa were also subjected to maltreatment in prison and continued: "They demand a fair trial, not forced intervention. The main duty of the state is to secure the right to life. However, [their] right to life is openly threatened."
"This is a call to all officials, especially the Minister of Justice: This is a critical process. Every minute produces more irreversible results. Therefore, Ebru Timtik and Aytaç Ünsal should be released immediately and their demands for a fair trial should be fulfilled."
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. |
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