Death fasting lawyer Aytaç Ünsal released
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* Photo: Emre Erman
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On a death fast for his right to a fair trial for 213 days as of today (September 3), death fasting arrested lawyer Aytaç Ünsal has been released.
The People's Law Bureau (HHB) has shared the video showing the moment when Ünsal left the Kanuni Sultan Süleyman Training and Research Hospital in İstanbul, attaching the note, "Big are the hands of the people, their strong hands; we love you very much, too, Aytaç":
"Büyüktür halkın elleri, güçlü elleri"
— Halkın Hukuk Bürosu (@halkinhukuk_) September 3, 2020
Biz de seni çok seviyoruz Aytaç. pic.twitter.com/96KEwA9tdG
In the video, Aytaç Ünsal is heard to be saying, "It has happened thanks to the labor and love of you all, it has happened because you have laid claim to it. I love you all very much, we will win."
Court of Cassation has ruled for his release
The 16th Penal Chamber of the Court of Cassation has ruled that death fasting arrested lawyer Aytaç Ünsal shall be released.
In its official letter notified to the Bakırköy Chief Public Prosecutor's Office, the Court of Cassation has referred to the medical report of the İstanbul Forensic Medicine Institution indicating that Aytaç Ünsal cannot stay in prison due to his deteriorating health condition.
As reported by Gazete Duvar news website, in line with this report, the 16th Penal Chamber of the Court of Cassation has ruled that the execution of Ünsal's sentence shall be halted until he recovers and he shall be released if he is not arrested or convicted in another case.
The 16th Penal Chamber of the Court of Cassation has then notified this decision to the prosecutor's office, indicating, "...[a]s it has been understood that the continued stay of the defendant in prison conditions will be life threatening; as per the Article 16/2 of the Law no. 5275, it has been ruled that the execution of the sentence shall be halted until the defendant recovers and it shall be ensured that the defendant be immediately released if he is not arrested or convicted on another charge..."
HHB: Those who did not release Ebru Timtik...
The ruling of the court has been shared with the public by the People's Law Bureau (HHB) on Twitter: "With its ruling dated today, the 16th Penal Chamber of the Court of Cassation has released the lawyer of our bureau Aytaç Ünsal. With this ruling, those who did not release Ebru Timtik have once again declared that they are the murderers of our Ebru."
Sharing another post on Twitter at 8 p.m. today, the HHB has said, "We are going to Kanuni Sultan Süleyman Hospital to take Aytaç." The HHB has also invited all loved ones of Aytaç in front of the hospital.
Hospitalized in Kanuni Sultan Süleyman Training and Research Hospital, a pandemic hospital in İstanbul, arrested lawyer Aytaç Ünsal has been on a death fast for a fair trial for 213 days.
What happened?
On a death fast for a fair trial, Ebru Timtik, one of the death fasting arrested lawyers, was held in the Dr. Sadi Konuk Training and Research Hospital in Bakırköy, İstanbul. On a death fast with the same demand, arrested lawyer Aytaç Ünsal was also held in Kanuni Sultan Süleyman Training and Research Hospital, a pandemic hospital in İstanbul.
Ebru Timtik lost her life on August 27, the 238th day of her fast.
Charged with "membership of the organization," Ebru Timtik was sentenced to 13 years, 6 months in prison and Aytaç Ünsal to 10 years, 6 months. The case filed against the lawyers of the Progressive Lawyers Association (ÇHD) is still pending the final verdict of the Court of Cassation.
An application was made to the Constitutional Court for arrested lawyers Timtik and Ünsal on August 10, 2020.
The application to the supreme court noted that "while they should have been released based on the reports prepared by the Forensic Medicine Institution, they were unjustly and unlawfully arrested and their health conditions were deteriorating in hospital conditions where they were held."
Within this context, the attorneys of Ünsal and Timtik requested that the Constitutional Court write an official letter to the local court, ordering the release of arrested lawyers as a precaution.
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 concluded.
The İstanbul Forensic Medicine Institution announced its report on lawyer Ebru Timtik and Aytaç Ünsal on July 30, 2020 and said that neither of them was in a state to stay in prison. (EKN/SD)