Turkey’s Top Court Reinforces Suppression of Human Rights Advocates

Turkey: Top Court Upholds Rights Defender’s Life Term

Conviction of Osman Kavala and Four Others Needs Urgent International Response

An urgent international response is needed in the case of Turkish rights defender and businessman Osman Kavala and four codefendants, whose life-term convictions have been upheld by Turkey‘s top appeals court. The prosecution and trial of Kavala and his codefendants have been criticized by human rights organizations for being unfair and essentially a political show trial. The five individuals have been punished for exercising their rights to freedom of expression, association, and peaceful assembly.

The Court of Cassation’s decision to uphold the convictions despite previous judgments by the European Court of Human Rights calling for Kavala’s release is deeply alarming. It demonstrates the extent to which Turkey has deviated from the rule of law. Although President Recep Tayyip Erdogan claims that Turkish courts are independent, the trial of Kavala and his codefendants exposes these claims as false, revealing how prosecutors and courts blatantly do the bidding of the president in cases of interest to him.

A Political Show Trial

Kavala was sentenced to life in prison without parole on false allegations that he organized and financed the 2013 Istanbul Gezi Park protests against a government urban development project. His four codefendants received 18-year sentences for allegedly aiding Kavala. The trial cynically aimed to cast the Gezi protests as the result of a grand conspiracy by Kavala, ignoring the evidence of spontaneous mass protests where the majority of protesters exercised their lawful rights to freedom of expression and assembly.

The Court of Cassation’s verdict simply reiterates the prosecution’s allegations from the indictment, disregarding the European Court of Human Rights’ findings that there was insufficient evidence to justify Kavala’s detention, prosecution, or conviction. The court also fails to mention the repeated judgments against Turkey in this case. This rejection of the European Court’s role demonstrates a disregard for Turkey‘s constitutional obligation to adhere to binding European Court decisions.

International Response

Turkey‘s European and international allies, including intergovernmental organizations such as the Council of Europe, the European Union, and the United Nations, have a responsibility to address this injustice urgently. They should prioritize the case as a matter of human rights in their relations with Turkey and push for the swift implementation of the European Court’s judgments, including the immediate release of the defendants.

It is essential for these allies to firmly condemn the abuse of criminal law for politically motivated cases against activists, human rights defenders, journalists, and others. Robust efforts are needed to ensure that Turkey respects its human rights obligations and uphold the rule of law, which are currently being violated without consequence.

The Court’s Flawed Reasoning

The Court of Cassation’s decision relies on a chronology of events from the indictment that the prosecution argues constituted the preparation for the Gezi protests. However, the court fails to show any causality between these activities and any crime or provide credible evidence to prove the defendants’ involvement in a conspiracy.

The court decision also makes reference to protests and uprisings in other countries without demonstrating their relevance to the case. It names civil society organizations and alleges their involvement in supporting and directing the Gezi Park protests without providing any credible evidence. Conspiracy theories, informed by antisemitic tropes, are repeated including the false claim that Osman Kavala’s civil society group, Anadolu Kültür, and affiliated foundations aimed to overthrow governments under the guise of philanthropic activities.

Furthermore, the court decision allows the use of illegally obtained wiretapped conversations as admissible evidence. These conversations, far from revealing any criminal activity, demonstrate that the defendants were lawfully engaged in civil society organizations and nonviolent activism, exercising their rights to free speech, association, and assembly.

Conclusion

The decision of Turkey‘s top appeals court to uphold the convictions of Osman Kavala and four others is a grave violation of their human rights and a clear demonstration of Turkey‘s deviation from the rule of law. Urgent international action is needed to address this injustice and ensure the swift implementation of the European Court’s judgments. Turkey‘s European and international allies must firmly condemn the abuse of criminal law for politically motivated cases and push for Turkey to respect its human rights obligations and uphold the rule of law. Failure to do so will only embolden Turkey‘s disregard for fundamental rights and its position within the international community.

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