ECHR's request for defence of Turkey comes just after strikers' condition gets critical

Previously having rejected the demands for releasing of the two educators, the ECHR has put an "urgent" code on their case
Nuriye Gülmen (L) and Semih Özakça (R).
Thursday, 12 October 2017 08:03

The European Court of Human Rights (ECHR) on Wednesday has put the case files of two hunger-striking educators in the process with an "urgent" code, after doctors say one of them was totally dependent on her bed. The court had ruled that the detention of the two educators "did not pose a real and imminent risk of irreparable harm to the life or limb of the applicants".

Academic Nuriye Gülmen and primary school teacher Semih Özakça have been dismissed from their posts by statutory decrees issued under the state of emergency after last year's failed coup against President Recep Tayyip Erdoğan.

ECHR also requested a defence from Turkey regarding the countersuit filed by Gülmen and Özakça against the Turkish government.

Having questioned the legality of the provisional arrests of Gülmen and Özakça, the ECHR asked for a comprehensive explanation from Ankara as to whether these decisions are made in accordance with the provisions of Article 100 of the Code of Criminal Procedure regarding the reason for arrest warrants.

The ECHR also questioned whether the justifications used by judges for the provisional arrest verdicts and the rejection of objections appealed to this decision were adequate and lawful.

On August 2, the court ruled that the detention of hunger-striking educators "did not pose a real and imminent risk of irreparable harm to the life or limb of the applicants". Doctors following their case said in June that the condition of the teachers - who have been on water, sugar, salt and vitamin B for more than 100 days - was approaching critical. Turkey's associations on medical, law and human rights issued a joint declaration, noting that the ECHR's decision is inappropriate since it does not regard the medical reports indicating to the life-threatening conditions.

The court told Turkish government, however, to allow doctors to examine the two teachers. "It, therefore, rejected the applicants' request that the court order the government to release them," the ECHR said. In return, the court called on Gülmen and Özakça to end their hunger strike.

Gülmen and Özakça have been on hunger strike for more than 200 days, demanding to be reinstated to their jobs. After their dismissal in late 2016, Gülmen and Özakça protested daily in central Ankara, then began a hunger strike on March 9. The Turkish AKP government targeted them because of their protest and hunger strike.