Request for Release by Osman Kavala’s Attorneys

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His attorneys have requested the release of Osman Kavala, who was arrested as part of an investigation into the July 15 coup attempt one day after a verdict of acquittal and release was given for him in Gezi trial on February 18 and is now held behind bars on "espionage" charges despite a verdict of release in the coup investigation.

In a petition submitted to the İstanbul Penal Judgeship of Peace, the attorneys of the arrested businessperson and human rights activist have requested that a verdict of release be given for him following a review of his arrest. If not, the attorneys have requested judicial control measures.

Attorneys Köksal Bayraktar, Tolga Aytöre and İlkan Koyuncu have briefly stated the following in their petition to the judgeship:

"Our client has been arrested in Silivri Prison since November 1, 2017. Apart from a failure to bring an indictment against him despite a long time that has passed since then, it is seen that the conditions for the continuation of his detention do not exist or have disappeared in the verdict of arrest given for him for the same acts and reasons.

"Moreover, considering the obligation of the state to safeguard the right to life and health in such a period when a pandemic is declared due to the Covid-19 outbreak, the number of cases is gradually increasing in Turkey and human health is at risk, we request that the detention of Osman Kavala be reviewed again and a verdict of release be given for him."

'Espionage accusations unrealistic'

The same petition has also referred to the re-arrest of Osman Kavala on "espionage" charges by the İstanbul 10th Penal Court of First Instance.

Underlining that there is no concrete evidence suggesting Kavala's obtainment of confidential information as alleged, the petition has noted, "It is clear that in charging such a serious offense as this, the reasonable suspicion must be supported with concrete and verifiable facts or evidence."

It has been further indicated that as the reason for strong criminal suspicion, the İstanbul 10th Penal Judgeship of Peace referred to the HTS records suggesting that Kavala was in contact with Henri Barkey; however, no records could be found as to any communication between the numbers considered to be used by Henri Barkey and Osman Kavala.

"The witness statements and communication reports cited as the reason for arrest are unrealistic," the petition has stressed further.

Reference to the ECtHR verdict

In their petition to the Penal Judgeship of Peace, the attorneys of Osman Kavala have also referred to the judgement of the European Court of Human Rights (ECtHR), which ruled for his immediate release:

"This verdict has not yet been finalized. However, more adverse verdicts of right violation will be given in the event of any delay in implementing an ECtHR verdict that concludes a violation of the Article 18 of the ECHR, which prohibits the restriction of rights and freedoms for any purpose other than the ones for which they have been prescribed."

Underlining the bindingness of the ECtHR verdict, the attorneys have noted that the conditions for the continuation of Osman Kavala's arrest have disappeared and requested that Kavala be released immediately.

State reminded of its responsibilities

The petition has also demanded Kavala's release to protect his right to life and health in the current outbreak conditions. The attorneys have reminded the state of its responsibilities in following words:

"Given that a considerable number of people held together, the fill rate of prisons and the obligation of common life, it is impossible to ensure healthy conditions for protection from the related disease.

"The state must protect the life of the individual from all risks. Considering that an epidemic disease is a force majeure in terms of the measure of arrest and the arrestee is still under the protection of presumption of innocence and taking the balance of public good as to the detention of people and protection of their life safety into account, the implementation of judicial control measures is an unignorable necessity.

"The right to life and health, which is also protected by our Constitution, is one of the rights that needs to be enforced for the arrested persons as well and it is a duty of the state to protect these rights.

"As the risk posed by the Covid-19 outbreak to the client held in a Penal Institution could lead to irreparable damages in the future, a verdict of release needs to be given for the client." (HA/SD)