From Kavala’s attorney to state-run news agency: Presumption of innocence violated

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The Anadolu Agency (AA) published a news report entitled "The famous figures of the FETÖ were also brought to account" yesterday (July 14).

Published by the state-run AA on its website ahead of the fourth anniversary of the attempted coup on July 15, the report also referred to arrested businessperson and rights defender Osman Kavala in mentioning the "famous figures" of the Fethullahist Terrorist Organization (FETÖ), which is held responsible for the failed coup attempt in 2016.

Köksal Bayraktar, one of the attorneys of Kavala, has responded to this report, noting that the presumption of innocence is being violated.

Reference to ongoing investigations

In the news report, the AA referred to Kavala, who has been been behind bars for almost 1,000 days, in following words:

"There is also an ongoing investigation against Anadolu Kültür Inc. Executive Board Chair Osman Kavala on charges of 'espionage' and 'attempting to abolish the Constitutional order' with regards to the July 15 coup attempt of the FETÖ. Kavala has been arrested as part of this investigation on charge of 'military or political espionage'."

Kavala's attorney: It is contrary to facts

In response to this news report, Dr. Köksal Bayraktar, an attorney for Osman Kavala, has released a written statement.

"On July 14, 2020, Anadolu News Agency reported a news on its website that was completely contrary to facts as well as the personal rights and liberties of our client Osman Kavala," Bayraktar has said, adding that "this report was intensified after it was reported further by some media outlets."

"In this biased and misleading online news entitled 'The famous figures of the FETÖ were also brought to account,' the name of our client Mr. Kavala was mentioned side by side with some economic groups that neither Kavala nor his financial activities had anything to do with," the statement has read.

'He has never had links with the FETÖ'

Attorney Bayraktar has noted that Osman Kavala "has never and in no way had any links with the FETÖ/PDY," or the "Parallel State Structure."

"In no way did he participate in the activities of the FETÖ/PDY. He did not have the tiniest connection with this unlawful and illegal terrorist organization," the attorney has underlined further and added:

"It is utterly wrong and intentional that the Anadolu Agency referred to our client's name among the groups that wrere put on trial over their links with the FETÖ/PDY terrorist organization.

"Moreover, in the lawsuit filed against Mr. Kavala due to Gezi incidents as per the Article 312 of the Turkish Penal Code (TCK), the İstanbul 30th Heavy Penal Court handed down a ruling of acquittal on February 18, 2020.

"Alleging that there is an ongoing investigation on charge of attempting to abolish the constitutional order in spite of this means the denial of a truth that has been determined by independent judicial bodies."

'We will take legal action'

Within this context, the attorney has underlined that "everyone has the right to presumption of innocence within their rights and freedoms" and added, "The report of Anadolu Agency violates presumption of innocence."

Accordingly, Köksal Bayraktar has announced that "they will take the necessary legal actions" about the news report in question.

About Osman Kavala

Businessperson Osman Kavala, who was on his way back from Antep, was taken into custody at İstanbul Atatürk Airport on October 18, 2017.

On November 1, 2017, it was announced that Kavala was arrested on charges of "attempting to change the Constitutional order and to overthrow the government." In the official document referring him to court with a request of arrest, it was alleged that he was the head and financier of Gezi.

The sixth and final hearing of the lawsuit filed into Gezi resistance was held at the İstanbul 30th Heavy Penal Court in Silivri on February 18, 2020.

Announcing its ruling after the statements of defendants and their attorneys, the court board has ruled that Osman Kavala, Mücella Yapıcı, Can Atalay, Tayfun Kahraman, Ali Hakan Altınay, Yiğit Aksakoğlu, Yiğit Ali Ekmekçi, Çiğdem Mater Utku and Mine Özerden shall be acquitted as "there was no concrete and material evidence as to the committal of the offenses charged." The court has also ruled that businessperson and rights defender Osman Kavala, the only arrested defendant of the case, shall be released.

Osman Kavala was the only arrested defendant in 16-defendant Gezi Trial, which started on June 24, 2019. Having been acquitted in this trial, Kavala was arrested again, this time on charge of "political or military espionage." Kavala is still held in Silivri Prison in İstanbul. (PT/SD)