YENİ Party Diyarbakır MP Sezgin Tanrıkulu has reacted to the rejection by the Istanbul 13th High Criminal Court of the retrial and release application filed by Osman Kavala's lawyers.
Tanrıkulu stated that the court's decision is contrary to the Constitution, the European Convention on Human Rights, and Turkey's international obligations, and called for the requirements of the ECHR decisions to be fulfilled.
Reminding that Kavala was detained on October 18, 2017, and arrested on November 1, 2017, Tanrıkulu stated that he has been deprived of his liberty for nearly nine years. Kavala was sentenced to aggravated life imprisonment in the Gezi Park trial on charges of "attempting to overthrow the government," and the verdict was upheld by the Court of Cassation.
"FULFILL YOUR RESPONSIBILITY"
Tanrıkulu said that the ECHR and the Grand Chamber had previously issued a violation ruling regarding Turkey, ruling that Kavala's right to liberty and security had been violated. He noted that despite this, the decisions have not been implemented and requests for retrial have been rejected.
Stating that the ECHR announced its new decision on August 25 following the hearing held in Strasbourg on March 25, Tanrıkulu noted that Turkey was convicted this time due to violations within the scope of Article 6 of the European Convention on Human Rights.
Do not be a party to this situation which is contrary to the law and the Constitution. Fulfill your responsibility to remove the obstacles to Osman Kavala's freedom and to implement the requirements of the ECHR decisions.
Tanrıkulu also objected to the court's assessment that "domestic legal remedies have not been exhausted." He argued that the ECHR concluded that the individual application to the Constitutional Court was not an effective domestic legal remedy in the specific case of the Kavala application.
Calling on AKP officials, Tanrıkulu stated that Kavala's situation can no longer be seen merely as a matter of detention, and that it concerns a citizen who is being deprived of his liberty despite finalized international court rulings.
News Source: 12punto