The Forensic Medicine Institute (ATK) said in its report about lawyers Ebru Timtik and Aytaç Ünsal that they cannot remain in prison given their quickly worsening health situation.

The two lawyers have been on death fast demanding a fair trial. Despite the ATK report, they were forcibly taken to hospital while the 37th High Criminal Court decided against their release.

IHD co-chair Öztürk Türkdoğan talked to ANF about the lawyers’ situation and said he hoped that “the 38th High Criminal Court would reverse the decision to keep Timtik and Ünsal in prison.”

Noting that the court did not release the lawyers, but instead forcibly took them to hospital, Öztürk pointed out that the Turkish Medical Association (TTB) has a protocol for situation such is this and added that this protocol should be followed. Öztürk pointed out that a forced intervention without the consent of the lawyers will lead to much worse results.

Stating that the trial of the lawyers of the Contemporary Lawyers Association (ÇHD) and the People's Law Office (HHB) is not in line with the state of law and the principles of fair trial, Türkdoğan pointed out that the trial continued because of the pressure of the Ministry of Internal Affairs. Recalling that it was stated in Article 38 of the Constitution that no one can be declared guilty without a final court decision, Türkdoğan emphasized that in fact what is at stake is precisely the right to innocence.

Reminding that the lawyers are on death fast demanding a fair trial, Türkdoğan added that they are on trial only on the basis of the statements by one person. Stating that there is a double standard here, Türkdoğan said: “The same confessors also had cases in Ergenekon and Sledgehammer operations. The Supreme Court and the Constitutional Court found these confessors' statements illegal and decided to annul them. Now why is this criterion not applied when it comes to Kurds, left people and lawyers?"

Reminding the ruling of the European Court of Human Rights (ECtHR) regarding Osman Kavala and Selahattin Demirtaş, Türkdoğan said: “These rulings said that people were arrested for political reasons. The file where the lawyers are tried is the same because, as I just mentioned, the Ministry of Internal Affairs has made them a target, and the courts have been under the influence of this and issued arrest warrants as a result of this pressure. In response, lawyers started a hunger strike and then a death fast, demanding a fair trial.”

Pointing out that this period is a period in which the judiciary is under the influence of the political power more than ever before, Türkdoğan added that “the rule of law has actually disappeared in this period.”

Türkdoğan underlined that the lawyers have crossed the critical threshold and added that Ebru Timtik and Aytaç Ünsal are in a life-threatening condition and should be released immediately.

Türkdoğan stressed that otherwise, any negative outcome will be a shame not only for this power but for the whole society.