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Businessperson and rights defender Osman Kavala, the only imprisoned defendant in the Gezi trial, has released a statement through his attorneys after the court did not release him at yesterday's (December 24) hearing despite a European Court of Human Rights (ECtHR) decision.
The decision was "very surprising to me," he said, stressing that the ECtHR ruled for his immediate release and the witnesses spoke at the hearing did not say there was a relation between him and the 2013 Gezi Park protests.
CLICK - Osman Kavala Not Released Despite ECtHR Verdict of Right Violation
"I believe the decision that damaged the reputation of the judiciary should be corrected immediately," Kavala said.
"I hope that the continuation of my arrest will contribute to a better understanding of the unlawfulness in the judiciary and the origins of that.
"I thank a lot to those who attended the hearing. That was a great morale booster for me."
CLICK - ECtHR Ruling on Kavala: His Pre-Trial Detention Not Based on Reasonable Suspicion
Asst. Prof. Altıparmak: The court board should be investigated
The members of the court board should be investigated by the Council of Judges and Prosecutors (HSK), according to Asst. Prof. Kerem Altıparmak.
"The court shows us that the action of arrest was for purposes that are outside the convention [European Convention on Human Rights]," he told bianet.
"This doesn't only mean that the arrest is unlawful. The ECtHR says, 'You made a political arrest.' And the court happened to confirm this by not releasing Kavala.
"As of this moment, the court has to explain why it decided for the continuation of the arrest."
"In the event of the finalization of the ECtHR decision, there is a sanction if you do not fulfill the requirement [of the decision].
"But the decision should be implemented by the internal law. Turkey's laws say, 'You should comply with the European Convention on Human Rights.'
"Moreover, when the decision is finalized within three months, they will have to comply with the ECtHR judgment. This is what will happen if they do not issue a new arrest order for a different reason. The court cannot decide otherwise." (HA/VK)