DELEGATION OF THE EU TO TURKEY

'Implement the ECtHR judgement, release Osman Kavala'

In a statement shared by the Delegation of the European Union to Turkey, it is said, “We urge the Turkish judiciary to implement the ECtHR judgement that calls for Mr. Kavala’s immediate release.”

İstanbul

'Implement the ECtHR judgement, release Osman Kavala'

Click to read the article in Turkish / Kurdish

In the retrial over Gezi, which has been recently merged with the çArşı case, the court ruled on Friday (October 9) that businessperson and rights defender Osman Kavala, the only arrested defendant of the case who has been jailed for 1,441 days as of today, should remain behind bars.

Against this backdrop, the Delegation of the European Union (EU) to Turkey has released a written statement by the Spokesperson.

Referring to the European Court of Human Rights (ECtHR) judgement which ruled for the immediate release of Oman Kavala, finding violations of rights in his imprisonment, the statement has read:

'Turkey urgently needs to make progress'

"For almost four years, businessman and human rights defender Osman Kavala has been held in prison in Turkey, without having been convicted.

"There has not been any progress towards Mr. Kavala's release despite the binding judgment of the European Court of Human Rights (ECtHR) in 2019, six decisions and an Interim Resolution by the Committee of Ministers of the Council of Europe calling for his immediate release. This is regrettable, in particular in light of Turkey's international obligations.

"As a candidate country and a long-standing member of the Council of Europe, Turkey urgently needs to make concrete and sustained progress in the respect of fundamental rights, which are a cornerstone of EU-Turkey relations.

"We urge the Turkish judiciary to follow-up on the Council of Europe's recommendations regarding strengthening the rule of law, democracy and fundamental rights, and implement the ECtHR judgement that calls for Mr. Kavala's immediate release, as a matter of urgency and ahead of the next session of the Committee of Ministers of the Council of Europe."

A brief summary of Osman Kavala's arrest

17 October 2017: Osman Kavala was detained.

1 November 2017: Kavala was ordered arrest on the charges of 'attempting to overthrow the government or to prevent it from exercising its functions' (Article 312 of the TCC) and 'attempting to overthrow the constitutional order through force and violence' (Article 309 of the TCC).

24 December 2018: The investigation files under Article 309 and 312 of the TCC were separated.

19 February 2019: The first indictment against Kavala was issued under Article 312 of the TCC 16 months after he was arrested.

11 October 2019: A release order was issued in favor of Kavala on the charge under Article 309 of the TCC.

10 December 2019: The ECtHR ruled that Kavala's detention constituted a violation of human rights and that he should be released immediately.

18 February 2020: A decision of acquittal was issued in the trial heard under Article 312 of the TCC.

19 February 2020: After the decision of acquittal, Kavala was not released but was arrested again on the charge under Article 309 of the TCC.

9 March 2020: Kavala was ordered arrest under Article 328 of the TCC.

20 March 2020: The second release order was issued in favor of Kavala under Article 309 of the TCC. However, his detention on the charge of espionage under Article 328 of the TCC continued.

3 September 2020: The Committee of Ministers of the Council of Europe, which oversees the execution of the judgments of the ECtHR, ruled that the judgment of the ECtHR should be executed and that Kavala should be released immediately.

29 September 2020: The Constitutional Court of the Republic of Turkey decided to examine the application of Kavala regarding his unlawful detention. However, it postponed the examination as the second indictment including the charges under Articles 309 and 328 (espionage) of the TCC was submitted to the court on the same day.

29 September 2020: In the second meeting in which this matter was discussed, the Committee of Ministers of the Council of Europe ruled that an interim decision should be drafted to be issued in the event that the judgment of the ECtHR is not executed.

3 December 2020: The Committee of Ministers of the Council of Europe issued an interim decision that Kavala should be released immediately and that the Constitutional Court should examine the file in accordance with the judgment of the ECtHR without further delay.

15 December 2020: The Constitutional Court decided to examine the application regarding the unlawful detention and ruled that the file should be referred to the General Assembly of the Constitutional Court.

18 December 2020: The 36th Assize Court ruled that the detention shall continue. The second hearing was scheduled on 5 February.

29 December 2020: The Constitutional Court ruled with 8 to 7 votes that the decision of Kavala did not constitute any violation of right. The reasoned judgment included the strongly dissenting opinions of the judges who voted that the detention constituted a violation of rights.

22 January 2021: The Appellate Court overturned the decision of acquittal in the Gezi trial. It ruled that the file concerning this trial shall be examined together with the files under Articles 309 and 328 of the TCC.

28 January 2021: After the decision of acquittal was overturned, the 30th Assize Court issued a preliminary proceedings report and scheduled the trial concerning the consolidated files on 21 May 2021.

5 February 2021: In the trial heard in the 36th Assize Court, the Court ruled that Kavala's trial shall be consolidated with the Gezi Trial, which will be heard again in the 30th Assize Court under Article 312 of the TCC, and that the detention of Kavala on the charges of espionage under Article 328 of the TCC shall continue.

30 April 2021: As a result of its examination of the detention, the 30th Assize Court ruled that the detention of Kavala shall continue.

12 May 2021: In its weekly meeting of 12 May 2021, the Committee of Ministers of the Council of Europe reviewed Kavala's file and expressed their great concern that Turkish authorities and courts did not take the necessary steps to end Kavala's the continued detention against the judgment of the ECtHR. The Committee urged the member states to bring up the continued detention and immediate release of Kavala during their meetings with Turkish authorities. It pointed out that the detention of Kavala would be reviewed again by the 30th Assize Court on 21 May 2021, and urged the authorities to take all the necessary steps to ensure the release of Kavala.

CLICK - Committee of Ministers of Council of Europe: Release Demirtaş and Kavala

(EMK/SD)