Kavala supports Feti Yıldız's call for 'lawful trials'

Businessman Osman Kavala, who was convicted in the Gezi Park trial, issued a written press statement following MHP Deputy Chairman Feti Yıldız's call for trials conducted in accordance with the law.

Kavala stated the following:

"In his recent statement emphasizing the importance of adhering to universal legal principles and standards, MHP Deputy Chairman Mr. Feti Yıldız reminded us that a correct conclusion cannot be reached with incorrect evidence, and that attempts to prove guilt with such evidence will remain nothing more than suspicion and conjecture.

This warning is directly related to the fundamental problem that leads to severe human rights violations in criminal courts.

According to universal legal principles, the majority of violation findings by the European Court of Human Rights and the Constitutional Court, which are obligated to protect individual human rights, concern arrests and convictions based on incorrect or incomplete evidence. What makes the situation even more dire is that local courts do not take these findings into account and refuse to review decisions made based on suspicion and conjecture

refuse to do so.

As the President of the Court of Cassation has stated, resisting the remedy of a violation creates a more severe illegality than the judicial act that caused the violation in the first place. This behavior, which constitutes a violation of constitutional provisions, also means a more fundamental breach of universal legal principles."

In his relevant post, Yıldız had used the following expressions:

"The only way to reach material truth and justice is to remain committed to the universal principles and foundations of law.

Criminal procedure rejects reaching a correct conclusion through incorrect evidence.

Proof without evidence, even if it aligns with the material fact, consists only of suspicion and conjecture.

Like all judicial measures, detention is temporary in nature.

Detention is not a punishment; it is a temporary tool that ensures the attainment of material truth, the conduct of the criminal case, or the execution of a potential future sentence.

Because it is a very severe protective measure that restricts the right to personal liberty and security, the measure of detention must be resorted to only under strict conditions, temporarily, and with great care and diligence.

Those with terminal illnesses cannot be treated under prison conditions.

Keeping those with serious illnesses, disabled, and elderly prisoners in prison indefinitely cannot be an act or practice of a democratic state governed by the rule of law.

Ensuring justice is a matter of action, not rhetoric.

Justice must not only be done but must also be seen to be done.

We see this warning in the letter written by Caliph Umar to Emir Musa, whom he appointed as judge to Basra, regarding the determination and delivery of rights.

According to Caliph Umar;

There is no benefit in speaking of a right that is not applied, or in issuing a judgment that is not executed."

News Source: 12punto