EU: Gezi Park Indictment Creates a Climate of Fear

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The European Union (EU) has released a written statement regarding the Gezi Park incident which demands life imprisonment for 16 people, including businessperson and civil society figure Osman Kavala.

The indictment "cast serious doubts as to whether the judicial process in Turkey respects the principle of the presumption of innocence and right to a fair trial," said Spokesperson for Foreign Affairs and Security Policy, Maja Kocijancic.

CLICK - Osman Kavala, 15 Rights Defenders Facing Life Sentence Over Gezi Park Protests

"Systematic delays, detentions with insufficient evidence"

Here is the full text of the statement:

"The indictments announced yesterday against Osman Kavala and 15 others raise questions as to the adherence of the Turkish judiciary to international and European standards.

"Using the 2013 Gezi Park protests to seek life sentences lacks credibility, creates a climate of fear and discourages peaceful assembly. Systematic delays, detentions with insufficient evidence, and criminal prosecution of people exercising their fundamental right to freedom of expression and right of assembly cast serious doubts as to whether the judicial process in Turkey respects the principle of the presumption of innocence and right to a fair trial.

"Moreover, the 18 February convictions of journalists from the Cumhuriyet newspaper run counter to the principles of freedom of expression and media freedom, cornerstones of any democratic society.

"As a signatory of the European Convention on Human Rights and as a member of the Council of Europe, Turkey has committed to respect the principle of the presumption of innocence and the proper application of pre-trial detention.

"Detention of journalists, members of parliament, human rights defenders and academics, often without indictment, for exercising a personal and professional right to free expression, is not in line with Turkey's obligations."

What happened?

In raids conducted on November 16, 2018, Prof. Dr. Betül Tanbay, Prof. Dr. Turgut Turhanlı, Anadolu Kültür's Deputy Board Chair Yiğit Ekmekçi, Board Member Ali Hakan Altınay, General Coordinator Asena Günal, film producers Çiğdem Mater and Meltem Aslan, civil society employees Yiğit Aksakoğlu, Filiz Telek, Bora Sarı, Yusuf Cıvır, Ayşegül Güzel, Hande Özhabeş were detained.

Hande Özhabeş, Prof. Dr. Turgut Tarhanlı, Asena Günal ile Bora Sarı and Meltem Aslan were released at night after testimonies. Prof. Dr. Betül Tanbay, Yiğit Ekmekçi, Hakan Altınay, Yusuf Cıvır, Ayşegül Güzel and Çiğdem Mater were released on November 17.

Yiğit Aksakoğlu, who was doing civil society studies at the Bilgi University, was arrested.

Anadolu Kültür Board Chair Osman Kavala has been arrested without an indictment since November 1, 2017.

The bill of indictment was prepared for the case of the Gezi Park protests on February 20. The Prosecutor's Office requested life imprisonment for 16 people, including Osman Kavala, who has been arrested for 477 days and Yiğit Aksakoğlu, who was arrested on November 16, 2018.

The other persons who are charged with "attempting to overthrow the government" are Ali Hakan Altınay, Ayşe Mücella Yapıcı, Ayşe Pınar Alabora, Can Dündar, Çiğdem Mater Utku, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekçi, Memet Ali Alabora, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman and Yiğit Ali Ekmekçi.

While the İstanbul Chief Public Prosecutor's Office did not share the full text of the indictment with the public, it briefed the reporters on the case at a meeting at the İstanbul Courthouse. Accordingly, the 657-page indictment requests life imprisonment for all of the defendants. The indictment asserts that the defendants have prepared for the Gezi Park protests since 2011 and the 16 people constitute the "top management."

The indictment accuses the 16 people of "being the indirect perpetrators of the attempt to overthrow the government (Turkish Penal Code 312/2) through violence" because of "their acts regarding the organization and financing of the insurrection attempt which was staged in 2013."

(AS/VK)