Same court, same report, two different decisions

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Death fasting lawyers Ebru Timtik and Aytaç Ünsal were hospitalized after a court rejected their request for release. In the application to the Constitutional Court, their lawyers stated that the same court released another defendant after a medical report stating that "he could not stay in prison."

İstanbul 37th Heavy Penal Court did not release the lawyers despite a Forensic Medicine Institution report stating that it was not suitable for them to stay in prison. 

However, the same court ruled for the release of İbrahim Gökçek, the guitarist of the Grup Yorum who died during a death fast, after an identical report by the Forensic Medicine Institution.

"With this contradictory, unlawful and arbitrary decision of the same court regarding two completely similar demands, the right to liberty and security has once again been violated," the lawyers said in the application to the top court.

Having been on a death fast since January 2 and February 2 respectively, Timtik and Ünsal were hospitalized on July 30, after the heavy penal court rejected their request for release. Timtik is held at Dr. Sadi Konuk Training and Research Hospital and Ünsal is held at Kanuni Sultan Süleyman Training and Research Hospital in İstanbul.

"The air conditioner is always open"

In the application, the lawyers also mentioned the conditions in the hospitals were Timtik and Ünsal are held:

"Aytaç Ünsal was staying with 5-6 people while he was in prison, he could go out for fresh air, could do activities such as sports, walking, and was also able to easily meet his needs such as water, sugar, lemon, salt, vitamin B1, etc, with the help of his ward friends. In the hospital, however, let alone the possibility of getting out of a very small room, the room does not have a window that opens to the outside and enables fresh air and light to enter inside.

"In the intake of water, sugar, lemon, salt and vitamin B1, which he has to consume, problems are caused because of vague expressions such as the instructions of the gendarmerie or warden chiefs, the decisions of the hospital administration, and the orders of the prison directorate.

"The air conditioner in the room is kept turned on constantly. Considering the time he left behind in the death fast, he feels very cold due to the low body resistance. When he wants to rest, he is not allowed to turn off the light in the room for security reasons.

"Despite the fact that dozens of gendarmes are waiting in front of his door and that he does not have the possibility to move fast in his current health condition, keeping the lights on and forcing him to sleep under the light which makes noise constantly and strains his eyes means stealing from his lifetime."

No hot water, no glass cups

"Ebru Timtik is subjected to the same conditions as well. In the place she is held, there is not even a bath like in the prison where she could meet her cleaning needs. There is no regular hot water, no hairdryer. She cannot meet her hygiene needs in the conditions of the epidemic.

"As a result of the death fast, there were wounds in her mouth and consumption of hot fluid is an indispensable need for her. In the hospital, she is given hot water with cardboard or plastic cups and she cannot use these due to the smell sensitivity caused by the death fast.

"Her request for being provided with the glass she used in the prison or another glass or porcelain cup has not been answered in 10 days."

(AS/VK)