Statement of the People’s Law Office regarding the judgement of the Supreme Court on the imprisoned CHD lawyers…




Announcing the decision number on 3 September 2020, the 16th Criminal Chamber of the Supreme Court of Appeals announced its reasoned decision today (15 September 2020). The content of the aforementioned decision shows the point where the Supreme Court has come and that it makes a decision with instructions. The Supreme Court has trampled all of its principled decisions and jurisprudence, which it has formed over the decades, to uphold the sentences given to the lawyers of the people.

When the content of the decision is examined, it was decided to APPROVE all the prison sentences given for Lawyer Aytaç Ünsal, Lawyer Behiç Aşçı, Lawyer Aycan Çiçek, Lawyer Özgür Yılmaz, Lawyer Şükriye Erden, Lawyer Engin Gökoğlu, Lawyer Süleyman Gökten and Lawyer Naciye Demir.

The verdict of CORRECTION AND APPROVAL has been given for the prison sentences given to Lawyer Didem Baydar Ünsal, Lawyer Ahmet Mandacı, Lawyer Zehra Özdemir, Lawyer Yaprak Türkmen, Lawyer Ayşegül Çağatay and Lawyer Yağmur Ereren Evin.

Regarding the prison sentences given to Lawyer Barkın Timtik, Lawyer Ebru Timtik, Lawyer Selçuk Kozağaçlı and Lawyer Ezgi Çakır, the Supreme Court has ruled as follows. Because lawyer Ebru Timtik was martyred in the death fast action, it is necessary to DROP, and so OVERTURN the given sentence; On the other hand, a decision was made to OVERTURN the sentences given to lawyer Barkın Timtik, Lawyer Selçuk Kozağaçlı and Lawyer Ezgi Çakır.
When the justification of the decision in question is examined, it is obvious that the Criminal Procedure Code has been abolished by the Supreme Court. The Istanbul 37th High Criminal Court violated many principles and rules of the law. The Supreme Court legitimized these unlawfulness and lawlessness by saying “procedural deficiency that is not seen to affect the end”.

No statement was included in the justification of the decision regarding the violation of the right to defense and the failure to give the last word to the lawyers. Because the Supreme Court has no legitimacy and has no words to say, and it cannot say “it doesn’t matter” against such obvious violations of rights. For this reason, it acted as if they did not exist by not writing about the serious violations of the right to defense.

In the evaluation made regarding the demand of extension of inquiry, where the Istanbul 37th High Criminal Court ignored the law and created a concept of “time” which does not exist in law, the Supreme Court said: “Although it was obligatory to make a written statement about the demands for the extension of the prosecution, this practice was abandoned during the hearing and the lawyers were given the right to speak”. By saying this the Supreme Court did not make it a reason to overturn the sentences. By accepting situations in court which did not happen and did not take place in the court hearings, the Supreme Court has declared that the lawlessness’s have become law.

In the evaluation made regarding the demand of the dismissal of the judge, the Supreme Court did not make the serious violations of rights at the hearing a reason for overturning the sentences, and it justified this by saying “it will not affect the result”. Anonymous witnesses and fake digital evidence which were used unlawfully during the hearings were also accepted as “lawful”.

In the evaluation made regarding the attorney profession, no evaluation was made regarding the contents of the file, and the explanation part was completed by including the definitions of the law on the attorney profession. Statements indicating the performance of the attorney profession as a crime are included: words expressing that the right to defense is completely abolished. For example, “reminding the client of the right to remain silent” in the file; It has been evaluated with a phrase such as “acting in a protective act against the terrorist organization and its other members rather than protecting their individual rights and law”.

In addition, although the file regarding the death fast action carried out by Attorney Aytaç Ünsal was not related to the actual file, 4 pages of this decision was about the death fast action. The justification for the entire file is only 3 pages. This situation alone is an indication that the decision is unjustified and unlawful.

We know very well that this decision made by the Supreme Court has no legal aspect and it is one of the attacks on revolutionary attorneyship. Lawyers from all over the world wrote petitions for the file to be overturned and sent these to the Supreme Court. In addition, with the report named “fact finding” prepared by many international law organizations and many bar associations from Europe, the illegality in the file has been announced to the whole world. Therefore, our file has already been overturned in the eyes of the lawyers in Turkey and in the world.

Lawyer Ebru Timtik; resisted for a full 238 days for the right to a fair trial and is the “martyr of justice”, she died by sacrificing her life for the sake of the facts. With this decision, the Supreme Court once again declared that they were the murderer of Ebru Timtik and declared that although there were dozens of reasons for overturning the file, they decided to go down in history as an APPEALS OFFICE WHICH KILLED A LAWYER.

We know very well how the Supreme Court made this decision, and who they took orders and instructions from. It is no coincidence that the Constitutional Court members were threatened by the Minister of the Interior the day before this decision. It is no coincidence that the words of the President about the lawyer profession, the revolutionary attorneyship and lawyer Ebru Timtik were applauded by the members of the Supreme Court on September 1. It is not a coincidence that the Minister of Internal Affairs went to the President of the Supreme Court and told him “congratulations” while our file was still under review in the Supreme Court and then visited the Criminal Chambers. The decision in question has not been made in the rooms of the judges; but has been written in the ministry buildings of the political power.
This decision of the Supreme Court is null and void! The approval of these sentences is illegitimate before the eyes of the people of Turkey and the world. It has no validity. Approving the prison sentences given to our lawyer friends; it will only increase our strength and determination to resist. We are not hopeless. This unlawful decision cannot overshadow our victory, which we created with the resistance of death and which we present to the peoples of the world!

We are honored to defend the right to defense and to a fair trial. In the words of Lawyer Fidel Castro, who was tried in 1954;



People’s Law Office

Translation: Anadolu News Blog

, , , ,