ECtHR Rejects Gülmen, Özakça’s Request for Interim Measures For Release

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The European Court of Human Rights (ECtHR) has rejected the request for interim measures regarding the release of Nuriye Gülmen and Semih Özakça who are on a hunger strike to be reinstated to their jobs after being dismissed through a statutory decree issued under the State of Emergency.

The Court has also requested the Government to "ensure that adequate arrangements be put in place to assist the applicants in their day-to-day needs" and "to allow the applicants to consult doctors of their own choosing".

Reiterating its request to the applicants to "call off their hunger strike" the Court reminded the applicants that "it had decided to give priority to the examination of their applications and requested the applicants to inform the Court of any application that they might make to the national courts for their release".

"Detention on remand poses no real imminent risk to irreparable harm to life"

Stating that the Gülmen and Özakça's health situations were being monitored by doctors in Sincan Prison Hospital according to the information given by the Government, the court has explained the grounds of its ruling as follows:

"... [The Court] applies Rule 39 only where an applicant faces an imminent risk of serious and irreparable damage to life and limb. It examined the applicants' requests in the light of the medical reports and developments detailed above and it found that the applicants' detention at the Sincan Hospital did not pose a real and imminent risk of irreparable harm to the life or limb of the applicants.
"It therefore rejected the applicants' request that the Court order the Government to release them".

"ECtHR found that the State takes very good care of Gülmen and Özakça"

Peoples' Law Office representing Gülmen and Özakça criticized ECtHR's decision in a written statement and said:

"What we asked the Court to determine was very simple: Has arresting these two people on hunger strike who were declared members of a terrorist organization only for practicing their right to freedom of expression turned into a maltreatment for them? Does this pose a risk for their health situation?

"ECtHR with its decision has found that the state was taking very good care of Gülmen and Özakça, despite the medical reports of 24 expert doctors submitted in the file, there was no imminent risk to their life (although it is known that Nuriye had caught an infection after her arrest) and advised us to apply to a national court if we are not contented with the decision.

"This decision of the court is a disgrace in terms of the values of the European Convention on Human Rights it claims to represent". (AS/DG)