Aggravated life sentence for Osman Kavala – Diken


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A decision was made today in the trial of those accused of funding and organizing the Gezi Park protests, including businessman Osman Kavala, who has been imprisoned in Silivri prison for 1,637 days.

Court delegation to Osman Kavala “try to overthrow the government” sentenced to aggravated life imprisonment.

Mücella Yapıcı, Çiğdem Mater, Hakan Altınay, Mine Özerden, Can Atalay, Tayfun Kahraman and Yiğit Ali Ekmekçi were each sentenced to 18 years in prison. The defendants were also ordered to be arrested.

It was revealed that Murat Bircan, a member of the delegation, was a candidate for the position of AKP parliamentary candidate in the 2018 general elections.

Drawing: Murat Basol

What happened at today’s hearing?

Osman Kavala attended today’s hearing at the 13th High Criminal Court in Istanbul through the Audio and Visual Information System (SEGBİS). There was a problem with Kavala’s image in the first two hours of the hearing due to the connection problem, then this problem was solved.

In the first session of the decision hearing, which began on Friday, April 22, the defendants responded to the defense on the merits. During today’s hearing, the lawyers presented their defense on the merits. The lawyers drew attention to the shortcomings of the indictment and the notice, spoke of the lack of merit of the charges, pointed out the shortcomings of the trial and demanded an acquittal.

Warning from the observer to the delegation

Yiğit Ali Ekmekçi’s lawyer, Emel Ataktürk, explained that procedural guarantees such as the independence, impartiality and presumption of innocence of the court were violated countless times during the trial. As Ataktürk made a statement, an observer following the hearing said:Judges and prosecutors, please don’t answer your phones, please listen” mentioned.

“The Dance of Law and Politics”

Bahri Belen, the attorney for Gökçe Tüylüoğlu, an employee of the Open Society Foundation overseas, also said:No irregularities were found in the audits carried out at the foundation where my client works. My client was also not interviewed. In fact, this case is the dance of law with politics. Politics may want to dance, but the law should not allow such a dance. I ask you to rule on the defendants in the case, especially my client, as judges outside of court policy.

“We live repetitions of repetitions”

After Belen, Fikret İlkiz, one of the lawyers of Solidarity Taksim components, took the floor. Here are some excerpts from İlkiz’s speech:

  • None of you attended the trial before the 30th High Criminal Court in Istanbul, you don’t know what was said there. We live repetitions of repetitions. Judicial bodies do not have the right to make accused persons repeat the same things.
  • In the reasoned decision of the 30th Istanbul High Criminal Court, it was stated that Osman Kavala was not Gezi’s financier. My clients aren’t either, and they can’t be, because they don’t have the money.
  • Mücella Yapıcı, who said that she will present the same defense regardless of how many indictments you bring in the first trial at the 33rd Criminal First Instance Court in Istanbul, presented the same defense again . If you try again in five years, we will do the same defense again.
  • In any case, you want to make a decision immediately. You didn’t make the decision to give the defense time. If you are not considering another criminal proceeding, time is given for the defence. While attorney Tora Pekin was talking, you said it’s been 48 minutes. Do you hold the time? You gave him 10 more minutes. This is a violation of the right of defence. So what are we doing here? We plead to perform a ritual. How many things these people have defended against you!
  • If you have a case pending at the Istanbul Prosecutor General’s Office, bring it and try again! What law does this have? Whatever you say, the decision is clear!

‘Do you need to give instructions?’

Speaking after Lawyer İlkiz, Evren İşler, the Lawyer for Taksim Solidarity Components, said Member Judge Murat Bircan was a candidate for AKP’s Samsun parliamentary candidate in the 2018 general election. Quoting the news on the Bafra55 website, İşler stated that Bircan “For a strong Turkey, we need a strong leader. This powerful leader is our President Recep Tayyip Erdogan.” he said. Jobs, “In this case, Erdogan is the first victim. Do you need instructions? Member judge already loves him, trusts his leadership” mentioned.

The request to withdraw the case was rejected

After this fact was revealed, Bircan was observed smiling. Kavala’s lawyer, Köksal Bayraktar, and Hakan Altınay’s lawyer, Tora Pekin, demanded the withdrawal of Judge Bircan from the case. The court rejected the request, arguing that this request was intended to prolong the case.

Then Osman Kavala’s lawyers took the floor. Lawyer Köksal Bayraktar, in his opinion on the merits, denounced the Gezi attemptrecalling that ‘Insurrection means revolution and coup d’etat. You have to choose the right terms. We are neither revolutionaries nor putschists. You do not have this right. You can’t say that word” mentioned.

“This delegation cannot make this decision”

Kavala’s other lawyer, Tolga Deniz Aytöre, also said:Regarding our request for withdrawal “To Prolong the Deal” you said. This committee cannot make that decision. The decision is lame from the start. There was no judgment here. You didn’t even ask Osman Kavala a single question. ‘Joyful Have you been to Gezi Park? Even if you ask. You go to the decision with unusual haste. At least bring the tapes that are your only evidence. “These are the voices of the accused” if you asked. We speak only to perform a ritual, so that such considerations do not happen again. You insist on using this evidence because you have no other evidence. There is no crime in the content of the conversations in these tapes.

“As the elections approach…”

Kavala’s lawyer, Ilkan Koyuncu, said:Since there was no element of force or violence in the case, you combined the Çarşı case with this case. Then you split the file because you didn’t want to punish them, because the election is coming up. You didn’t want to face a group. When I say you, I challenge the owner of his decision.” mentioned.

After the lawyers’ speeches, the defendants were asked to say their last words. The defendants also said:

Osman Kavala: After the ECHR decision of violation of rights, after explaining that none of the evidence presented against me associated me with the crime and did not create a reasonable suspicion, it is not legal to demand a prison sentence of aggravated life sentence with unproven evidence. Like the crimes in the second indictment, this is an act of murder using justice.

mucella maker: I don’t think that’s my last word. I am a 50 year old professional. I tried to be as clear as possible. I have never been in favor of violence. I practiced my profession with honor for the benefit of society. So far, I have never given a single forbidden bite to my child. I did not commit theft, bad luck or corruption. I used my profession in accordance with my profession. I am honored with my life. I hope you will have the same honor when you reach my age. The verdict is yours.

Tayfun Heroes: We are at the end of the word. A trial is being held here for a crime that does not exist. The trip was a success as it has been preserved as a park. This is perhaps the only success we achieved in Istanbul. We are prosecuted for our opposition to urban crime. You will make a conscious decision. We ask that you dismiss this legal proceeding and close this file.

Can Atalay: We did not touch the haram, we did not eat the law, we did not use the state for our own interests, we did not seize the power of the state and enrich our followers. We have not committed a crime. We have done law, architecture, town planning. This is not a judgmental activity. If the problem is to embrace the Gezi resistance, we do it. This is not the end. This is the beginning of continuing to struggle.

Cigdem Mater: I regret being prosecuted for these allegations. I do not accept being judged as a putschist. I expected the youth murderers to be prosecuted during the protests, but this lawsuit was filed instead. You can’t give back the 4.5 years you stole from Osman Kavala’s life. I deny all charges and demand my immediate acquittal.

Ozerden Mine: I demand the end of the tutelage of the executive over the judiciary, that the power of the law prevails over the law of the fort, and I demand my acquittal.

Hakan Altinay: I said what I had to say, I demand my acquittal.

Yigit Ali Ekmekci: I demand my acquittal.

Trial judge Gezi was an AKP candidate.

“Towards the end” for the third time: the Gezi trial in 9 questions

Reminder file (3): Why is Osman Kavala under arrest?

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