Kavala: Problem is detention practices taken under political influence

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After the General Assembly of the Constitutional Court rejected the individual application of arrested businessperson and rights defender Osman Kavala yesterday (December 29), he has sent a message from prison via his attorneys. Behind bars for 1,156 days, Kavala has said:

"It is preposterous that the Constitutional Court concluded that my detention based on the espionage charge, which was invented at the last moment, did not comply with the definition in the law, and did not rely on any evidence, is lawful. This behavior of the majority in the Court, which does not comply with the legal norms, is extremely worrying.

"The most common and severe problem in the judiciary is the detention practices taken under the influence of political messages and the political environment, which are not based on solid reasons and become punishment.

"While making detention decisions, the possibility of the accused's right to liberty is weighed against the possibility of their committing an action harmful to society and justice.

"It is the universal right that is certain; the other is just a possibility. Possibility to be a reason for restricting the right to freedom can only be justified in exceptional circumstances.

"This is the binding norm that the European Convention on Human Rights and our Constitution demand to be followed."

CLICK - Constitutional Court rejects Kavala's application

The General Assembly of the Constitutional Court has concluded that Osman Kavala's right to personal liberty and security has not been violated. The judgement has been given with eight votes against seven.

Arrested for over 3 years, Osman Kavala previously applied to the Constitutional Court on the grounds that "his right to personal liberty and security was violated as his imprisonment was not lawful."

Having reviewed the application of Kavala on December 15, the First Section of the Constitutional Court forwarded it to the General Assembly.

What happened?

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 has ruled that Osman Kavala, Mücella Yapıcı, Can Atalay, Tayfun Kahraman, Ali Hakan Altınay, Yiğit Aksakoğlu, Yiğit Ali Ekmekçi, Çiğdem Mater Utku and Mine Özerden shall be acquitted as "there was no concrete and material evidence as to the committal of the offenses charged." The court has also ruled that businessperson and rights defender Osman Kavala, the only arrested defendant of the case, shall 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 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.

On the other side, the Constitutional Court added Kavala's file to its agenda on September 29, 2020; however, it then postponed the session where the individual application of Osman Kavala would be discussed.

On the same day, it was announced that the indictment lodged by İstanbul Deputy Chief Public Prosecutor Hasan Yılmaz was presented to the İstanbul 36th Heavy Penal Court and accepted by the court.

The new indictment prepared against Osman Kavala charged him with "obtaining state information that needs to remain confidential for political and military espionage purposes" and "attempting to overthrow Constitutional order." The indictment also alleged that Prof. Henri Barkey, an academic and a former US diplomat, "plotted" the July 2016 coup attempt.

The first hearing of this trial was held on December 18 and the local court ruled for the continued imprisonment of Osman Kavala in its interim ruling.

(EKN/SD)