Amnesty International: Indictment against Osman Kavala 'absurd'

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Following the acceptance of a new indictment against businessperson and civil society figure Osman Kavala, Amnesty International's Europe Director Nils Muiznieks said that the indictment was "absurd."

"Having been in prison for almost three years, Osman Kavala is now facing a new trial under an absurd new charge of 'espionage'," he said.

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"With this new indictment, Osman Kavala faces a life sentence without the possibility of parole as well as up to an additional 20 years for 'espionage'. Kafkaesque is an overused cliché but in the case of Osman Kavala, it is chillingly apt.

"The European Court of Human Rights ruled last December that Osman Kavala's prolonged pre-trial detention was unlawful and served an 'ulterior purpose'. Yet, Turkey refuses to implement the binding judgment and to release him.

"Once again, we call on Turkey to end the shameful injustice that Osman Kavala has been subjected to, by freeing him from prison and dropping these manifestly vindictive proceedings against him."

What happened?

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

Announcing its ruling on Kavala on December 10, 2019, the ECtHR concluded that his rights were violated by his imprisonment.
The ECtHR concluded that the European Convention on Human Rights 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.

This ruling became final on May 12, 2020. While this ruling has not yet been put into effect, the Committee of Ministers of the Council of Europe made a call to Turkey about the final ruling of the ECtHR and urged Turkey to implement the ECtHR's ruling of right violation and to release him.

(HA/VK)