‘Osman Kavala Arrested for Three Times as Part of the Same Investigation’

Following the re-arrest of Osman Kavala yesterday, his attorney Koyuncu has released a statement: “Now they will say that ‘Osman Kavala has been arrested on another charge, so the ECtHR verdict of right violation cannot be implemented’.”

İstanbul

‘Osman Kavala Arrested for Three Times as Part of the Same Investigation’

Click to read the article in Turkish

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, imprisoned businessperson and rights defender Osman Kavala was arrested again on charge of "espionage" yesterday (March 9).

His attorney has released a statement about the re-arrest of his client.

CLICK - Osman Kavala Now Also Arrested for 'Espionage'

Koyuncu has underscored that Kavala was arrested under the Articles 309 and 312 of the Turkish Penal Code (TCK) as part of July 15 investigation on November 1, 2017 and was given an ex officio verdict of release by the İstanbul Chief Public Prosecutor's Office on October 11, 2019.

'He was arrested for three times, released once'

Koyuncu has briefly stated the following: "Osman Kavala was arrested under the Article 309 of the TCK as part of July 15 investigation on February 2020. Osman Kavala was arrested as part of the same investigation on March 9, 2020, this time under the Article 328 of the TCK.

"In the first period of arrest, the security [officers] detained him, took his deposition, referred him to the prosecutor's office, the prosecutor's office referred him to court without taking his deposition and Osman Kavala was arrested before the Penal Judgeship of Peace.

"In the second period of arrest, the security detained him, referred him to the prosecutor's office without taking his deposition, the office referred him to court with a request for his arrest without taking his deposition and Osman Kavala was arrested before the Penal Judgeship of Peace.

"In the third period of arrest, the security did not take his deposition, the prosecutor's office did not take his deposition, the Penal Judgeship of Peace did not bring him into his presence and arrested him again.

"Osman Kavala has been arrested for three times on the same investigation file and released for once.

"And, now, they will say that 'Osman Kavala has been arrested on a different charge and the verdict of right violation given by the European Court of Human Rights (ECtHR) as well as the provision of 'period of arrest cannot exceed two years at the stage of investigation' introduced by judicial reform cannot be implemented.' I am ashamed on your behalf."

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

(HA/SD)