Gezi Trial: Osman Kavala sentenced to aggravated life in prison

An Istanbul court reached a verdict in the case on 2013 Gezi Park protests and sentenced Osman Kavala to an aggravated life in prison for “attempting to overthrow the government of the Turkish Republic” and 8 defendants to 18 year prison for abetting the crime.

Istanbul court reached a verdict in a case over 2013 Gezi Park Protests which was reopened again in 2021 after the verdict of acquittal was overturned by the appeal court.

In the verdict hearing on April 25, the Istanbul 13th High Criminal Court sentenced imprisoned philanthropist Osman Kavala to an aggravated life in prison. Defendants Mücella Yapıcı, Çiğdem Mater, Hakan Altınay, Can Atalay, Mine Özerden, Yiğit Ali Ekmekçi, Tayfun Kahraman were sentenced to 18 years in prison each. It was decided to arrest the accused.

In the case where Osman Kavala was the only detainee, Prosecutor Edip Şahiner asked Kavala and Mücella Yapıcı to be sentenced to aggravated life in prison for “attempting to overthrow the Government of the Republic of Turkey by using force and violence”, and 6 defendants to be sentenced to 15 to 20 years in prison for “aiding” this crime.

Kavala: “The opinion reflects the discourses of political actors”

Osman Kavala, who did not attend the previous hearings in protest, stating that the judicial process is political, attended the decision hearing on 22 April and gave his defense.

“In the opinion (of the prosecutor) we don’t see an honest and objective evaluation of concrete events, we see a fiction of Gezi Park Protests which reflects the discourses of political actors, to be repeated and fortified with additional ideological determinations.
This fiction may come in handy for a time to falsify justice. However, I believe that this situation will not last long and it will not be possible for the public to be convinced of this fiction and that those present here are guilty.
After losing four and a half years of my life, what I can find solace in is the possibility that what I’ve been through has contributed to confronting the problems in the judiciary and that those who will come to trial after me will be treated more fairly.”

Kavala’s statement

The Gezi Park and 15 July cases, which had previously resulted in acquittal, were overturned by the Court of Cassation and Appeal Courts, and were combined and reopened in July 2021. Businessperson Osman Kavala, who was tried again although he was released from these cases before, kept in prison during the trial.

Osman Kavala has been in prison without a conviction since 2017 and has been tried with different charges with different files on The Gezi Park and July 15 Coup attempt cases. The cases previously resulted in acquittal are overturned by the higher court, combined and reopened in July 2021. Kavala was accused again in the merged case with a file with minor changes, even though he was released from these cases before. The case was detached again.

Infringement Procedure

European Court of Human Rights previously ruled that his detention was a violation; however, the courts kept him imprisoned. His prolonged imprisonment without verdict has become a subject of Ankara’s ties with the western world after Erdoğan accused ambassadors of 10 countries stirring a diplomatic debate in 2021.  

The Committee of Ministers of the Council of Europe, which is responsible for overseeing the implementation of the ECtHR decisions, demanded the release of Osman Kavala. The committee warned that otherwise the infringement procedure would be initiated. If a violation procedure is initiated, the ECtHR has the right to take a sanction decision.

Following the warning of the Committee of Ministers, 10 countries’ ambassadors published a statement demanding the release of Kavala, and the statement turned into a crisis with President Tayyip Erdoğan’s statement that he had declared these ambassadors “persona non grata”. After the ambassadors’ statements, the diplomatic crisis subsided.

In the previous hearings of the case, held in November, January and March, Kavala’s detention continued despite the Committee of Ministers’ warning of violations. Thereupon, the Council of Europe initiated an infringement procedure regarding Turkey.

After the previous hearing it was argued by the commentators that Turkey aimed Kavala to be sentenced as soon as possible to evade infringement process as he will be “convicted” not a “detainee”.