ÊLIH - Serhat Ayar, who was detained in Êlih, was arrested despite his 84 per cent disability report. Lawyer Ahmet Şiray said: "Ayar must not be detained even for one day".

 

Serhat Ayar (31), who was detained in connection with the protests against the appointment of a trustee to Êlih (Batman) Municipality under the administration of Peoples' Equality and Democracy Party (DEM Party), was arrested on 8 November. Ayar, who has 84 per cent mental disability and has epilepsy, was arrested on the grounds of "participating in meetings and marches by carrying weapons and similar devices or making themselves unrecognisable and resisting to prevent the execution of duty".

 

PROSECUTOR INSISTED ON ARREST

 

 

Ayar's lawyer Ahmet Şiray stated that his client was subjected to violence at home. "He has an 84 percent mental disability report. When he was detained, we appealed to the prosecutor's office. He was taken to the forensic medixine doctor in the courthouse. After the doctor's interview, the police said 'he is legally insane' However, when he was taken to the prosecutor's office, we were informed that he has 'legal capacity'," he said. 

 

THE JUDGE MADE AN 'CONVICTION'

 

Şiray said: "An arrest warrant was issued after the video taken by the law enforcement officers was watched with the naked eye by the judge. Normally, a criminal investigation should be carried out. This decision is made as a result of the criminal investigation report. However, the judge used 'conviction' instead and issued an arrest warrant. When the arrest decision was issued, we showed the 84 percent disability report to the judge. The judge did not recognise the decision signed by 9 specialist doctors, including the chief physician, came to the conclusion that Ayar was mentally healthy. The judge refected science and used 'conviction'."

 

MEDICATION NOT GIVEN

 

 

Şiray stated that Ayar is being held in Batman Type T Closed Prison and met with his family on 21 November. "Ayar has seizures when he does not take his medication. His family stated that the medicines were not given to him. The medicines taken by the family were returned at the entrance of the prison. At this stage, he harms both himself and those around him. Ayar should not stay in prison even for a single day. This unlawfulness must end. We will appeal against his detention."

 

MA / Fethi Balaman