Attorney Tuncer Objects to 'Internal Body Examination' on Her Client

Photos: Evrim Kepenek / bianet

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Attorneys of Esin Kavruk, a nurse who was detained on October 11 over her social media posts, where she said, "I don't want war," have appealed against a request for an "internal body examination" and a DNA examination on her.

Kavruk was arrested on the charge of "propagandizing for a terrorist organization" and is currently behind bars at the Bakırköy Women's Closed Prison in İstanbul.

Police officers from the Anti-Terror Branch Directorate went to the prison about two weeks ago, attorney Gülizar Tuncer told bianet. They brought Kavruk to the Council of Forensic Medicine for an "internal body examination" and a DNA sample to be taken from her. However, Kavruk told the doctor that the practice is unlawful and there is no court order. An examination was not made.

Application to the Constitutional Court

After that, the İstanbul 5th Penal Court of Peace issued a new order upon a request by the police and advice by the prosecutor's office. "In order to determine whether Kavruk was involved in any activity within the scope of the PKK/KCK [Kurdistan Workers' Party / Kurdistan Communities Union] investigation, it was decided to perform an internal body examination and to take blood or similar biological samples and hair, saliva and nails from the body," the order said.

Kavruk informed her attorney about the situation. Tuncer then applied to the İstanbul 1st Penal Judgeship of Peace for the cancellation of the order. She also applied to the Constitutional Court for an urgent injunction. The order was not applied.

The prison director and head guards went to the ward on November 14 and told Kavruk that there is a new order and that they will turn her over to the police by force.

"Samples such as blood and saliva cannot be taken from a person's body without their consent. If done, it is torture," Tuncer said.

Tuncer, Peoples' Democratic Party (HDP) MP Züleyha Gülüm, Human Rights Association İstanbul Branch Chair Gülseren Yoleri and the family of Esin Kavruk held a press conference at the İHD in İstanbul.

"State of emergency practices have become permanent"

Tuncer said that the prison administration gave time to Kavruk until November 19 and said that she will be taken to the examination by force if she does not accept it. She said that the practice is unlawful and should be abandoned immediately. If this practice begins in a prison, it will spread to other prisons as well, she added.

There is not any other charge against her client than "propagandizing for a terrorist organization," Tuncer stated, saying that "a new state of affairs is being tried to be created."

Ahmet Kavruk, the brother of Esin Kavruk, said that her detention was unlawful in the first place and requested her release.

Yoleri said that "detaining those who are under arrest" was a practice from the 1980 coup period and it has been reintroduced thought the statutory decrees. Gülüm noted that such practices have become widespread with the statutory decrees that were issued in the state of emergency period after the 2016 coup attempt. (EMK/VK)