Italian Association of Criminal Lawyers – UCPI: release lawyers Saral, Hendekci and Cinkara

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On Day of the Endangered Lawyer, the Italian Association of Criminal Lawyers – UCPI sent a letter to the Ministry of Justice of Turkey with respect to lawyers Esra Uymaz Saral, Ozge Elif Hendekci and Büşra Erdal Cinkara, all of whom are women lawyers who have been imprisoned, and urged Turkey to release them immediately.

With the letter dated 24 January 2020, the UCPI urged the Turkish Government to

  • release Lawyers Esra Uymaz Saral, Ozge Elif Hendekci and Busra Erdal Cinkara;
  • stop the unlawful practices of detention (i) of pregnant women/women with young children; (ii) based on the use of the ByLock App;
  • comply with fundamental rights, international conventions and obligations, and ensure compassion, sensitivity and respect towards such vulnerable persons.

To read letter click here
Esra Uymaz Saral is pregnant; Ozge Elif Hendekci and Büşra Erdal Cinkara are imprisoned with their infants. All of them face health challenges as a result of their imprisonment.
  • Art. 16 of (Turkish) Law no. 5275 [1],
  • Article 37 (b) of the Convention on the Rights of the Child [2],
  • General Comment No. 14 (at para. 61) of the UN Committee on the Rights of the Child [3],
  • The UN General Assembly Global Study on Children Deprived of Liberty [4],

any measure which causes deprivation of liberty of children were unlawful. 


[1] “Custodial sentences which may be given to pregnant women and women with a child younger than 6 months old shall be suspended.”

[2] No child shall be deprived of his or her liberty unlawfully or arbitrarily.”

[3] Given the gravity of the impact on the child of separation from his or her parents, such separation should only occur as a last resort measure, as when the child is in danger of experiencing imminent harm or when otherwise necessary; separation should not take place if less intrusive measures could protect the child. Before resorting to separation, the State should provide support to the parents in assuming their parental responsibilities, and restore or enhance the family’s capacity to take care of the child, unless separation is necessary to protect the child.”

[4] 115. When a primary caregiver of a young child is convicted of a criminal offence, judges should prioritize non-custodial solutions.
116. If imprisonment is unavoidable, individualized assessments of the child’s best interests should inform any decision about whether and when a child should accompany a caregiver in prison or be separated from her or him. This applies to children born prior to the criminal justice proceedings, as well as to those born to an imprisoned mother”.

Conclusions”


 

Related new: LRWC urged Turkey to release woman lawyers Saral, Hendekci and Cinkara



Categories: International Advocacy, Unjust / Wrongful Convictions

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