Statement of Kavala regarding Constitutional Court decision 

2020-12-30 09:39:13


	 

	NEWS CENTER - Kavala has made a statement after Constitutional Court rejected his application: “The most common and severe problem in the judiciary is the detention practices taken under the influence of political messages and the political environment.”

	 

	After the General Assembly of the Constitutional Court rejected the individual application of arrested businessperson and rights defender Osman Kavala yesterday (December 29), he has sent a message from prison via his attorneys. Behind bars for 1,156 days, Kavala has said:

	 

	"It is preposterous that the Constitutional Court concluded that my detention based on the espionage charge, which was invented at the last moment, did not comply with the definition in the law, and did not rely on any evidence, is lawful. This behavior of the majority in the Court, which does not comply with the legal norms, is extremely worrying.

	 

	"The most common and severe problem in the judiciary is the detention practices taken under the influence of political messages and the political environment, which are not based on solid reasons and become punishment.

	 

	"While making detention decisions, the possibility of the accused's right to liberty is weighed against the possibility of their committing an action harmful to society and justice.

	 

	"It is the universal right that is certain; the other is just a possibility. Possibility to be a reason for restricting the right to freedom can only be justified in exceptional circumstances.

	 

	"This is the binding norm that the European Convention on Human Rights and our Constitution demand to be followed."

	 

	The General Assembly of the Constitutional Court has concluded that Osman Kavala's right to personal liberty and security has not been violated. The judgement has been given with eight votes against seven.

	 

	Arrested for over 3 years, Osman Kavala previously applied to the Constitutional Court on the grounds that "his right to personal liberty and security was violated as his imprisonment was not lawful."

	 

	Having reviewed the application of Kavala on December 15, the First Section of the Constitutional Court forwarded it to the General Assembly.