Osman Kavala remains in prison as court announces interim ruling

The trial of 52 people, including businessperson and rights defender Osman Kavala, who has been arrested for 1,574 days, and the defendants of the çArşı case, which was merged with the Gezi trial, continued at the Istanbul 13th High Criminal Court today (February 21).

The hearing was attended by defendants Mücella Yapıcı, Can Atalay, Tayfun Kahraman and Çiğdem Mater. Some defendants and lawyers of the çArşı case were also present in the court hall.

After the defense statements of the Gezi defendants, Edip Şahiner, the prosecutor of the hearing, pronounced his opinion and requested that the files of Gezi and çArşı cases be separated, considering that there is an arrested defendant in the case (Osman Kavala) and the defendants of the çArşı case requested separation.

After the prosecutor pronounced his opinion, Deniz Tolga Aytöre, the lawyer of arrested businessperson Osman Kavala, took the floor.

Recalling that Osman Kavala has been arrested on “military espionage” charges since March 9, 2020, Aytöre said, “In order for this crime to be constituted, there shall be documents to remain classified considering their nature. There is no such act in the indictment.”

Saying “We don’t know what we are charged with”, he added, “On page 35 of the indictment, it is said, ‘Kavala had known about the coup.’ On page 61, it is said, ‘He was the right hand of Henri Barkey.’ He was supposedly the ‘left hand of Soros’ in Gezi. I ask Mr. Prosecutor: What are these allegations based on? If you have no evidence, you are committing a crime.”

Noting that “neither the court board nor the prosecutor asked any questions to Kavala about the allegations when he appeared before the judge”, the lawyer said, “The trial is not held here, but at group meetings and rostrums. For this reason, we demand you withdraw from the case.”

Gezi and çArşı cases separated

Handing down its interim ruling, the court board has ruled that Osman Kavala’s arrest shall continue and the file of çArşı case shall be separated from Gezi. The next hearing will be held on March 21 at 10 am.

After the verdicts of acquittal in the Gezi trial were overturned by the appeals court last year, the files of Gezi and çArşı cases were merged.

European Parliament (EP) Standing Rapporteur on Turkey Nacho Sánchez Amor, who followed the hearing today, tweeted a message about the interim ruling of the court. He said:

“I was today at Çağlayan courthouse for Osman Kavala’s trial and witnessed the umpteenth legal trick in this mockery of due process: After the irrational merge of Gezi case now judge ruled to split it again. All tricks won’t hide the truth: ECtHR rulings should be respected.

“All my support to Osman Kavala and the other defendants, and also to their friends and families. Particularly to Ayşe Buğra who is suffering most the unlawful imprisonment of her husband.”

The Rapporteur ended his message with the hashtag #OsmanKavalaÖzgürlük (Free Osman Kavala).