Statement on the ECtHR decision by Osman Kavala'a defense attorney Prof. Köksal Bayraktar
Osman Kavala’s defense attorney Prof. Köksal Bayraktar made the following statement regarding the recent ECtHR decision on Osman Kavala case:
The judgment by the European Court of Human Rights (ECtHR) regarding the long detention period of Osman Kavala bears an utmost importance. Six months ago, Government of Turkey requested the referral of the case to the Grand Chamber. As the recent decision of the ECtHR is the rejection of this request, it stands as the finalization of the judgment. Hereby, ECtHR ruled that continuation of Osman Kavala’s prolonged detention is a violation of right to liberty and security in accordance with the Article 5.3 of the European Convention on Human Rights (ECHR). Continuation of individual’s detention for a long time is indeed completely against the content of the ECHR and the right to liberty and security.
Osman Kavala’s detention of almost three years being in violation of ECHR will be continued to be proponed as a defense before the Turkish Judiciary. It must be acknowledged that continuous extension of detention is a violation of individual rights and freedoms and attempts to prolong detention through creating novel charges is furtherance of this violation. The judgment by the ECtHR will be proponed repeatedly before both the Turkish courts, particularly the Constitutional Court, and international courts.
Prof. Köksal Bayraktar, 13 May 2020