Statement by Osman Kavala’s Attorneys on ECtHR Verdict: A Long-Overdue Legal Gain

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  • December 10, 2019
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In the wake of ECtHR verdict of right violation, the attorneys of arrested businessperson Osman Kavala have released a written statement: We consider the ECtHR verdict to be a just, but a long-overdue legal gain.

Shortly after the European Court of Human Rights (ECtHR) has ruled that the arrest of businessperson Osman Kavala has violated the European Convention on Human Rights, KAlksal Bayraktar, Deniz Tolga AytAlre and Ilkhan Koyuncu, the attorneys of Kavala have released a written statement:

'ECtHR has requested his immediate release'

"The court has given a verdict of right violation and ruled that Osman Kavala shall be released immediately on the grounds that there is no reasonable suspicion suggesting that he intends to use violence; he only used his rights guaranteed by the convention and these actions were nothing but the ordinary acts and activities of a human rights defender; and his long period of arrest has the malicious intent of silencing the rights defender.

"We, as the attorneys of Osman Kavala, consider the verdict of the ECtHR to be a just, but a long-overdue legal gain.

"The legitimacy and bindingness of the verdict given by the ECtHR, which is a body of the Council of Europe co-founded by Turkey, are so open and clear that they cannot be opened to debate.

'Former presiding judge made similar observations'

"On the other hand, the comments that the content of the verdict in question has been cited in our judicial system for the first time do not reflect the reality.

"In fact, even though the esteemed President and members of the Constitutional Court and the reassigned former Presiding Judge of the Istanbul 30th Heavy Penal Court made observations and gave judgements in parallel with the ECtHR verdict, these observations and judgements have not taken their rightful place in our judicial system.

"We wish that this verdict, which was announced on such a meaningful day as December 10 Human Rights Day, will contribute to the judicial reform practices attempted to be introduced to our legal system. We underline that the necessary steps that would ensure his release in accordance with this verdict should be taken without a moment's delay."

Source: English Bianet