Statement by the Attorneys of Osman Kavala in the aftermath of the Hearing on 24 December
25 December 2019
At the hearing of 24 December 2019, Istanbul 30th High Criminal Court committed violation of rights by dismissing the decision of the European Court of Human Rights (ECtHR) of 10 December 2019 concerning the “immediate release” of Osman Kavala and “the absence of facts, information or evidence showing that he had been involved in criminal activity within the meaning of Article 312 of the [Turkish] Criminal Code”.
The legal authority to review the ECtHR judgments lies in the impartial and independent Turkish Courts; yet, Istanbul 30th High Criminal Court has delegated this authority to the Ministry of Justice in order to delay the process.
Beyond being unlawful, this decision indicates Turkey severs the ties with the European Convention on Human Rights and the principles of international criminal law that it has long been seeking to establish.
The “immediate implementation” annotation in the ECtHR ruling concerning the lifting of the arrest warrant on Osman Kavala is a constitutional obligation for the protection of Rights and Freedoms of an Individual and cannot be bound by the finalization of judgments.
Besides, the arbitrariness of the decisions made by the Court cannot be considered as an error of law or within the limits of judicial discretion.
At this point, the situation this unlawful decision put our justice and judicial system into is graver than the current situation of Osman Kavala, who has been detained for more than two years.
We would like to bring to the public attention our determination in seeking legal remedy against this unlawful practice through several means including an objection against the decision of the continuation of detention, applications to be lodged to the Council of Europe Committee of Ministers, the European Court of Human Rights, and forthwith to the Constitutional Court and the Ministry of Justice, and in particular through applications such as a request for the recusation of all judges and a complaint to the Council of Judges and Prosecutors.
Attorneys of Osman Kavala
Dr. Köksal Bayraktar
Deniz Tolga Aytöre