Council of Europe calls for Osman Kavala's release

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The Committee of Minister of the Council of Europe has called on Turkey to immediately release businessperson and rights defender Osman Kavala from prison.

Kavala's imprisonment is a continuation of the violations found by the ECtHR, the committee said in an interim resolution adopted yesterday (December 3).

The ECtHR ruled for Kavala's release in December 2019, stating that he 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.

CLICK - Constitutional Court postpones reviewing Osman Kavala's application

The committee expressed its "profound concern that the applicant has been continuously deprived of his liberty since October 2017."

It urged the authorities to take all steps at their disposal to ensure that the Constitutional Court completes its examination of Kavala's complaint without further delay, noting that his application had not been examined since May 4.

Kavala's imprisonment

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 ruled that all defendants should be acquitted as "there was no concrete and material evidence as to the committal of the offenses charged."

The court also ruled that Kavala, the only arrested defendant of the case, should 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 the 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/VK)