Constitutional Court forwards Kavala’s application to General Assembly

Click to read the article in Turkish

The First Section of the Constitutional Court has reviewed the individual application of arrested businessperson and rights defender Osman Kavala, who has been behind bars in Silivri Prison for 1,141 days.

The First Section has concluded that the General Assembly of the Constitutional Court shall hand down a judgement on Kavala's application and ruled that his individual application shall be forwarded there.

The Article 28/3 of the Internal Regulations of the Constitutional Court stipulates that "[i]f the decision to be made by one of the Sections regarding an ongoing application will clash with a decision previously made by the Sections or if the subject matter of the application necessitate the decision to be made by the General Assembly, the relevant Section can relinquishes the case. The Chairman of the Section brings this file to the attention of the President in order to forward it to the General Assembly."

In line with this decision, the General Assembly will examine the individual application of Osman Kavala at a later date, which has led some to comment that the supreme court has gained time depending on the judgement to be given at Kavala's first hearing on December 18.

The supreme court previously added Kavala's file to its agenda on September 29 this year; however, it then postponed the session where the individual application of Osman Kavala would be discussed.

On the same day, it was announced that the indictment lodged by İstanbul Deputy Chief Public Prosecutor Hasan Yılmaz against Kavala was presented to the İstanbul 36th Heavy Penal Court and accepted by the court.

Osman Kavala applied to the Constitutional Court arguing that "his right to personal liberty and security was violated as his arrest was not lawful."

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. (HA/SD)