ECtHR: Release Osman Kavala Immediately

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The European Court of Human Rights (ECtHR) has announced its judgement on Osman Kavala, who was detained on October 18, 2017 and has been behind bars for the last 769 days as part of Gezi trial.

The ECtHR has concluded that the European Convention on Human Rights has been 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 has concluded that the Articles 5/1 and 5/4 and Article 18 of the European Convention on Human Rights have been violated and ruled that Kavala shall be released from prison immediately. The verdict has emphasized that the arrest of Kavala is a right violation.

'We will request his release in shortest time'

Speaking to bianet, İlkan Koyuncu, one of the attorneys of Osman Kavala has stated, "It is quite obvious that a verdict of right violation has been given, but it is too soon to talk about it. It is a long verdict. We will make a statement after evaluating the verdict together with other attorneys in our office. We will make a request for his release in the shortest time possible"

ECtHR says 'Article 18 violated' for the 2nd time

Making a statement on Twitter, Ramazan Demir, one of the attorneys of imprisoned former Peoples' Democratic Party (HDP) Co-Chair Selahattin Demirtaş, has indicated that after its verdict on Demirtaş, it is the second time that the ECtHR has concluded that the Article 18 of the European Convention on Human Rights has been violated.

"It has been once again indicated that the trials and arrests have political motives. Let us see what will be done to not implement the Kavala verdict", Demir has further stated on social media.

What does the ECHR say?

Article 5 - Right to liberty and security

Article 5/1

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a
competent court;

(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition

Article 5/4

Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

Article 18 - Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

What happened?

On June 8, 2018, Osman Kavala appealed to the ECtHR via his attorneys, indicating that this pre-trial detention violates that Article 5 (Right to Liberty and Security) of the European Convention on Human Rights and that the verdict of arrest against him was given with political motives.

Anadolu Kültür Inc. Executive Board Chair Kavala is the only arrested defendant in 16-defendant Gezi Trial, which started on June 24, 2019.

About Osman Kavala

Kavala was born in Paris in 1957. He graduated from Department of Economy at Manchester University.

He has been working as executive at Kavala Group since 1982.

He participated in the foundation of Turkey's one of the most prominent publishing houses, İletişim Publications, with Murat Belge.

He served as member of administrative boards of business institutions and NGOs such as Turkey-Poland Business Council, Turkey-Greece Business Council, and Center For Democracy in Southeast Europe.

Kavala is a member of Turkish Economic and Social Studies Foundation (TESEV) Administrative Board, Open Society Institute Consulting Board, and supporter of Helsinki Citizens' Assembly, History Foundation and Diyarbakır Culture House.

(HA/SD)