Lawyer Ebru Timtik submits appeal to Court of Cassation over 'permanent witness'

In the death fasting lawyers' application to the Court of Cassation, bianet's reports on witness İ.Ö.'s petition in which he said he was hallucinating and his testimony shouldn't be taken into account were also included.

Ayça Söylemez

Lawyer Ebru Timtik submits appeal to Court of Cassation over 'permanent witness'

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A bianet report on İ.Ö., the "permanent witness," was cited in the Progressive Lawyers' Association's (ÇHD) application to the Court of Cassation.

Attorneys of Ebru Timtik and Aytaç Ünsal, two arrested lawyers on a death fast, and other lawyers who stood trial in the ÇHD case, made an application to the Court of Cassation 16th Penal Chamber, which currently examines appeals.

"A news text containing the psychological examination report saying that 'experiencing hallucinations and delusions were possible' for the witness named İ.Ö., whose statements were taken as the basis for the decision of conviction," was included in the petition of application.

CLICK - 'Permanent witness' to Court of Cassation: I hallucinate, don't take my testimony into account

Photocopies of the following reports were also presented to the Court of Cassation as attachments of the petition:

CLICK - 'I Became an Informant When I was 10'

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CLICK - Permanent informant İ.Ö. who tipped off his father 'lost in prison' (Turkish)

Testified as a witness in more than 100 cases, including the ÇHD case, where lawyers were sentenced to a total of 159 years in prison, had sent a petition to the Court of Cassation, saying that his testimony shouldn't be taken into account due to psychological reasons. Medical reports stating that İ.Ö. Would hallucinate were also included in the petition. The case that İ.Ö. sent the petition is the case that Nazım Şafak Korkmaz is also a defendant.

"Symptoms of paranoid schizophrenia"

In the petition, it was stated that the verdict of conviction regarding Ebru Timtik was mostly based on the statements of İ.Ö.

The revelation of the medical report dated March 11, 2011, which stated that it was possible for İ.Ö. to experience hallucinations and delusions and the İstanbul 37th Heavy Penal Court's rejection of the request for an inquiry about that "affected the case on the merit," lawyers said in the petition.

"We demand that the verdict of conviction, which was established without adequate investigation of the reliability of the witness statement that was taken as a basis to the verdict be reversed and that the clients be released by ending the arrest, which has been continuing for more than two-and-a-half years," the petition stated.

The lawyers further stated that they previously applied to both the local and the appeals court for the medical file of İ.Ö. To be requested from prisons, the identification of the drugs he used and an expert report on his mental health because he showed symptoms of paranoid schizophrenia, but their requests were not met.

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.

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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 held in Burhaniye Prison, lawyer Aytaç Ünsal has been on a death fast for 1803days while lawyer Ebru Timtik has been on a death fast in Silivri Prison for 214 days. Ünsal was referred to Silivri to be taken to the İstanbul Forensic Medicine Institution. Their case file is currently in examination by the 16th Penal Chamber of the Court of Cassation.

(AS/VK)

hunger strike death fast court of cassation vk i.ö. informant permanent witness

Ayça Söylemez

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Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Marmara Üniversitesi İletişim Bilimleri’nde doktora yapıyor. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.