Aysel Tuğluk's attorneys say Forensic Medicine Institution report 'not scientific'

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• Behind bars for five years, Aysel Tuğluk was convicted in one case and is on trial in another

• She is kept in prison despite being diagnosed with dementia and two medical committee reports stating that she cannot stay in prison

• The Forensic Medicine Institute on February 3 concluded that Tuğluk had "full criminal liability" but avoided stating an opinion whether she can defend herself at the court

Attorneys of imprisoned former MP Aysel Tuğluk have released a written statement about the Forensic Medicine Institution (ATK) report on her medical condition.

Tuğluk, who was diagnosed with dementia, has "full criminal liability," the ATK concluded in the report released yesterday (February 15).

The Ankara 22nd Heavy Penal Court requested the report to find out whether Tuğluk can defend herself at the court but the ATK did not state an opinion about it, the attorneys noted.

As per the court order, Tuğluk was kept at the ATK Observation Specialization Board between February 1-4 for examinations.

The agency neither stated an opinion as to whether she could stay in prison or not.

The attorney noted that they had filed an objection against a previous ATK decision that Tuğluk can stay in prison and the legal process is still underway.

Objectivity of the report

Also, the attorneys stressed, the ATK report was "focused on the statements and accusations in the indictment" while not including documents about Tuğluk's medical condition in different times, her statements, and testimonies of medical and administrative staff in the prison and the prisoners staying together with her.

"In forensic psychiatry, criminal liability evaluations lose their state of being scientific and objectivity when they convey the events as if they are a party to the claim instead of carrying out a medical assessment and ... a scientific discussion based on evidence. Because it creates an opinion about the events, the report is also problematic in terms of wording and medical ethics," said the attorneys.

"We would also like to state that examination findings and the observation process are also quite vague and it contains serious differences from [the previous ATK assessment that Tuğluk can stay in prison].

"... For the enforcement of the sentence of an individual, they should be completely healthy. We would like to emphasize that the report does not make an assessment about it.

"We would also like to underline that it is easily understood from the findings and assessments in the ATK report ... that it is not possible for Aysel Tuğluk to defend herself in her current situation. However, despite these findings, the ATK intentionally refrained from stating an opinion on this matter and only made an assessment about the criminal liability aspect."

The lawyers further said that they initiated legal action against the doctors who prepared the reports.

What happened?

On December 29, 2016, when she was the Vice Co-Chair of the Peoples' Democratic Party (HDP), Kurdish politician Aysel Tuğluk was arrested along with seven other politicians from the Democratic Regions Party (DBP) and the Democratic Society Congress (DTK).

The indictment filed against Tuğluk, who was the DTK Co-Chair till September 2014, brought her statements to the press as well as the funerals that she attended as criminal evidence against the politician.

On March 16, 2018, the Ankara 17th Heavy Penal Court sentenced Aysel Tuğluk to 8 years in prison as per the Anti-Terror Law (TMK) no. 3713. Increasing this prison term by half, the court then gave a 12-years prison sentence to the politician. Lastly, it has decreased this prison sentence by one sixth and ruled that she shall be sentenced to 10 years in prison.

As Aysel Tuğluk's appeal to the Ankara Regional Court of Justice was rejected, her file was sent to the Court of Cassation.

Her mother's funeral

Aysel Tuğluk's mother Hatun Tuğluk lost her life in 2017. Upon her last will, her deceased body was brought to the İncek Cemetery in Ankara. Aysel Tuğluk left prison by permission and her mother was laid to rest; shortly afterwards, a group of 5-6 people gathered to protest the funeral.

The ones who attended the funeral said that this number gradually increased and they tried to attack the grave.

As the attacks continued, the deceased body of Hatun Tuğluk had to be removed from the ground and laid to rest somewhere else. One of the people who attacked the funeral turned out to have a picture with Interior Minister Süleyman Soylu at the police station.

Health problems

Aysel Tuğluk's elder brother Alaattin Tuğluk said that his sister had a memory loss after their mother's passing:

My sister didn't look fine. She asks the same question 3-4 times. She doesn't remember some things. For instance, when she wants to ask about someone from the family, she says, 'Who was that, who?' They are close people, it is impossible for her to not know them. I am concerned that this will come to an irreversible point and that we will lose my sister... I want treatment before it is too late. Let another committee examine her and give a decision accordingly. She is given 1-2 medications now. It is not enough. She will go [to jail] after her treatment ends.

About Aysel Tuğluk

Politician.

She was the founding member and Co-Chair of the Democratic Society Party (DTP) and elected Diyarbakır MP in 2007-2009. She became the Van MP of the Peoples' Democratic Party (HDP) in 2011-2015. She served as the Vice Co-Chair of the HDP responsible for Law and Human Rights.

Aysel Tuğluk was also a member of the Society and Law Studies Foundation Executive Board, a member of the Human Rights Association (İHD) and the founder of the Patriotic Women's Association.

Born in Elazığ in 1965, she graduated from the Faculty of Law of İstanbul University and worked as a self-employed lawyer.

(RT/VK)