Attorney of Osman Kavala: They Want to Convict Him Before ECtHR Judgment Becomes Final

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Businessperson and rights defender Osman Kavala was not released yesterday (January 28) in the fifth hearing of the Gezi Trial, where he is the only defendant behind bars.

The defending attorneys requested recusation, indicating that the testimony of former soldier Murat Papuç, who is cited as an "informer" in the file, was not taken in accordance with the due process of law. While the court board rejected this request, the attorneys left in protest. Applauding in support of the lawyers, the audience was also ordered out of the court hall.

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İlkan Koyuncu, an attorney of Osman Kavala, told bianet that the local court "makes a serious effort" to convict Kavala despite the European Court of Human Rights (ECtHR) judgment on December 10 that said he should be immediately released. "The court has no purpose of abiding by the law and legislation anymore."

'Court board does not listen to anyone'

"The court is making a serious effort to convict Osman Kavala. I think that the court was told, 'By any means, make a judgment before the ECtHR decision is finalized'.

"The court does not have a purpose to comply with law and legislation anymore. The only thing that matters to them is to give a ruling before the ECtHR judgment becomes final on March 10. Even if there is not a hearing on that day, the court may give a ruling. Because it seems so focused and planned."

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"The court has begun holding hearings in every 10 or 15 days and does not listen to anyone in the hearings. The identity information of the witness it is listening to is false. There is nobody named Murat Papuç. This is such an obvious thing that the court should at least summon that person again. Because the man called Murat Papuç is not Murat Papuç. The man's last name was changed. Behind closed doors, you received the statement whose identity information is different and when we ask him to be summoned again, you don't listen to [us].

"They want to convict Kavala as soon as possible"

"All these efforts are, all the legal system is striving for Osman Kavala not to be released. The legal system of the whole country is dealing with this right now. They say, 'Osman Kavala should not be released regardless of what happens.' The Presiding Judge openly lies, says a letter that says Osman Kavala's ECtHR decision has not become final has come from the Ministry of Justice. This is totally a lie. The Ministry of Justice never sends a letter to a court that says, 'The decision has not become final.'

"Despite this, they are in a hurry as if there is such a letter. But as I said, they want to convict Osman Kavala as soon as possible because there is no purpose to be legal or legitimate.

'They will convict him before the final judgment'

"How can the prosecutor give an opinion despite all these, as if the case is completed? It is so obvious that what it is. There is only one purpose, and that is to convict Kavala before the ECtHR judgment becomes final.

"If they convict Osman Kavala until March 10, they will say, 'Osman Kavala is not remanded anymore. There is a court judgment on him, so the ECtHR decision cannot be implemented,' and they won't release him." (HA/VK)