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"It seems that they have put Osman Kavala in a bag investigation and they do not want to release him. They circumvent the ECtHR verdict. What is done to Selahattin Demirtaş and Atilla Taş is now done to Osman Kavala."
After Osman Kavala has been detained before he could leave Silivri Prison following a verdict of acquittal and release in Gezi trial yesterday (February 18), former European Court of Human Rights (ECtHR) judge Rıza Türmen has spoken to bianet about the issue.
Referring to the detention of Osman Kavala as part of another investigation as "unlawfulness", Türmen has underlined that the ECtHR verdict of "right violation" and "immediate release" on Osman Kavala applies to both investigations into Gezi and July 15 failed coup attempt.
'ECtHR said "there was no reasonable suspicion"'
Rıza Türmen has continued his remarks as follows:
"There is obviously an unlawfulness. Because the ECtHR verdict covers not only the Article 312 of the Turkish Penal Code (TCK), based on which Osman Kavala stood trial in Gezi case, but also the Article 309 of the TCK, based on which he is now charged in July 15 investigation.
"In its ruling of 'immediate release' given in December 2019, the ECtHR indicated that "there was no reasonable suspicion" about this issue. It also examined his detention with regards to the accusations pertaining to July 15 and concluded that there was no reasonable suspicion.
'A Turkey where the rule of law is put aside'
"The ECtHR verdict on Osman Kavala should also be implemented for this case. The detention in question is an open violation of the ECtHR verdict. This issue - of course - does not have anything to do with the law. The ECtHR judgement is openly not implemented, it was not implemented.
"Apparently, they have drawn up such a plan. They have devised a plan similar to the ones for Selahattin Demirtaş, Atilla Taş and Selçuk Kozağaçlı. This plan is to acquit them of the charged filed as per the Article 312 of the TCK and to imprison them again based on the Article 309 of the TCK.
"I really wonder how Osman Kavala and July 15 will be brought side by side and I think that it will be difficult. It is impossible to find evidence about this issue. What does Osman Kavala have anything to with July 15?
"It seems that the government wants to circumvent the ECtHR verdict. The ECtHR verdict on Osman Kavala will be finalized on March 10. They gave a ruling before it was finalized and they are now pushing the law to not release him. It is - of course - not something complying with the rule of law, but we now live in a Turkey where the rule of law has been put aside."
What do the Articles 309 and 312 of the Turkish Penal Code (TCK) say? Article 309 (Violation of the Constitution) (1) Any person who attempts to abolish, replace or prevent the implementation of, through force and violence, the constitutional order of the republic of Turkey shall be sentenced to a penalty of aggravated life imprisonment. (2) Where any other offences are committed during the commission of this offence, an additional penalty for such offences shall be imposed according to the relevant provisions. (3) Legal entities shall be subject to security measures specific to them for the commission of offences defined in this article. Article 312 (Offences against the Government) (1) Any person attempting, by the use of force and violence, to abolish the government of the Republic of Turkey or to prevent it, in part or in full, from fulfilling its duties, shall be sentenced to a penalty of aggravated life imprisonment. (2) Where any other offence is committed during the commission of this offence, an additional penalty shall be imposed according to the relevant provisions. |
(HA/SD)
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