‘State is obligated to protect right to life’

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The Unity for Democracy (DİB) has released a statement about arrested lawyers Ebru Timtik and Aytaç Ünsal, who have been on a death fast for their right to a fair trial and are currently hospitalized in İstanbul.

The statement of the platform has noted that human rights organizations, bar associations, medical chambers and international organizations define the current health conditions of Timtik and Ünsal as "critical."

It has also said that their conditions have come to such a point that the Justice Minister should use his initiative for them.

The statement of the platform briefly reads as follows:

"It has become a joint request of the public that the lawyers, who have not been released despite the report of the Forensic Medicine Institution, indicating that they cannot stay in prison, and who are under surveillance in different hospitals, must be released as they have entered the critical stage of their death fast, also considering the Forensic Medicine Institution report.

"Reminding that it is an obligation of the state to protect the right to life, we, as democracy forces, voice the joint demand for urgent steps to be taken to ensure that the lawyers are sent home and they are tried in a fair trial in a way which is consistent with human dignity."

What happened?

Announcing its verdict in the lawsuit filed against the Progressive Lawyers Association (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. Among them were also Ebru Timtik and Aytaç Ünsal, who were sentenced to 13 years, 6 months and 10 years, 6 months in prison respectively on charge of "organization membership."

The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected the objections and sent the file to the Court of Cassation.

On a death fast in prison for their right to a fair trial, arrested lawyers Ebru Timtik and Aytaç Ünsal were not released despite a Forensic Medical report indicating that "they were not in a state to stay in prison." Shortly afterwards, they were taken to two separate hospitals on July 30.

An application was made to the Constitutional Court for arrested lawyers Timtik and Ünsal on August 10, 2020.

Rejecting death fasting lawyers' request for release, the Constitutional Court neither examined the medical reports nor their statements on not being treated at hospital. "There is no serious danger posed to their material or immaterial integrity," it has concluded. (EKN/SD)