‘Gezi Park’s Second Hearing Confirms Lack of Rule of Law’

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20 international human rights and freedom of expression organizations have denounced the interlocutory judgement given in the Gezi trial.

CLICK - Arrest of Osman Kavala to Continue

In the introduction to the statement released by PEN International, it has been indicated that the indictment filed against 16 people charges them with "attempting to overthrow the government" and "financing the peaceful Gezi Park protests", underlining that "if found guilty, they face a sentence of life imprisonment without parole."

"We, the undersigned human rights and freedom of expression organisations, condemn the interim judicial decision taken in the second hearing of the Gezi Park trial", the organizations have indicated in their joint statements and made the following remarks in brief:

Call to EU for 'urgent pressure upon Turkey'

"We share the view that 'the trial is in itself an act of intimidation', having been opened 6 years after the Gezi protests took place in 2013.

"We are extremely concerned that this trial may once again contribute to creating a chilling effect on the fulfillment of the rights to freedom of assembly and expression and the legitimate right to protest as enshrined in the Turkish Constitution. We call for a concerted response by the European Union and Europe Member States to put urgent, consistent and collective pressure upon the Government of Turkey to restore the rule of law and the independence of the judiciary in Turkey.

'Grounds for Kavala's arrest insufficiently supported'

"Sarah Clarke, ARTICLE 19's Head of Europe and Central Asia, said: 'This decision represents a disturbingly clear example of continuous absence of rule of law and lack of independence of judiciary in Turkey.' The indictment itself shows the total lack of tangible evidence for these allegations.

"We strongly object the continuing pre-trial detention of Osman Kavala, who has now been in a maximum-security prison for 631 days.

"Grounds for Kavala's arrest are insufficiently supported in the indictment, raising serious concerns relating to the proportionality and legitimacy of his arrest. The lengthy pre-trial detention, which started 4 years after the Gezi Park protests took place, is unwarranted and disproportionate as a legal precaution against the defendant's absconding or posing a 'threat to society'.

"Excessive length of Kavala's pre-trial detention of 21 months, his rights to presumption of innocence, humane treatment, the right to a fair trial and liberty and security have all been violated in the most unacceptable manner.

'Gezi was a peaceful, non-violent movement'

"The 2013 Gezi Park protests represented a peaceful and non-violent movement. The actual excessive use of force was that used by the police against civilians including the extensive use of teargas against the crowds.

"The indictment, as the defence lawyers proved time and again, contains no reference to an armed organisation (as per Article 314 of the Turkish Criminal Code), which further questions the basis of the accusations.

Stavrum: Indictment bereft of concrete evidence

"Norwegian PEN President, Kjersti Løken Stavrum said, 'We will continue to monitor this trial and to advocate for all charges to be dropped against the 16 defendants. The fact that the 657-page indictment, bereft of concrete evidence, was accepted by the judicial panel is sadly, once more a clear indication of the poor state of the rule of law in Turkey."

"The next hearing of the Gezi Park trial will take place in Silivri on 8-9 October 2019, when other defendants will be heard and plaintiffs' requests will be evaluated by the court."

(HA/SD)