Application to Court of Cassation for Lawyer Ebru Timtik

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The attorneys of arrested lawyer Ebru Timtik have applied to the 16th Penal Chamber of the Court of Cassation and requested her release.

Sentenced to 13 years, 6 months in prison in the lawsuit filed against the Progressive Lawyers Association (ÇHD), Timtik has been on a death fast for her right to a fair trial for 139 days as of today (May 20). Her colleague Aytaç Ünsal has also been on a death fast for 108 days.

As reported by daily Cumhuriyet, the petition of the attorneys to the Court of Cassation has referred to the prison conditions amid novel coronavirus (COVID-19) outbreak and the risks that they will pose to her already weakened immune system and health condition:

"Prison conditions pose a life-threatening risk to my client due to the pandemic that we are currently in. Considering that her body has already thinned a lot and her immune system has completely collapsed, it will be highly difficult for her to recover from a possible disease. Tomorrow might be too late. It is not possible to bring life back and when there remains no chance to make amends for injustice, words will also be no longer meaningful."

Petition refers to unjust points in the trial

The petition has also listed the unlawful acts in the hearings of the lawsuit where Timtik and her 19 other colleagues were put on trial.

CLICK - Bar Association Chairs: Do You Know How Lawyers Sentenced to 159 Years in Prison?

Reminding the Court of Cassation that Ebru Timtik has been on a death fast, the petition of her lawyers has emphasized that the court must decide immediately when Timtik is still healthy and alive.

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 - Judge First Upheld the Sentence, Then Examined the File

The Chief Public Prosecutor's Office of the Court of Cassation expressed 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.

Lawyer Ebru Timtik, an executive of the ÇHD, and lawyer Aytaç Ünsal, a member of the ÇHD, have gone on a death fast for the right to a fair trial. (AS/SD)