Nuriye Gülmen and Semih Özakça, 2 educators who are victims of Emergency Decrees which unlawfully left them unemployed, and who in return were in the 75th day of their hunger strike were detained this past Sunday, by way of barging into their homes. Following a day in the detention center, they have been arrested today.
Public Prosecutor’s Office who initiated charges against Nuriye and Semih but who could not find any basis for their arrest for “membership of a terror organization” had prepared another charge against them, the reasoning behind being: “Organizing protests similar to Gezi and Tekel Protests“.
Following Gülmen and Özakça’s detention police forces started attacking to citizens standing in solidarity with the educators mainly in Kızılay district. They later covered the Declaration of Human Rights Statute with barriers as though “Arresting The Statute” as well.
Criminal Charges are Unfounded, the true intention is to forcefully end the hunger strike
Regarding the detain of Nuriye and Semih, all lawyers we’ve talked to were in the opinion that the government being afraid of the support the protests has gathered all across Turkey, was attempting to both isolate these 2 educators from the public eye and to forcefully end their 75 day long hunger strike.
During the hearings Nuriye and Semih stood at yesterday, lawyers anticipated that the judges will use the article 82 of “The Law Concerning the Execution of Sentences and Security Measures” allowing them to forcefully feed those who are arrested according to the 116th article of the same law. This article allows forensic practitioners to initiate a “Forceful Feeding” procedure following a doctor’s report proving that the condition of “vital danger or sensory loss”.
However there are two critical problems regarding this, one being medical the other being legal;
“Forceful Feeding” Is Completely Against the Ethics of Medicine
Firstly, “Forceful Feeding” on people like Nuriye and Semih who have been in a hunger strike for more than 75 days could result in irrevocable harm on bodies. However, this procedure is carried out in Turkish prisons since 1990s to “sentence and punishment” those who are in hunger strikes. This is why globally, according to Medical Associations forceful feeding of a person without their will is not ethical and is in direct violation of Hypocrathic Oath causing the hunger strikers to become permanently disabled.
“Arrest Due to Hunger Strike and Forceful Feeding” is in violation of European Convention of Human Rights
The only situations where “forceful feedings” are considered appropriate in universal medical and legal world is when the person is not mentally stable and is being forced to go on a hunger strike, therefore not having a free will. Regardless of the corrupted legal system in Turkey which gave this verdict upon “instructions”, without considering any evidences nor health conditions is deemed null and void according to international law, given that the “Convention of Human Rights” is the highest in hierarchy of norms concerning the case. Thus, taking in consideration that the sole reason of this arrest is ending the hunger strike, the current situation is in direct violation of Article 3 of EcoHR and the relevant case law, which may result in severe legal sanctions against Turkey.
Here are the Questions asked by the Court; Verdict already Given…
“A video of you playing the guitar and singing was shared and you liked it on social media, did it occur to you those who shared could be members of a terrorist organisation?”
“What is the true intention of these protests that are masked as an innocent search for justice?”
“Do you plan on initiating Gezi protests by way of forming solidarity country-wide?”
“What do you aim with these protests, far from a search for justice, which ignites hatred among the public?”
“What kind of benefits are you offered in order to carry out a hunger strike?”