Statement from the lawyers in the case in Dusseldorf
Press release by the defence: 13.12.23
Criminal proceedings against alleged members of the DHKP-C before the Düsseldorf Higher Regional Court:
Düsseldorf Higher Regional Court rejects release from prison for treatment of Ihsan Cibelik’s cancer in freedom.
The defence of the revolutionary artist and member of the internationally renowned music group “Grup Yorum” accused in the above-mentioned proceedings had applied for his release from prison – at least temporarily – so that the surgical removal of the prostate carcinoma he had been diagnosed with in prison could be carried out in a specialist clinic of his choice and under his own responsibility.
In a decision dated 12 December 2023, the 7th Criminal Senate of the Düsseldorf Higher Regional Court rejected the application for release from prison and ordered continued detention (case reference: III-7 StS 1/23). With this decision, the senate denied Mr Cibelik the immediate performance of the operation, i.e. the treatment which, according to undisputed medical opinion, offers the only chance of an immediate and complete recovery. Observation with three-month check-ups jeopardises the life of a prostate cancer patient, because the possible spread of cancer cells at any time rules out a cure.
Furthermore, if Mr Cibelik is granted the desired operation, continued detention will place further treatment in the prison’s area of responsibility, which will considerably delay treatment.
The Senate thereby accepts a worsening of the illness. The prison could organise an operation “in the medium term” at a clinic designated by the prison – the same prison that took around 15 months just to carry out the biopsy that had already been scheduled when Mr Cibelik was imprisoned. The Senate’s decision disregards his fundamental rights to life and health under Article 2 (2) of the Basic Law and his human dignity guaranteed in Article 1 of the Basic Law.
The patient’s right to choose which therapy to undergo must be fully guaranteed and is more important than alleged grounds for detention in order to hold a trial.
Anna Busl, lawyer, Bonn; Roland Meister, lawyer, Gelsenkirchen,
Yener Sözen, lawyer, Gelsenkirchen,
Rainer Ahues, lawyer, Bremen, Frank Jasenski, lawyer, Gelsenkirchen,
Heinz Schmitt, lawyer, Duisburg
Enclosure: Press release from the defence of Ihsan Cibelik dated 08.12.2023
Press release of the defence of Ihsan Cibelik:
08.12.23
Criminal proceedings against alleged members of the DHKP-C before the Düsseldorf Higher Regional Court:
The appropriate treatment of our client Ihsan Cibelik’s cancer requires his immediate release from prison!
The revolutionary artist and member of the internationally renowned music group “Grup Yorum” has been charged in the above-mentioned proceedings and has therefore been in custody since 18/05/2023 (Cologne Prison). After he had already pointed out at the time of his arrest that a biopsy planned on suspicion of prostate cancer could not be carried out due to the arrest, it took until 6 September 2023 for the biopsy to finally be carried out by the prison. The existence of a prostate carcinoma was established
After receiving the results and medical advice, Ihsan Cibelik decided in favour of immediate surgical removal of the prostate. According to medical assessment (see attachment), this is the treatment that offers a 90% chance of recovery at this stage of the disease. The decision to have the operation was communicated to the Higher Regional Court and the Federal Public Prosecutor’s Office in a public hearing on 26 October 2013 and it was requested that Ihsan Cibelik be given appropriate medical treatment outside of pre-trial detention.
Despite its duty of care for Ihsan Cibelik’s health, the Higher Regional Court then referred to the alleged responsibility of the prison. On 13.11.23, the defence expressly applied to the Higher Regional Court for release in order to carry out the operation. On 4 December 2023, the Attorney General has now requested that this application be rejected. He justified this by stating that our client could evade the proceedings by escaping despite his illness.
This is completely absurd. Our client’s artistic activities, his countless public appearances in front of thousands of listeners define his personality. All of this would no longer be possible if he were wanted for the next 20 years on an international arrest warrant and had to expect to be arrested at any time during a concert or performance. What is outrageous, however, is the cynical way in which our client’s fundamental right to life and health is being dealt with.
By claiming that the risk of the disease worsening would be the same in freedom as in further imprisonment, the Attorney General believes he can point out to our client that the prison could organise an operation date “in the medium term” – even though no one can currently say whether the cancer has already metastasised – which would almost rule out a chance of recovery – or how quickly this will develop. In freedom, the operation could be performed within around two weeks. The centre of the disease would be removed and at the same time it would be clear whether the cancer has already progressed.
In view of this, anyone who thinks they can refer our client to an operation organised by the prison in the “medium term” is irresponsibly gambling with Ihsan Cibelik’s health and life. We therefore insist on the immediate release of Ihsan Cibelik from pre-trial detention in order to restore his health on his own responsibility.
Frank Jasenski, lawyer, Gelsenkirchen
Heinz Schmitt, lawyer, Duisburg
