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Taken to İstanbul Courthouse following a detention warrant issued against him as part of an investigation into the attempted coup on July 15, 2016, Osman Kavala has been arrested again.
Rights defender and businessperson Osman Kavala was the only arrested defendant of Gezi trial. He had been behind bars for 840 days. In the sixth hearing of the case on February 18, the court ruled for his acquittal and release. Shortly afterwards, İstanbul Public Prosecutor's Office issued a detention warrant against him as part of another investigation.
Following this detention warrant, Kavala was taken from Silivri Prison to the Anti-Terror Branch of İstanbul Security Directorate on the same day.
Having deposed at the security directorate, Kavala was first referred to İstanbul Courthouse in Çağlayan with a request for his release, then he has been arrested by the İstanbul 8th Penal Judgeship on Duty.
Kavala: Groundless allegations
As reported by the T24 news website, Osman Kavala briefly stated the following in his defense:
"I have been unlawfully arrested for 2 years and 4 months. As the verdict of acquittal given by the 30th Heavy Penal yesterday has confirmed and as the verdict of the European Court of Human Rights (ECtHR) quite clearly put it before, the right violation of extraordinary gravity that I am subjected to continues with the detention warrant of yesterday and the referral order of the prosecutor today. Just as I indicated in my previous deposition, all allegations that I supported the coup attempt on July 15 are groundless."
Attorney Koyuncu: Erdoğan gave the judgement today
Speaking about the re-arrest of Osman Kavala, his attorney İlkan Koyuncu has referred to the weekly group meeting speech of President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan.
"In the group meeting in afternoon hours today, President Recep Tayyip Erdoğan wore a gown and passed a verdict of arrest for my client", he said.
'Suspicion of escape' and alleged 'contact with Barkey'
In the justification of the verdict of arrest, it has been indicated that Kavala was allegedly in contact with Hanrey Barkey, a wanted suspect of the July 15 attempted coup investigation, and he has "suspicion of escape."
As reported further by T24, in his defense, attorney Deniz Tolga Aytöre stated that "he presented the HTS analysis report proving that Hanrey Barkey, against whom there was an arrest warrant, and Osman Kavala did not talk on the phone in any way."
Erdoğan said 'they tried to acquit with a maneuver'
Speaking at the weekly group meeting of his party yesterday, President and ruling AKP Chair Recep Tayyip Erdoğan said:
"The person that you know stirred up trouble at Gezi was behind bars, they attempted to acquit him with a maneuver."
CLICK - President Erdoğan on Gezi Trial: They Attempt to Acquit Him with a Maneuver
Investigation against judges
The Council of Judges and Prosecutors (HSK) has given permission for an inquiry and investigation against the three judges of the İstanbul 30th Heavy Penal Court who gave a verdict of acquittal in Gezi trial.
Accordingly, the HSK will appoint inspectors to conduct the inquiry and investigation against Presiding Judge Galip Mehmet Perk and two other members of the court board Ahmet Tarık Çiftçioğlu and Talip Ergen.
'ECtHR verdict applies to both investigations'
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.
"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.
CLICK - 'ECtHR Ruling on Osman Kavala Applies to Both Gezi and July 15 Investigations'
(EKN/SD)
