Utku Can Akyol*
In his speech at the National Platform of the Will’s iftar, Recep Tayyip Erdoğan said, “This man was Turkey’s Soros, and this man was the behind-the-scenes coordinator of the Gezi events.” he started. Then he spoke of the days when “our veiled girls were dragged out of college” in the usual way. However, his insistence that beer was drunk in the Dolmabahçe Mosque (Bezmialem Valide Sultan Mosque) and that channels were opened from the mosque to the Prime Minister’s office via “chargers”, which he did not utter very often was as creative as the indictment against Kavala.
“With the ruling on the Gezi events, our justice system not only eased their conscience, but also taught those with similar intentions a lesson in law and justice.” his words were an intimidation as to the possible future.
According to the government, the end of the years-long Kavala Marathon was for now in Çağlayan, and the first convictions were announced without much trial activity other than taking interrogations.
The decision was also very interesting, as was the trial of the snake story. Osman Kavala was sentenced to aggravated life imprisonment not for military or political espionage, but TCK art. 312/1 for “attempting to overthrow the government of the Republic of Turkey or to prevent it from doing its duty”.
While the 30th High Criminal Court’s acquittal verdict for Kavala and the other defendants was overturned by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice, the Çarşı case was dismissed and the 16th Criminal Chamber of the Supreme Court of Appeal overturned Çarşı’s acquittal with a similar citation. (Meanwhile, the 36th High Criminal Court case, in which the investigation preventing Kavala’s release turned into a trial, has also been merged with the 30th Heavy Punishment case.) The 30th Court of assizes submitted its proposal to the 13th High Criminal Court until August 6, 2021. Pending a response, on July 28, 2021, the president of the 30th assize court, while the president of the 13th court of assizes was on leave,
As head of the 13th Provisional Heavy Criminal Court, he accepted his own proposal and consolidated the records. Things went wrong before we even got here, and the case had already left Kafkaesque behind.
In the provisional decision numbered (12) issued during the (2) session of the combined file of October 8, 2021, it was requested that the Istanbul KOM Police Department read the communication detection report to the defendants of Çarşı , and that an expert report be obtained from the forensic pathology service, although the lawyers have made this preliminary decision against the defendants. The objection was filed on the grounds that he had been compelled to produce evidence and that the court was trying to produce evidence during the trial, and the court reversed this decision. decision at the next hearing. Indeed, the thought of the Istanbul Police Department, which was a party to the lawsuit as a plaintiff, of forcing the accused to read what was written on a piece of paper was unbelievable. “I wonder if they want us to shout it?”
Again, in the interim decision of the same hearing numbered (9), our request for an expert report on whether the torches, which served as the basis for the verdict in the first Çarşı case, were hazardous substances suitable for terrorist acts, was accepted, and in the minutes between the hearings it was clarified that the substances were not explosive within the meaning of the law, which could be touched while burning. .
Finally, the files were separated by the 13th Heavy Criminal Court on February 2, 2021, thus the means of appeal and the Court of Cassation were eliminated.
At the request of the Separation (Separation) Prosecutor’s Office, Attorney Köksal Bayraktar and Attorney Fikret İlkiz criticized the decision, and Bayraktar said the merger was intended to prolong Kavala’s detention. The opinion on the merits was given on March 4, between the hearings, and after the hearing on March 21, 2022, the defense lawyer had time to make a final statement against the opinion on the merits.
Mücella Yapıcı, 72, who impressed me the most as a spectator at the judgment hearing, said: “I don’t think these are my last words. There were statements that started with the sentence. “I have been honored with my life. I hope you will experience the same honor when you are my age.”
Our colleague the lawyer Can Atalay, with whom we naturally sympathize, has chosen to defend the families of the workers of Soma, the girls who died in Aladağ, the students of the Bosphorus, and to be condemned in this courtroom if necessary, instead of being a rich lawyer up.
The member judge, who had voted against Kavala’s detention early on, said evidence obtained on the basis of other charges was “prohibited evidence” that could not be taken as the basis for this provision, and that the crime would not be confirmed even if it was taken as a basis, and it was acquitted for all defendants and for Kavala to be released.
There was the Gezi/Kavala case yesterday and it resulted in a conviction with the opposing vote.
In the July 3 match-fixing case, even the wiretaps made after the match-fixing law, stating that “the wiretapping was done by the organization, not the match-fixing, the organization has been acquitted” were not accepted as evidence.
In the Kavala case, the opposite happened.
— @avdursunkucuk April 26, 2022
However, it sparked in me the feeling that revenge was taken “by eye”, not a historical position, contrary to opinion in the media, perhaps being unfair to the idea behind this comment . This counter-vote would be a possible “fair trial” of defense against Europe politically.
Again, the fact that the other member judge was a former AKP deputy candidate was stronger evidence than Osman Kavala’s telephone signaling from the same neighborhood as Henri Jak Barkey in a case where the plaintiff of first line was the “former chief” of the judge. They have already made the justice system this way with more selfless effort than evidence gathering.
The insistent revenge has not been assimilated even by the supporters of power, whose words we do not consider worthy of quoting, whose decision has been much criticized. It even remained in the “lower left corner” of the newspapers. It’s like when movies that are too scary become funny. The suffocating power also seems to have begun to tire his own community. There is also the left, which cannot even unite on this issue. It is the turn of the famous terrorist organization Çarşı, whose activities we have discussed in detail in our previous articles.
The trial on the coup attempt of the Beşiktaş supporters group, which does not seem to have any contact with Osman Kavala and Taksim Solidarity, will continue on May 27.