‘It is the Judicial System of Turkey That Has Lost its Independence’

Click to read the article in Turkish / Kurdish

Businessperson Osman Kavala, who has been behind bars due to Gezi Park protests for the past 708 days, has not been released after his third hearing at the İstanbul 30th Heavy Penal Court yesterday (October 8).

Kavala's lawyers Köksal Bayraktar, Tolga Aytöre and İlkan Koyuncu held an evaluation meeting in Beyoğlu, İstanbul today.

CLICK - Gezi Trial: Arrest of Kavala to Continue

Bayraktar: Three different judges presided so far

Taking the floor at the meeting, lawyer Köksal Bayraktar reminded that the Presiding Judge of the court has changed for three times so far:

"While Kavala was still arrested, the process before the first hearing was run by a different presiding judge. Two consecutive hearings were held in Silivri. When we went there, we saw that the judge changed. A third presiding judge who was not there in the previous hearings was brought. In the next hearing, we again saw that the presiding judge changed."

Underlining that "Gezi trials has been presided by three judges so far", Bayraktar indicated that "the judge who presided the second hearing expressed a dissenting opinion to the interlocutory ruling and stated that Osman Kavala should be released".

"However, as two judges who were members to the court board objected to his release, Osman Kavala was not released. This judge also changed afterwards", Köksal Bayraktar added.

'Only a single judge has not changed'

"We saw that only a single judge has not changed in this process", Bayraktar underlined and indicated that this judge was the one who expressed opinion that the arrest of Kavala should continue.

Referring to the bill of indictment of the case, Bayraktar also stated, "Though there was no clear liability for monitoring communication during Gezi incidents and though it was not legal to wiretap phone conversations, these tapes were included in the indictment."

Recounting that the presiding judge asked a question to one of the defendants based on these tapes, Bayraktar indicated, "Despite the warning of a lawyer friend of ours, the presiding judge kept on asking these questions. Presiding Judge asked Kavala, 'The Americans, the Germans came and found you. Was there no one left in Turkey that they came to ask you?'. What does this question have anything to do with concrete evidence?"

'Our defense was prevented'

"At the last stage, while Tolga Aytöre was expressing his requests and reasons, the Presiding Judge constantly said, 'Cut it short'. Our right to make defense was prevented", Bayraktar indicated further and added:

"We tried to articulate that a person, who served 707 days in prison, has exceeded the reasonable period of detention. We indicated that it is a violation of the European Convention on Human Rights.

"The period of arrest of Osman Kavala has been extended for another three months under the pretext that the sentence foreseen for him would lead to suspicion of escape. If Osman Kavala stays in prison for another three months, he will have been arrested for 30 months.

"But, unfortunately, our remarks and defense are never taken into consideration by the court".

Koyuncu: The entire file consists of illegal wiretapping

Taking the floor after Bayraktar, lawyer İlkan Koyuncu also raised concerns over the change of presiding judges and said, "It is extremely thought-provoking that especially the judge who said that Kavala should be released has changed". Koyuncu stated the following in brief:

"The current condition of the trial is the following: The ones who were released as part of the December 17-25 [corruption and bribery] investigation were released because evidence was collected in an unlawful manner. This evidence is now in the file of Gezi trial.

"Laws say that collecting false evidence cannot be considered evidence. The evidence collected by the ones who had their signatures in the December 17-25 investigation now comprises the entire Gezi indictment. The entire file consists of illegal wiretapping".

Aytöre: We cannot explain the situation within law

Speaking after Koyuncu, lawyer Tolga Aytöre also indicated, "If politicians come and talk on the first day of a trial, if the presiding judge changes constantly, if the judge who gives a verdict of release is dismissed 15 days later, there is nothing more to talk about".

"3 million people joined the Gezi Park protests, but the only arrested person is Osman Kavala", Aytöre indicated further and added, "When you look at why the defendants of December 17-25 investigation were released, you will see why Osman Kavala is arrested".

Aytöre said, "It is not Osman Kavala who has lost his freedom and independence, it is the judicial system of Turkey" and continued as follows:

"I think, as long as the democratic, libertarian and egalitarian attitude of Kavala continues, his arrest will also continue. To be honest, I cannot accept that a naive man who is in favor of peace is unlawfully held behind bars.

"In each hearing, they came with something else. You overcome the evidence today, the judge changes tomorrow. The Constitutional Court ruling is cited as a justification for the arrest in a case file, for which the Constitutional Court expressed a dissenting opinion. What kind of a legal comment am I supposed to make here?

"I cannot find so many things to explain legally. I am concerned about this file. I am concerned that we have moved away from the law. Osman Kavala has to be released and this file has to be closed immediately".

'It shows the bias of judge's subconscious'

In response to a question regarding the Presiding Judge who referred to Gezi Park protests as "vandalism", lawyer Tolga Aytöre said, "The words and sentences that he has in his subconscious show the worldview of the presiding judge." Aytöre added, "This image lying in the subconscious of the presiding judge shows his bias".

Buğra: I have lost my trust in the law

Speaking at the meeting, Prof. Dr. Ayşe Buğra, the wife of Osman Kavala, also indicated, "It was a very difficult two years for us. Osman Kavala has a 90-year-old mother, she is waiting. He has a son, he is waiting.

"Since the day my husband was detained, I have been in favor of awaiting the judicial process. I trusted the law. This case also has another sad side to it: I have lost my trust in an independent judiciary and international legal principles in Turkey". (HA/SD)