APPLICATION FOR EXAMINATION OF WHETHER DEATH FASTING LAWYERS IN TURKEY CAN BE RELEASED ON THE BASIS OF THEIR CRITICAL STATE OF HEALTH WAS ACCEPTED
THE LAWYERS EBRU TIMTIK AND AYTAC ÜNSAL SHOULD THEREFORE BE TRANSFERRED TO THE FORENSIC MEDICAL INSTITUTE FOR EXAMINATION. THEIR COLLEAGUES ARE MAKING EVERY EFFORT TO ENSURE THAT THE FORMALITIES FOR THE NECESSARY TRANSPORT ARE COMPLETED QUICKLY.
Yesterday, Monday, 27 July 2020, a request to the 37th Court for Serious Criminal Cases to order immediate measures and medical examinations for the death fasting lawyers Ebru Timtik and Aytac Ünsal and to obtain their release was accepted.
The two lawyers from the People’s Advocate’s Office (HHB) and the Association of Progressive Lawyers (CHD) were transferred today from prison to the Forensic Medical Institute.
Ebru Timtik has already been on hunger strike for 208 days, Aytac Ünsal for 177 days to defend fair trials and the independence of the judiciary. Both are in critical condition.
Nationwide, bar association presidents, lawyers as well as international lawyers’ associations and colleagues support their cause and stand up for their lives.
In this context, the People’s Law Office has published a statement, which we will forward to you in English:
LAWYER EBRU TIMTIK AND LAWYER AYTAÇ ÜNSAL HAVE BEEN ADMITTED TO THE FORENSIC MEDICAL INSTITUTION!
OUR LAWYER FRIENDS MUST BE RELEASED BEFORE
THEIR HEALTH GETS WORSE!
On Monday, July 27, the 16th Criminal Chamber of the Supreme Court decided that the 37th High Criminal Court was authorized for our request for the release of our lawyer friends and on the same day the 37th High Criminal Court decided that Ebru Timtik and Aytaç Ünsal should be sent to the Forensic Medicine Institution for examination.
Lawyer Aytaç Ünsal is on day 177 of the death fast resistance. Lawyer Ebru Timtik is on the 208th day of the death fast resistance. The release of our fellow lawyers is imperative because of the increased life risk of long-term hunger.
The said investigation started with a police operation against our office on September 12, 2017 and in the past 3 years we have experienced many unlawfulness and many violations of rights, especially the right to a fair trial. At the first hearing, all the lawyers who were jailed under the investigation were released, but with an intervention, arrest warrants were issued again after 10 hours.
The court board which decided for release was disbanded, and the replacement board violated many articles of the Criminal Court and sentenced 18 lawyers to 159 years of imprisonment in a trial which lasted 2 court hearings. This prison sentence was upheld without any examination by the Istanbul District Courthouse 2nd Criminal Division.
The law profession and the activities carried out within the scope of this profession were explicitly accused on the basis of the investigation and taking part in cases such as Soma, Berkin Elvan and Nuriye-Semih were also the reasoning for the charges.
Due to all these unlawfulnesses, 8 arrested lawyers started a hunger strike action on February 4, 2020. On the day of lawyers, April 5, the lawers Ebru Timtik and Aytaç Ünsal started the death fast resistance demanding “establishment of the right to a fair trial”. In the 4-month period since April, the 16th Criminal Division of the Supreme Court did not make decision yet, although the file was in the “review” phase.
On Friday, July 24, the lawyers of the defense and ourselves gave a petition to the 16th Criminal division of the Supreme Court and to the 37th Assize Court of Istanbul requesting the release of our lawyer friends and requesting the file to be examined and broken up immediately. Our colleagues did not leave the Supreme Court without an answer to the petitions which were demanding an emergency release.
Our colleagues, who went to the Supreme Court again on Monday, July 27, ended their waiting in front of the Supreme Court after they learned that the request for release was sent to the 37th Assize Court. On the same day, the Istanbul 37th Assize Court decided to transfer Ebru Timtik and Aytaç Ünsal to the Forensic Medical Institute.
The release of our lawyer friends is a must for the continuation of their lives. The necessary procedures for the release of Ebru Timtik and Aytaç Ünsal should be done as soon as possible and the decision to release should be made.
In addition, 8 lawyers are still under arrest, not including Ebru Timtik and Aytaç Ünsal. In the 16th Criminal Division of the Supreme Court; All the principles of the right to a fair trial have been revoked, the Criminal Court has violated the Law repeatedly, and the decision to release must be made on all of our detained lawyers.
Lawyer Ebru Timtik and Lawyer Aytaç Ünsal’s right to a fair trial is one of the most basic demands of all our people. With the support of all our friends who gathered and worked around this demand, Ebru Timtik and Aytaç Ünsal were sent to the Forensic Medicine Institute. Lawyers have to make their voices heard even more in order to get the release of Ebru Timtik and Aytaç Ünsal and our lawyer friends, and in order to also break up the file that is under the Supreme Court’s review. And we believe that our demand for justice will sound louder. We will win!
JUSTICE MUST BE GRANTED!
EBRU AND AYTAC MUST LIVE!
PEOPLE’S LAW OFFICE
Translation: Anadolu News Blog