COUNCIL OF EUROPE COMMISSIONER FOR HUMAN RIGHTS

Observations on ‘Osman Kavala’: Gezi Cannot Have Been Organized by Single Person

Council of Europe Commissioner for Human Rights Mijatovič, who intervened in the case of Kavala at ECtHR, has submitted her written observations to the court: “The thesis that Gezi could have been orchestrated by a single person has no credibility.”

İstanbul

Observations on ‘Osman Kavala’: Gezi Cannot Have Been Organized by Single Person

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Council of Europe Commissioner for Human Rights Dunja Mijatovič, who previously intervened in the case of arrested businessperson Osman Kavala at the European Court of Human Rights (ECtHR), has submitted her written observations to the court.

The observations of the Commissioner have also been published on the official website of the Council of Europe.

"Increasing pressure on rights defenders"

In the statement of observations submitted to the ECtHR, it has been indicated that "2.5 million people across 79 of the 81 provinces in Turkey" participated in the Gezi resistance: "Given this context, the Commissioner considers that the thesis that the Gezi events could have been orchestrated by a single person or organisation has no credibility."

In her written observations, Mijatovič has referred to Gezi resistance as "peaceful demonstrations" by stating, "[A]vailable information points to the fact that the overwhelming majority of protestors demonstrated peacefully."

The statement has also raised concerns regarding the situation of human rights defenders in Turkey: "The Commissioner also believes that the present case is a clear illustration of the increasing pressure on civil society and human rights defenders in Turkey in recent years."

Within this context, the statement has further indicated, "The Commissioner believes that the applicant's [Osman Kavala] arrest, as well as his initial and continued detention, without an indictment for more than 400 days (...) should be seen against a backdrop of continuously increasing pressure on civil society and human rights defenders in Turkey in recent years."

"Criminal laws used to silence dissenting voices"

Reiterating that judicial actions do not only target "human rights defenders, but also journalists, academics and members of parliament," the statement has argued that "criminal laws and procedures are currently used by the judiciary to silence dissenting voices."

Referring to long periods of pre-trial detention as well as violations of rights committed in judicial processes, Mijatovič has further suggested that there "is a broader pattern of escalating reprisals in Turkey against civil society activists and human rights defenders for their legitimate work."

The statement has concluded that these reprisals and pressure are also "indicative of a will (...) to discourage the exercise of the right to freedom of peaceful assembly to protest against the policies of the Turkish government."

On October 15-19, 2018, Mijatovič visited Turkey and met both state officials and representatives from civil society organizations and rights defenders.

What happened?

Anadolu Kültür Executive Board Chair, human rights advocate and businessperson Osman Kavala was taken into custody in the evening hours on October 18, 2017 at İstanbul Atatürk Airport upon his return from a meeting of a project planned to be realized in cooperation with Goethe Institute in Antep.

He was targeted by some pro-government newspapers following his detention.

Speaking at the weekly group meeting of his party, President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan referred to Kavala as the "Soros of Turkey", mentioning his name and said:

"Some try to deflect the truth by means of praises attributed to him such as 'He was a good citizen, a media member, an NGO representative'. The identity of this figure called 'Soros of Turkey' has been uncovered. That was his name that came up in Consulate General [investigation]. All connections have surfaced. And there is the same person behind the incidents in Taksim. You see those people again behind funds transfer to certain places. Who are you trying to fool?"

His detention also sparked criticism on international level.

US thinker and professor in linguistics, Noam Chomsky, United States Department of State Spokesperson Heather Nauert and European Parliament Rapporteur for Turkey Kati Piri denounced Kavala's detention and demanded that he be released immediately.

On October 31, a group of 35 academics, writers and researchers coming together under the guidance of the European Network on Political Group Analysis Jean-François Bayart, addressed an open letter to President Erdoğan for Kavala's release.

Kavala was arrested November 1, 2017 and his indictment has still not been issued.

On November 16, 2018, 13 academics and rights defenders were taken into custody as part of an operation, which is presumed to be related to the case of Osman Kavala. While 12 of the detained were released after making their depositions, Helsinki Citizens Assembly member Yiğit Aksakoğlu has still been arrested.

About Osman Kavala

Kavala was born in Paris in 1957. He graduated from Department of Economy at Manchester University.

He has been working as executive at Kavala Group since 1982.

He participated in the foundation of Turkey's one of the most prominent publishing houses, İletişim Publications, with Murat Belge.

He served as member of administrative boards of business institutions and NGOs such as Turkey-Poland Business Council, Turkey-Greece Business Council, and Center for Democracy in Southeast Europe.

Kavala is a member of Turkish Economic and Social Studies Foundation (TESEV) Administrative Board, Open Society Institute Consulting Board, and supporter of Helsinki Citizens' Assembly, History Foundation and Diyarbakır Culture House.

(AS/SD)