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Faik Ersöz, the Deputy Chief Public Prosecutor of the Court of Cassation, examined the request for release of arrested lawyer Aytaç Ünsal, who has been on a death fast for a fair trial and is currently in hospital.
In his answer, Ersöz has said, "The opinion as to the lack of grounds to express an opinion has been presented in the attached file."
The prosecutor has referred to the Article 105* of the Code of Criminal Procedure (CMK) no. 5271 and said that the request for release shall be examined based on the case file.
However, in that case, the Court of Cassation must examine the entire case file and the request for release must await its final ruling. Though the Court of Cassation received the file of Progressive Lawyers Association (ÇHD) lawyers' case seven month ago, it has not yet handed down its ruling.
The prosecutor presented the following opinion as to the request for release to the 16th Penal Chamber of the Court of Cassation:
"As it is understood that the requests for release submitted to the Court of Cassation shall be decided based on an examination of the file as per the Article 104/3 of the Turkish Penal Code and that the opinion of the Public Prosecutor shall not be obtained while making this decision outside a hearing as per the Article 105 of the same code, the opinion as to the lack of grounds to express an opinion has been presented in the attached file."
Though the Forensic Medicine Institution gave a report for Aytaç Ünsal, indicating that he was not in a state to stay in prison, Ünsal was not released and was referred to the Kanuni Sultan Süleyman Training and Research Hospital in İstanbul, still a pandemic hospital. As of today (September 1), Ünsal has been on a death fast for a fair trial for 222 days.
On a death fast with the same demand, lawyer Ebru Timtik lost his life in the Bakırköy Dr. Sadi Konuk Training and Research Hospital, which is also a pandemic hospital in İstanbul. When she died on August 27, Timtik had been on a death fast for a fair trial for 238 days.
A request for release was previously submitted to the Constitutional Court for both Timtik and Ünsal; however, the Constitutional Court concluded that the health of two lawyers, who were both at the critical stage of their death fast, was not at risk and rejected the request.
* Article 105: In cases where there is a motion filed according to the provisions of Arts. 103 and 104, the decision on approving the motion, denying the motion or ordering judicial control shall be rendered by the competent authority within three days, after the opinions of the Public Prosecutor, suspect, accused or defense counsel have been obtained.(Additional sentence: 24/11/2016-6763/23 art.) Except for the motions as per the first sentence of the fifth subclause of the Article 103, this period shall be seven days for offenses related to organizational activities. (Additional sentence: 11/4/2013-6459/15 art.) While deciding outside a hearing, the opinion of the Public Prosecutor, suspect, defendant or defense council shall not be obtained. These decisions may be subject to a motion of opposition.
(AS/SD)
