Ministry of Justice Sent ECtHR Ruling on Osman Kavala to Court Before Hearing

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The Ministry of Justice apparently sent the European Court of Human Rights (ECtHR) verdict of "right violation" and "immediate release" on Osman Kavala to the İstanbul 30th Heavy Penal Court one day before the fourth hearing of Gezi trial on December 24.

In the fourth hearing, the court ruled that the arrest of businessperson and rights defender Osman Kavala should continue on the ground that they had not yet received the ECtHR verdict. The court also ruled that the official letter of the Ministry should be awaited.

CLICK - Osman Kavala Not Released Despite ECtHR Ruling

Court saw the ECtHR verdict after the hearing

However, as reported by Can Bursalı from Independent Turkish, it has been understood that the Ministry of Justice sent the Turkish translation of the verdict to the İstanbul Chief Public Prosecutor's Office one day before the hearing to be delivered to the İstanbul 30th Heavy Penal Court before the end of business day.

Speaking at a TV program yesterday (December 25), Minister of Justice Abdulhamit Gül said that the ECtHR verdict on Kavala was translated by the Ministry and delivered one day before the hearing.

Addressing the questions of journalists about the local court's verdict on Kavala, Minister Gül stated the following:

"It would naturally not be right for me to comment on an ongoing investigation and prosecution. So, the Constitution, international agreements and all types of regulations are obvious. The judiciary is independent and impartial. Therefore, they will evaluate the process of an ongoing prosecution themselves. The court lodged a request for translation on Friday. Translations were done and delivered to court immediately as of Monday."

Moreover, the translation in question was opened by the İstanbul Chief Public Prosecutor's Office on 1.25 p.m., around half an hour after the hearing. In other words, the translation of the ECtHR verdict on Osman Kavala provided by the Ministry of Justice was seen by the court after it ruled for the continuation of his arrest.

Sönmez: ECtHR verdict presented at the hearing

Speaking to bianet about the issue, Hürrem Sönmez, one of the attorneys of the case, has indicated that the translation of the verdict was presented to court by the attorneys of the defendant during the hearing and added that the court should give a verdict of release:

"If the court had the will of release, it would have done it. Because the attorneys of the defendant presented the ECtHR verdict to court during the hearing. At this point, it is groundless to await an official letter from the Ministry of Justice. The Ministry of Justice said that 'they sent it immediately', but what matters is ultimately the will of the court.

"A judgement of awaiting the final ruling cannot be given, either. Because it was not a basis depending on finalization.

"Arrest in the course of trial is already an exception in criminal proceedings. Because, at this stage, arrest is a precaution, not a punishment. The ECtHR made a comprehensive examination about it, indicated that the arrest had no basis and ruled that he should be released immediately.

"The 'immediately' that I mention here is the 'immediately' that we all know. The court, which was supposed to make a comment in favor of freedom, made a comment in favor of arrest." (HA/SD)