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Turkey resumes trial of prominent philanthropist Osman Kavala

17.01.2022

The trial against prominent Turkish civil rights figure and philanthropist Osman Kavala, who has been in custody for more than four years, resumed Monday without his participation.

The Council of Europe deadline for infringement procedures is about to be loomed, and the hearing is taking place. In the European Court of Human Rights ruled in 2019 that Kavala's rights had been violated and ordered his release. Turkey has refused to do so, most recently in a court proceeding in late December.

Kavala, who is in Silivri prison on theoutskirts of Istanbul, said in October he would not attend the trial via videoconference because he no longer had faith that he would receive a just trial.

Kavala, 64, is accused of funding nationwide anti-government protests in 2013 and trying to overthrow the government by orchestrating a coup attempt three years later and espionage. He denies the charges, which carry a life sentence without parole.

He was acquitted in February 2020 of charges in connection with the 2013 Gezi Park protests. Kavala was rearrested on new charges as supporters waited for his release. The acquittal was later overturned and linked to charges relating to the 2016 coup attempt, which the government blames on the network of U.S.-based Muslim cleric Fethullah Gulen.

That trial is part of a merged case involving 51 other defendants, including fans of the Besiktas soccer club who were acquitted six years ago of charges related to the Gezi protests before that decision was overturned. Kavala is the only jailed defendant.

Bayraktar said that he continued to be in prison for 1,539 days because of the lawlessness identified by the European Court of Human Rights. Taksim Solidarity, a group defending small Gezi Park in central Istanbul, said before the third hearing that the peaceful 2013 protests based on constitutional rights and demanding democracy couldn't be tarnished through the judiciary.

In October, Kavala's case caused a diplomatic crisis between Turkey and 10 Western countries, including the United States, France and Germany, after they called for his release on the fourth anniversary of his imprisonment.

President Recep Tayyip Erdogan disdains Kavala, accusing him of being the Turkish leg of billionaire U.S. philanthropist George Soros, whom Erdogan alleges has been behind insurrections in many countries. He threatened to kick out Western envoys in October for meddling in Turkey's internal affairs.

In the European Court of Human Rights decision, Kavala s imprisonment aimed to silence him and other human rights defenders and was not supported by evidence of an offense.

The Council of Europe, a 47-member bloc that upholds human rights, notified Turkey in December that it intended to refer the case to the court to determine whether Turkey refused to abide by final judgments, which are binding. It called for Turkey to release Kavala immediately and to conclude the criminal procedures without delay. It asked Turkey to submit its views by Jan. 19 before a Feb. 2 session of the council.

Kavala is the founder of a non-profit organization, Anadolu Kultur, which focuses on cultural and artistic projects that promote peace and dialogue.