European court rejects Turkish appeal of Osman Kavala ruling

Court proceedings continued in the so-called Gezi trial through 2019, leading to the acquittal of some defendants. Following the ECHR ruling in December, Kavala and the eight remaining defendants were acquitted on Feb. 18, 2020, sparking a short-lived moment of celebration before Kavala was rearrested the same day on new espionage charges related to a 2016 coup attempt.

Human rights advocates saw the rearrest as an attempt by Turkish officials to circumvent the ECHR ruling for his release. Buyum said Tuesday’s decision to uphold the ruling implies Turkish judges failed to present sufficient evidence to differentiate Kavala’s espionage case from previous charges lodged against him.

“There’s really no reason for him to remain in prison,” Buyum told Al-Monitor. “This new charge is based on the old, unconvincing and unsubstantiated allegations for which the state has not been able to provide a conviction for over two years.”

Turkey’s Justice Ministry did not respond to requests for comment.

In its December ruling, the ECHR concluded Turkey had violated Articles 5/1, 5/4 and 18 of the European Convention on Human Rights, essentially stating Kavala had been denied the right to liberty, a speedy trial and that his detention was a misuse of Turkish laws to “silence” the defendant.

Kavala continues to be held in Istanbul’s Silivri prison, where 44 inmates tested positive for COVID-19, according to a May 8 statement by the Bakirkoy chief prosecutor’s office. Selahattin Demirtas, the former co-chair of the pro-Kurdish Peoples’ Democratic Party, is being held in the same prison after the ECHR declared his detention was also in violation of Article 18. An appeal of the court’s ruling on Demirtas’ case was accepted March 18, 2019, and the Grand Chamber is scheduled to review the decision as Demirtas nears his 1,300th day behind bars.

Following Tuesday’s decision on Kavala’s case, ECHR representatives will now monitor developments in Turkey to follow whether Turkish officials adhere to the ruling and release the civil society figure.

“With the court’s decision to reject the Turkish government’s request for referral of Kavala’s case, the European Court’s ruling from last December establishing Kavala’s imprisonment as politically motivated is now final,” Marc Behrendt, director of Freedom House’s Europe and Eurasia programs, said in a statement Tuesday. “Turkey should uphold its human rights obligations and release him immediately.”