Constitutional Court rejects Osman Kavala’s application, finds no violation of right to liberty and security

22 May 2019
-

Ankara – Constitutional Court’s General Secretariat rejected Osman Kavala’s individual application today. The high court ruled that Anadolu Kültür Inc. Chairman Osman Kavala’s detention does not violate his right to liberty and security. Kavala was arrested on November 1st, 2017 and has been imprisoned since. The court reached this decision with majority of votes (10-5). Following this ruling, all eyes are turned towards Kavala’s application to the European Court of Human Rights (ECtHR), which is still pending.

The Constitutional Court announced yesterday that businessperson Osman Kavala’s individual application will be included in today’s agenda. During the meeting, the judges discussed claims made by Kavala’s lawyers, who argued that Kavala’s “right to liberty and security were violated by the arrest measure being unlawful, restricting access to the investigation file and detention evaluations being made without the defendant being brought before a court or a judge.”

Court rapporteur assessment found a violation

Constitutional Court rapporteur had submitted an assessment earlier, noting that “Kavala’s detention is unlawful and constitutes a violation of his right to liberty and security,” further suggesting the decision to be relayed to the concerned court in order for this human rights violation to come to an end. In their meeting, the General Secretariat reviewed the rapporteur’s suggestions as well.

As a result of the meeting, the high court ruled that Osman Kavala’s detention does not constitute a violation of his right to liberty and security. The decision was reached by majority of votes (10-5).

Background of the trial

Osman Kavala was taken into custody at Istanbul Ataturk Airport as he arrived from Gaziantep on October 18th, 2017 as part of the investigation launched by Istanbul Chief Prosecutor’s Office. Kavala was arrested on November 1st, 2017. Kavala’s arrest order noted that he was charged with “attempting to overthrow the constitutional order” and “attempting to abolish the government.” The warrant claimed that Kavala was the organizer and manager of the “Gezi Park protests,” which the document alleged was a protest aiming to abolish the government and prevent it from performing its duties, which all terror organizations (FETÖ/PDY, PKK/KCK, DHKP-C, MLKP) have participated in.