Osman Kavala: Accusation of Espionage Even More Ridiculous Than Previous Ones

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Arrested again as part of an investigation launched into July 15 coup attempt shortly after being handed down a verdict of acquittal and release in Gezi trial and given another verdict of arrest on charge of "espionage" on March 9, Osman Kavala has sent a message from Silivri Prison.

Expressing his concerns that "the intention to continue his detention at all costs led some members of the judiciary to violate the law", Kavala has referred to the new accusation as "more ridiculous than the previous ones."

The full message of Kavala is as follows:

As of Monday evening, I have been arrested for the third time, on espionage charge that was fabricated at the last minute. It is apparent that this accusation, which is baseless as it lacks evidence just like the previous ones, yet is even more ridiculous than the previous ones, was an attempt to render void the 2-years-limitation for pre-trial detention enforced by the Judicial Reform Package and the violation decision by the ECtHR. It is extremely upsetting and worrisome to see that the intention to continue my detention at all costs has led the members of the judiciary to violate the law. This behavior, if it is deemed normal, will constitute a dangerous example for criminal cases.

Osman Kavala has been arrested as per the following three articles of the Turkish Penal Code (TCK):

Article 309 (Violation of the Constitution)

(1) Any person who attempts to abolish, replace or prevent the implementation of, through force and violence, the constitutional order of the republic of Turkey shall be sentenced to a penalty of aggravated life imprisonment.
(2) Where any other offences are committed during the commission of this offence, an additional penalty for such offences shall be imposed according to the relevant provisions.
(3) Legal entities shall be subject to security measures specific to them for the commission of offences defined in this article.

Article 312 (Offenses against the government)

(1) Any person attempting, by the use of force and violence, to abolish the government of the Republic of Turkey or to prevent it, in part or in full, from fulfilling its duties, shall be sentenced to a penalty of aggravated life imprisonment.
(2) Where any other offence is committed during the commission of this offence, an additional penalty shall be imposed according to the relevant provisions.

Article 328 (Political or military espionage)

(1) A person who secures information that, due to its nature, must be kept confidential for reasons relating to the security or domestic or foreign political interests of the State, for the purpose of political or military espionage, shall be sentenced to a penalty of imprisonment for a term of fifteen to twenty years.
(2) In the offence is committed; a) to serve the interest of a country at war with Turkey, or b) During wartime or such that it jeopardises the State's preparations for war or effectiveness in war or its military movements, the offender shall be sentenced to a penalty of aggravated life imprisonment

What happened?

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 was arrested again on February 19, 2020.

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 of Peace on Duty.

Speaking at the weekly group meeting of his party one day after the verdict of acquittal and release was given, 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." The Council of Judges and Prosecutors (HSK)also gave permission for an inquiry and investigation against the three judges of the İstanbul 30th Heavy Penal Court who gave the verdict of acquittal in Gezi trial.

In the verdict of arrest, it was indicated that there was strong criminal suspicion as to Kavala's participation in the decision-making process of July 15 coup attempt. In the justification of the verdict of arrest, it was further stated that Kavala was allegedly in contact with Hanrey Barkey, a wanted suspect of the July 15 attempted coup investigation, and he had "suspicion of escape."

It was later understood that before this verdict of arrest was given by the İstanbul Penal Judgeship of Peace on Duty, Osman Kavala was ex officio released by the İstanbul Chief Public Prosecutor's Office on the same file on October 11, 2019 one the ground that "arrest was not a proportional measure to take."

The attorneys of Osman Kavala stressed that the maximum period of arrest foreseen by the judicial reform package for the stage of investigation expired as of February 25, 2020 and objected to his arrest on February 25. The İstanbul 9th Penal Judgeship of Peace was expected to give a decision on this objection.

(EKN/SD)