Thirty-three bar associations demand death fasting lawyers' release
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Thirty-three bar associations, including those of the capital Ankara, İstanbul and İzmir, have released a joint statement about death fasting lawyers Ebru Timtik and Aytaç Ünsal, saying that the Court of Cassation should urgently overturn their sentence.
Demanding their "right to a fair trial," Timtik and Ünsal have been on a death fast since January 2 and February 2, respectively.
The 20 lawyers were sentenced to 159 years in prison for "practicing the lawyer profession," the statement said, referring to the trial of the Progressive Lawyers' Association (ÇHD).
"While the file that is currently at the Court of Cassation should be urgently examined and overturned, a verdict has still not been given.
"We all also know that Aytaç Ünsan and Ebru Timtik turned the hunger strike, which they started demanding 'a fair trial,' into a 'death fast' on April 5 Lawyers' Day.
"Although the Forensic Medicine Institute issued a report that 'they cannot stay in prison' as a result of its examination, we have also experienced and seen that the İstanbul 37th Heavy Penal Court decided that they would be treated while being forcibly kept in prison. With this decision, our two colleagues are still held against their will in unventilated cells called 'convicts' ward'."
"Today we know that Ebru and Aytaç are rapidly moving towards the irreversible. It is not only the lives of Ebru and Aytaç, but the right to defense itself is at risk. Because, the demand of our colleagues is the right to a fair trial, which is the need/demand of all citizens. Today, it is a responsibility to keep Ebru and Aytaç alive for everyone with a conscience.
"We, as the chairs of the bar associations, with this sense of responsibility, call on all officials to urgently release Ebru Timtik and Aytaç Ünsal in line with the Forensic Medicine Institution (ATK) [report] and with their release, we guarantee that we will insist our colleagues to reconsider the decision they have made about their lives."
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. |
(SO/VK)