Germany’s State Minister Roth: Kavala’s Ongoing Detention is a Clear Violation of ECHR

What happened?

On December 10, 2019, ECtHR gave a verdict of right violation for Kavala, who was detained on October 18, 2017 and arrested on November 1.

The ECtHR concluded that the European Convention on Human Rights (ECHR) was violated on the grounds that Kavala was arrested without any reasonable suspicion and with political motives and that the Constitutional Court did not examine his application within a reasonable period of time.

The Court concluded that the Articles 5/1 and 5/4 and Article 18 of the ECHR had been violated and ruled that Kavala should be released from prison immediately. The verdict emphasized that the arrest of Kavala was a right violation.

Turkey objected to this ruling on the last day on March 9, 2020.

Rights defender and businessperson Osman Kavala was the only arrested defendant of Gezi trial. He had been behind bars for 840 days. In the sixth hearing of the case on February 18, the court ruled for his acquittal and release.

Shortly afterwards, İstanbul Public Prosecutor's Office issued a detention warrant against him as part of another investigation. Following this detention warrant, Kavala was taken from Silivri Prison to the Anti-Terror Branch of İstanbul Security Directorate on the same day. Having deposed at the security directorate, Kavala was first referred to İstanbul Courthouse in Çağlayan with a request for his release, then he was arrested by the İstanbul 8th Penal Judgeship of Peace on Duty.

Speaking at the weekly group meeting of his party one day after the verdict of acquittal and release was given, President and ruling AKP Chair Recep Tayyip Erdoğan said, "The person that you know stirred up trouble at Gezi was behind bars, they attempted to acquit him with a maneuver." The Council of Judges and Prosecutors (HSK)also gave permission for an inquiry and investigation against the three judges of the İstanbul 30th Heavy Penal Court who gave the verdict of acquittal in Gezi trial.

In the verdict of arrest, it was indicated that there was strong criminal suspicion as to Osman Kavala's participation in the decision-making process of July 15 coup attempt in 2016. In the justification of the verdict of arrest, it was further stated that Kavala was allegedly in contact with Hanrey Barkey, a wanted suspect of the July 15 attempted coup investigation, and he had "suspicion of escape."

It was later understood that before this verdict of arrest was given by the İstanbul Penal Judgeship of Peace on Duty, Osman Kavala was ex officio released by the İstanbul Chief Public Prosecutor's Office on the same file on October 11, 2019 one the ground that "arrest was not a proportional measure to take."

While Osman Kavala was also arrested as part of a "political or military espionage" on March 9, 2020, he was released on coup charges on March 20.

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