ANKARA - The Constitutional Court has postponed its session where the individual application of arrested businessperson and rights defender Osman Kavala will be reviewed. Kavala previously applied to court on the grounds that “his arrest was not legal.”

 

The Constitutional Court has postponed reviewing the individual application of businessperson and rights defender Osman Kavala, who has been arrested on "espionage" charges shortly after the court ruled for his acquittal and release in the Gezi trial in February 2020.

 

Kavala previously applied to the supreme court on the grounds that "his arrest was not legal." This application was expected to be reviewed and concluded by the Constitutional Court in today's session.

 

While the indictment lodged against Osman Kavala has been presented to court, it will also be added to the Constitutional Court report later on.

 

In a previous ruling on Osman Kavala, the supreme court rejected his individual application regarding Gezi trial by a majority of votes.

 

BACKGROUND

 

Businessperson Osman Kavala, who was on his way back from Antep, was taken into custody at İstanbul Atatürk Airport on October 18, 2017.

 

On November 1, 2017, it was announced that Kavala was arrested on charges of "attempting to change the Constitutional order and to overthrow the government." In the official document referring him to court with a request of arrest, it was alleged that he was the head and financier of Gezi.

 

The sixth and final hearing of the lawsuit filed into Gezi resistance was held at the İstanbul 30th Heavy Penal Court in Silivri on February 18, 2020.

 

Announcing its ruling after the statements of defendants and their attorneys, the court board has ruled that Osman Kavala, Mücella Yapıcı, Can Atalay, Tayfun Kahraman, Ali Hakan Altınay, Yiğit Aksakoğlu, Yiğit Ali Ekmekçi, Çiğdem Mater Utku and Mine Özerden shall be acquitted as "there was no concrete and material evidence as to the committal of the offenses charged." The court has also ruled that businessperson and rights defender Osman Kavala, the only arrested defendant of the case, shall be released.

 

Osman Kavala was the only arrested defendant in the 16-defendant Gezi Trial, which started on June 24, 2019. Having been acquitted in this trial, Kavala was arrested again, this time on charge of "political or military espionage." Kavala is still held in Silivri Prison in İstanbul.

 

Announcing its ruling on Kavala on December 10, 2019, the ECtHR concluded that his rights were violated by his imprisonment.

 

The ECtHR concluded that the European Convention on Human Rights was violated on the grounds that Kavala was arrested without any reasonable suspicion and with political motives and that the Constitutional Court did not examine his application within a reasonable period of time.

 

This ruling became final on May 12, 2020. While this ruling has not yet been put into effect, the Committee of Ministers of the Council of Europe made a call to Turkey about the final ruling of the ECtHR and urged Turkey to implement the ECtHR's ruling of right violation and to release him.