Last minute: Decision taken in the Gezi case: aggravated life sentence for Osman Kavala, 18 years in prison for 7 defendants

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During the hearing held today at the 13th High Criminal Court in Istanbul, the statements of the defendant’s lawyers were taken. In the final defence, defendant Osman Kavala’s lawyer, Köksal Bayraktar, said: “Over the past 4.5 years, Turkish justice has made an incredible effort to keep my client Osman Kavala in custody. He was arrested again before setting foot on the road as he was released from Silivri at midnight. “It is a sad situation in the 20th century. Our clients did not commit criminal crimes, the elements of the crime did not occur. He did not actively participate in the events. We demand that he be brought to an end to his detention and that a verdict of acquittal be rendered to him.”

Kavala’s lawyer, Ilkan Koyuncu, said: “You are going to trial around July 15, but nobody asked Osman Kavala where he was on July 15. You are bringing charges against the government. The defendants tried in this matter did not go to Ankara.”

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Abbas Yalçın, the lawyer for fugitive defendant Can Dündar, also said that his client was accused of trying to start a TV channel and said, “My client also tried to start a TV channel. Fortunately, there are honorable people trying to do that. their work well. I don’t have a court order.

THE DEFENDANTS’ LAST WORDS

After the statements of their lawyers, the last words of the defendants were taken. Defendant Osman Kavala, in his last words, said: “After the European Court of Human Rights decided that my detention was a violation of rights and that my arrest was political, it is illegal to ask for a sentence of aggravated life imprisonment with unproven evidence. This is murder. Executed by way of justice, just like the crimes in the second indictment.”

Defendant Mücella Yapıcı said: “I don’t think this is my last word. I have been a professional for 50 years. I have tried to be as enlightened as possible. I have never been in favor of violence “I have practiced my profession with honor for the benefit of society. I have never allowed a single child to eat a forbidden bite. I have not committed theft, bad luck or corruption.” have used in accordance with my profession. I have been honored with my life. I hope you will experience the same honor when you reach my age. The judgment is yours,” he said.

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Defendant Can Atalay said: “We did not reach out to haram, we did not take the right to use the state, we did not use the state for our own interests, we did not seize power from the state and surrender our followers We did not commit a crime We did law enforcement, architecture, urban planning It is not a trial activity. If the problem is to possess the Gezi resistance, we possess it. this is only the beginning, we continue to fight,” he said.

Defendant Tayfun Kahraman said: “We are on the line. A trial is being held here for a crime that does not exist. The trip ended successfully because it was protected as a park. This is perhaps the only success we have achieved. in Istanbul. We are judged for our opposition to urban crimes. You will make a conscious decision. “We want you to dismiss this legal proceeding, which is under orders, and close this case,” he said.

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Defendant Çiğdem Mater said: “I regret being tried for these allegations. I do not accept being tried as a putschist. ‘Osman Kavala. I deny all charges and demand my immediate acquittal.’ Defendants Mine Özerden and Ali Hakan Altınay requested their acquittal. After the final words were spoken, the court adjourned the hearing, saying it would announce its decision.

THE DECISION IS ANNOUNCED AFTER APPROXIMATELY ONE HOUR.

After about an hour, the court counsel announced their decision. Article 312/1 of the TCK for the accused Osman Kavala. He was sentenced to aggravated life imprisonment for the crime of “attempting to overthrow the government of the Republic of Turkey or to perform his duty”. Given Kavala’s behavior during the trial and the manner in which he committed the act, no discretionary discount was applied. The delegation decided to arrest Osman Kavala for this crime.

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KAVALA WAS ACQUIRED FROM “ESPY”

Osman Kavala was acquitted of the crime of “political and military espionage, as there was no definitive and sufficient evidence. Since it was decided to pre-arrest Kavala in accordance with Article 312 of the TPC, he was It was decided to release him on the charge of “espionage”. “Property damage” for the defendant Kavala, “although a legal action has been brought for the offenses of possession or unauthorized change of hands of dangerous goods “, “damage to places of worship and cemeteries”, “opposition to law number 6136”, “qualified damage”, “opposition to law number 2863”, there is no need to establish a separate provision since It falls under TCK Section 312. It has been decided.

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18 YEARS IN JAIL FOR 7 PEOPLE

Defendants Ayşe Mücella Yapıcı, Çiğdem Mater Utku, Ali Hakan Altınay, Mine Özerden, Can Atalay, Tayfun Kahraman and Yiğit Ali Ekmekçi were sentenced to aggravated life imprisonment before being charged with “attempting to overthrow the government of the Republic of Turkey or to fulfill his duties”. However, he was reduced to 18 years in prison on the grounds that it was understood that they facilitated the execution of the other defendant, who was the main perpetrator of these crimes, as they assisted in the commission of the crime. No discretionary discount was applied to these defendants either. The delegation did not delay the announcement of the verdict concerning the defendants and did not decide to postpone it. Considering the amount of the sentence imposed on the defendants and the nature of the crime, it was decided to arrest them. It was decided that there was no room for a separate trial, as 7 defendants remained under Article 312 of the Turkish Penal Code on other charges.

9 LEFT DEFENDANT’S FILE

It was decided to separate the case against defendants Can Dündar, Ayşe Pınar Alabora, Henry Jack Barkey, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, Memet Ali Alabora, Yiğit Aksakoğlu and İnanç Ekmekçi, for whom a warrant of judgment was issued. After the decision was announced, things got mixed up. People in the courtroom booed the court saying, “Everywhere is Taksim, everywhere is resistance. The board members left the room before they finished reading the verdict. The police came to the courtroom for the 7 defendants for whom arrest warrants were issued. The defendants were taken to the police station inside the courthouse to be taken to the jail, accompanied by the police, to cheers and chants.

IT WAS CARRIED BY A MAJORITY OF VOTES, THE MEMBER JUDGE ANNOUNCED THE DECISION

However, the decision was taken by majority vote. The member judge was acquitted because there was no wiretapping decision within the meaning of article 312 of the TCK, the wiretapping recordings in the file constitute prohibited evidence according to the case law of the Court of Cassation, the wiretapping tapes alone were not enough for their convictions, and there was not enough evidence for the defendants to be punished for the crimes committed against them. stating that he was of the view that the defendants should not be arrested, the decision was annotated.

CASE BACKGROUND

The trial in which 16 defendants, including businessman Osman Kavala, journalist Can Dündar, Ayşe Mücella Yapıcı and actress Mehmet Ali Alabora, regarding the Gezi Park protests were tried for the crime of “attempting to overthrow the government of the Republic of Turkey”, was concluded on February 18, 2020. It was decided to acquit 9 defendants, including Osman Kavala, and to separate the files of the fugitives. The prosecutor’s office appealed the local court’s decision. On January 22, 2021, the 3rd Criminal Chamber of the Istanbul Regional Court of Justice overturned the acquittal of 9 defendants, including Osman Kavalı. Thereupon, during the hearing on April 28, 2021, the 30th High Criminal Court decided to join the case of arrested defendants Can Dündar, Mehmet Ali Alabora, Ayşe Pınar Alabora, Gökçe Tüylüoğlu, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu and İnanç Ekmekçi with the main case. On the other hand, Osman Kavala and former CIA adviser Henri Barkey, who is the subject of an arrest warrant, have been accused of having “violated the Constitution” and “of having provided information confidential information for political or military espionage” regarding the July 15 FETO coup attempt. The case in which they were tried in the High Criminal Court has also been merged with the main Gezi Park case.

SEAL WITH BAZAAR CASE AND AFTER LEFT

The acquittal verdict handed down by Istanbul 13th High Court for “attempted coup” and “unauthorized demonstration” against 35 defendants, including members of the Çarşı partisan group from Beşiktaş, regarding the events in Gezi Park was overturned by the Supreme Court. In the annulment decision, it was decided that the case be combined with the main Gezi Park case, which includes Osman Kavala, before the 30th High Criminal Court of Istanbul, on the grounds that it has legal links and de facto. At the February 21, 2022 hearing of the case, which continued before the 13th High Criminal Court, it was decided to separate the Çarşı case with 35 defendants. Osman Kavala has been detained since November 1, 2017.

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