Osman Kavala Not Released Despite ECtHR Verdict of Right Violation

* Illustration: Tarık Tolunay

Click to read the article in Turkish / Kurdish

The fourth hearing of the lawsuit filed into the Gezi Park protests continued at the İstanbul 30th Heavy Penal Court today (December 24).

Hearing the statements of witnesses and defendants, the court has ruled that the arrest of Anadolu Kültür Executive Board Chair Osman Kavala shall continue. While the court has rejected all requests for lifting of judicial control measures, the next hearing will be held on January 28, 2020. 

On the other side, the court has also accepted the request of police officer Mevlüt Saldoğan and the Ministry of Treasury to intervene in the case on the allegation that "they came to harm" as a result of the protests. Saldoğan was one of the people who caused the death of Ali İsmail Korkmaz during Gezi Park protests in Eskişehir on July 10, 2013.

16 people including Anadolu Kültür Executive Board Chair Osman Kavala, the only arrested defendant of the case, are facing aggravated life sentence on charge of "attempting to overthrow the government" for allegedly having organized the Gezi Park protests in 2013.

CLICK - ECtHR: Release Osman Kavala Immediately

The European Court of Human Rights (ECtHR) announced its ruling on the individual application of Osman Kavala on December 10, 2019. The ECtHR has ruled that there had been a violation of Article 5/1 (right to liberty and security), Article 5/4 (right to a speedy decision on the lawfulness of detention) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights.

The Court said, "The respondent State was to take every measure to end the applicant's detention and to secure his immediate release." Accordingly, the attorneys of Kavala requested his release.

Aydın: I can't say any of them did a violent act

Today's hearing started with the Presiding Judge's remarks on his decision to remove courtroom artists Tarık Tolunay and Murat Başol from the court in the previous hearing. The Judge said, "We did say that it was prohibited to make courtroom illustrations, but we did not have anyone removed from the courtroom. They said they were removed but that is not true."

After the hearing started, the defendants took the floor. Speaking first in the hearing, witness Ercan Orhan Aydın, the Chief of Security Branch, said that they were "were assigned to various positions, at streets leading to Taksim, Talimhane and the German Hospital" and added that "the protesters were throwing them burning things with a catapult system."

When the Presiding Judge asked "what they knew about the defendants", witness Aydın stated the following in brief: "They showed me their photographs, I indicated the ones I knew. We followed orders.

"I know about how the Gezi Park events began from the press. The trees were to be cut down, then groups arrived. As the security branch and the riot squad we followed orders. In terms of ideology, it was complex.

"There were no negotiations. I did make announcements for them to disperse. I may have seen them in detention. But I can't say that any one of them carried out a violent act."

'I don't know where Kavala stands in all these'

The Presiding Judge also asked the witness, "Did any defendant in our case file hold a press statement or meeting to expand these actions? Were you witness to any statement by them to attack or resist the police intervention?"

Ercan Orhan Aydın answered this question as follows: "There were police vehicles on the steps of Gezi Park. We made announcements, but they didn't disperse. That shows that the action has crossed the line. But it was everywhere. Everyone was making detentions, not only our team.

"Protestors were firmly organized. For instance, we would intervene in a group of 20 wearing masks at Mis Sokak, then a short time later the same group would reappear in Galatasaray. They dispersed, but gathered again.

"Where does Osman Kavala stand in all this... What did he do in the background... I wish I knew. The protestors were organizing so easily."

'Twitter was the organizer'

To the question of the Presiding Judge, "Which defendant was among the organizers, who was there?", the witness answered, "There was Twitter. I didn't use social media then, I still don't. We followed things on WhatsApp. We have a social media desk, they kept track of calls to action."

'I saw Kavala here for the first time'

Osman Kavala's lawyer İlkan Koyuncu asked the witness, "Did you see Osman Kavala organizing these events?", to which he answered, "It was here in the courtroom that I saw Osman Kavala for the first time."

When Koyuncu further asked, "Did you see Osman Kavala involved in violence against police?", the witness again answered, "No, I didn't."

Directing a question to the witness, lawyer Bahri Belen asked, "Mr. Ercan you mentioned certain press statements. Did you see anyone at these press statements who provoked the crowd to carry out action against the police?" The witness answered, "No, I didn't. Those who did this weren't the people holding statements, they hid at the back."

Gül: I never saw Osman Kavala

Afterwards, witness Hasan Gül from the İstanbul Security Branch was called to the witness stand. When he was asked, "Do you have any knowledge about which defendants took part in attacks on the police or public property or the organization of this?", he answered as follows:

"The unit I work at does not have access to such information. We were assigned to follow actions in view of info gathered from social media.

"Security branch follows visible social events, and calls on the riot squad if it observes criminal activity. It seeks to end such events without a problem. It negotiates. I know about the defendants only in the context of indictment.

"I know Osman Kavala's name not from actions, but from general knowledge. I have worked at the security branch for many years and I am aware of his involvement in NGOs. I don't know where he was during Gezi. I have definitely not seen him involved in any violent action."

"I negotiated with Can Atalay both during Gezi and after. One of the most crowded funerals was Berkin Elvan's funeral. I can say that he was determined in his stance to follow our negotiations then, to end events without a problem. That was very important during that period."

When Osman Kavala's lawyer, İlkan Koyuncu asked, "You said you witnessed individuals carrying out violent acts. Was Osman Kavala one of them?", witness Gül answered, "No."

Kavala: Witnesses gave no information about me

After the witness statements were heard, the defendants responded to their statements. Osman Kavala said, "The witnesses have provided no information indicating that I took part in any act of violence, that I provoked any such act, or that I was a director of the Gezi Events."

Mücella Yapıcı also stated, "The press statements we made were about our most basic rights. I was already acquitted on those. But I couldn't help feel that the witnesses had been oriented. Nevertheless their statements show that the indictment is groundless."

Çiğdem Mater Utku also said, "As far as I can understand, the issue does not have anything to do with us."

Emphasizing that his request for released had been rejected for 26 times, Osman Kavala also made the following remarks on his impisonment:

"I have stated before that claims regarding my planning or organizing the Gezi Events are groundless. MASAK reports show that we made no transfer of funds. The value of my freedom is based on international norms. That is also what the ECtHR ruling indicates. I demand an end to this unlawful and discriminatory practice."

Kavala's arrest to continue

Announcing its ruling after hearing the statements of witnesses and defendants, the court board has ruled that the arrest of Osman Kavala shall continue. Rejecting all requests for lifting the judicial control measures, the court has adjourned the next hearing to January 28, 2020.

The court has also accepted the request of former soldier Murat Papuç, who is cited as an "informer" in the file and has demanded that his testimony be taken in a hearing with no attendants because he has no security of life. His testimony will be taken in a hearing to be held without attorneys tomorrow.

Police officers who killed Ali İsmail Korkmaz to be heard as 'aggrieved party'

On the other side, the court has accepted the requests of police officers and the Ministry of Treasury to intervene in the case on the allegation that "they came to harm" as a result of the protests.

Among the police officers to be heard as "aggrieved parties" is also Mevlüt Saldoğan, who killed Ali İsmail Korkmaz in Eskişehir on July 10, 2013.

What happened in the previous hearing?

The third hearing of Gezi trial was held on October 8. The hearing was chaired by Galip Mehmet Perk, the new Presiding Judge of the court.

The court board did not allow courtroom artists Tarık Tolunay and Murat Başol to sketch the hearing. The presiding judge showed some pictures during the hearing and referred to Gezi Park protests as "vandalism".

The question of the judge to the defendants regarding the charges pressed against them and wiretapping included in the indictment caused reactions. 

(TP/HA/SD)

* Source of witness and defendant statements: #DefendingGezi Twiter account