Turkish court sentences philanthropist Kavala to life

ANKARA, Turkey

A Turkish court on Monday sentenced prominent Turkish civil rights activist and philanthropist Osman Kavala to life in prison without the possibility of parole, finding him guilty of attempting to overthrow the government through mass protests in 2013. The governments Westerners and rights groups have strongly criticized the ruling, with one calling it “a travesty of justice of spectacular proportions”.

The Istanbul court also sentenced seven other defendants, including 71-year-old architect Mucella Yapici, to 18 years in prison each for “aiding” in the attack. He ordered that the activists, who were not in custody, be immediately arrested, state-run Anadolu news agency reported.

The verdict, which is likely to damage Turkey’s ties with Western countries, comes as Europe’s top human rights body, the Council of Europe, has launched infringement proceedings against Turkey for refusing to comply with a judgment of the European Court of Human Rights, which in 2019 called for Kavala’s release on the grounds that his rights had been violated.

Kavala, 64, has been incarcerated in Silivri prison, on the outskirts of Istanbul, since his arrest on October 18, 2017, accused of financing the protests. He and other defendants have denied all charges and are expected to appeal the verdicts.

Human rights groups say Kavala was prosecuted with flimsy evidence and the case is politically motivated. Kavala is the founder of a non-profit organization, Anadolu Kultur, which focuses on cultural and artistic projects promoting peace and dialogue.

Supporters of Kavala and the seven other defendants immediately protested the verdicts on Monday, shouting slogans in support of the 2013 protests that escalated from a dispute over the construction of a shopping mall in an Istanbul park into protests against the government of then Prime Minister Recep Tayyip Erdogan.

German Foreign Minister Annalena Baerbock said the verdict “flagrantly contradicts the constitutional norms and international obligations to which Turkey is committed as a member of the Council of Europe and a candidate for membership of the EU”.

“We expect Osman Kavala to be released immediately – the European Court of Human Rights has compelled Turkey to do so,” Baerbock said.

Rights group PEN America called the verdict a “dark moment for Turkey”, while Nils Muiznieks, Amnesty International’s Europe director, said it was a “dark travesty of justice of spectacular proportions”.

“The court’s decision defies all logic. Prosecuting authorities have repeatedly failed to provide evidence supporting baseless charges of attempting to overthrow the government,” Muiznieks said in a statement. “We continue to call for the immediate release of Osman Kavala and his co-defendants as they appeal these draconian verdicts.”

Ozgur Ozel, an opposition lawmaker whose party frequently questions the independence of Turkey’s courts, accused the judiciary of allegedly responding to the wishes of Erdogan, who is now president.

“Justice has not prevailed here today – the will of the person running this country has been carried out,” he told reporters outside the courthouse.

Ozel also denounced the trial as an attempt by Erdogan to “demonize protests that were extremely peaceful and organized for environmental reasons.”

Asked about his final words in court on Monday, Kavala said: ‘The aggravated life sentence demanded of me is murder that cannot be explained on legal grounds,’ according to the Media and Law Studies Association group which followed the trial. .

In his defense statements on Friday, Kavala again denied the charges, insisting he simply brought pastries and face masks to protesters. He said claims he led the protests are “not plausible”.

“The fact of having spent 4 and a half years of my life in prison is an irreparable loss for me. My only consolation is the possibility that my experience will contribute to a better understanding of the serious problems of the justice system,” Kavala told the court via video link from Silivri.

Kavala was initially acquitted in February 2020 of charges that linked him to the 2013 protests at Gezi Park. As supporters awaited his release, Kavala was re-arrested on new charges linking him to the 2016 coup attempt in Turkey. The acquittal was later overturned and the case was merged with that relating to the attempted coup, which the Turkish government blames on the network of US-based Muslim cleric Fethullah Gulen. Gulen denies any connection to the coup attempt.

The court on Monday acquitted Kavala of charges related to the attempted coup, saying there was insufficient evidence, Anadolu reported.

In October, Kavala’s continued detention sparked a diplomatic crisis between Turkey and 10 Western countries, including the United States, France and Germany, after they called for his release on the fourth anniversary of his imprisonment.

Erdogan has accused Kavala of being the “Turkish branch” of US billionaire philanthropist George Soros, who the Turkish leader says has been behind insurgencies in many countries. He threatened to expel Western envoys for interfering in Turkey’s internal affairs.

The 2019 ruling by the European Court of Human Rights said Kavala’s imprisonment was aimed at silencing him and other human rights defenders and was not supported by evidence from an offense.

The lengthy infringement procedure by the Council of Europe, a 47-member bloc that defends human rights, could lead to the suspension of Turkey’s voting rights or membership in the organisation.

Erdogan dismissed the infringement procedure, saying Turkey would not “recognize those who do not recognize our courts”. Turkey had argued that Kavala’s detention was linked to the 2016 coup attempt and not to previous charges that had been considered by the European Court.