Kavala has been behind bars since November 1, 2017, standing trial on charges of attempting to overthrow the government, based on accusations that he organized and funded nationwide protests in 2013’s Gezi protests against then-Prime Minister Erdogan.
The European Court of Human Rights (ECtHR) has rejected the request for referral of its ruling on arrested businessperson and rights defender Osman Kavala to the Grand Chamber, which means that its ruling on Kavala is now final. The government previously objected to the ruling.
With the rejection today (May 12), the ECtHR ruling of right violation on Osman Kavala has become final. In its ruling on the arrested rights defender, the Court previously concluded that he was arrested with political motives and ruled for his immediate release from prison.
However, Osman Kavala is currently arrested in Silivri Prison in İstanbul as part of another investigation.
Call for the immediate release of Kavala
On December 10, 2019, ECtHR gave a verdict of right violation for Kavala, who was detained on October 18, 2017 and arrested on November 1.
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.
The Court concluded that the Articles 5/1 and 5/4 and Article 18 of the European Convention on Human Rights (ECHR) had been violated and ruled that Kavala should be released from prison immediately. The verdict emphasized that the arrest of Kavala was a right violation.
This verdict was the second one given against Turkey for violating the Article 18 of the ECHR. The first verdict was given for imprisoned former Peoples' Democratic Party (HDP) Co-Chair Selahattin Demirtaş.
Background
On June 8, 2018, Osman Kavala appealed to the ECtHR via his attorneys, indicating that this pre-trial detention violates that Article 5 (Right to Liberty and Security) of the European Convention on Human Rights and that the verdict of arrest against him was given with political motives.
Anadolu Kültür Inc. Executive Board Chair Kavala was the only arrested defendant in 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.
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