Kavala: I hope that courts will comply with the law

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Main opposition Republican People's Party (CHP) Eskişehir MP Utku Çakırözer visited arrested businessperson and rights defender Osman Kavala in Silivri Prison, where he has been behind bars for 1,141 days.

The visit of the MP came ahead of the Constitutional Court session where it will examine the individual application of Kavala, who previously applied to the court, indicating that "his right to personal liberty and security was violated as his arrest was not lawful."

While the supreme court postponed the review on September 29, it announced that the review would take place today (December 15).

Three days after the expected Constitutional Court ruling, Osman Kavala will stand trial on December 18 as part of the third lawsuit filed against him on charge of "political or military espionage."

In his meeting with Çakırözer, Kavala said, "I hope that the Constitutional Court and the local court will hand down rulings complying with the legal norms. I hope that the rulings complying with the legal norms to be handed down for me will also set a positive example for the judiciary."

Kavala also touched upon his continued arrest despite the ruling of right violation given by the European Court of Human Rights (ECtHR) and one verdict of acquittal and two verdicts of release given by the local courts: "I think that long and groundless arrests, which have become a parallel method of punishment, pose a great threat to freedoms."

Rights defenders must be released

CHP's Çakırözer also made a statement after his meeting with Kavala in Silivri Prison. Reminding the reporters about the government's recent talks about possible reforms in the judiciary, Çakırözer said, "Osman Kavala has been unjustly and unlawfully in prison for 1,140 days despite one verdict of acquittal, two verdicts of release and one ECtHR judgement."

Çakırözer warned that if a real reform would be introduced, Kavala as well as journalists, politicians and rights defenders unlawfully and unjustly held in prisons due to their thoughts and expressions must be freed.

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 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. (EKN/SD)