Turkey Calls for Fresh Arrest of Rights Defender Kavala After Acquittal

2020-02-18

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SILIVRI, TURKEY - Turkey's civil society swung from hope to despair Tuesday after a new arrest warrant was issued for leading rights defender Osman Kavala just hours after a court ordered his release from jail.

Kavala and eight other defendants were acquitted by a court outside Istanbul in the highly controversial Gezi Park trial.

But within hours, a new warrant from the Istanbul prosecutor's office called for his arrest as part of the investigation into a failed 2016 coup against President Recep Tayyip Erdogan's government.

It was not immediately clear if Kavala would be released from jail, where he has spent more than 800 days in pre-trial detention.

The judge had earlier said there was "not enough concrete evidence" that he and the other defendants sought to overthrow the government.

Seven other defendants, who remain on the run, were not formally acquitted.

Kavala, the only defendant kept in jail throughout the trial, faced a life sentence without parole if convicted for his alleged role in orchestrating the Gezi Park protests of 2013 that presented the first major challenge to Erdogan, then prime minister.

News of a fresh arrest warrant came as supporters waited for him to be released from the Silivri court and prison complex, and was met with shocked silence.

Kavala has became a symbol of what critics say is a crackdown on civil society under Erdogan, and received loud cheers as he left the packed courtroom in Silivri, on the outskirts of Istanbul.

'Mockery'

The mass protests of 2013 began over plans to demolish Gezi Park - one of the only green spaces in Istanbul's center - but quickly spiraled into broader demonstrations against the government.

Critics have called the Gezi trial "a mockery" in which the prosecution failed to present any evidence of wrong-doing by the defendants.

"This is a trial that should have never happened in the first place. This whole process has caused untold misery to those who were so wrongfully targeted," Emma Sinclair-Webb of Human Rights Watch told AFP at the courthouse.

Andrew Gardner of Amnesty International had earlier warned that the verdict should not create too much optimism.

There are "countless other trials of journalists, of opposition political activists, of human rights defenders. The justice system is completely devoid of independence and impartiality in Turkey," he told AFP.

In December, the European Court of Human Rights heavily criticized the quality of the Gezi Park prosecution.

It ruled that the 657-page indictment against Kavala lacked "facts, information or evidence" to raise even the suspicion that he helped organize the protests, let alone attempted to overthrow the government, and called for his immediate release.

The Turkish court still put Kavala and the other defendants through two more hearings in December and January.

The acquittal was welcomed by several foreign observers, including the U.S. embassy in Ankara and the Council of Europe, a 47-nation body overseeing human rights, of which Turkey is a member.

Among the criticisms of the trial was the fact that defense lawyers were denied the chance to cross-examine the key government witness, identified as Murat Papuc, when he gave evidence in December after he claimed his life was in danger.

Lawyers also decried the inclusion of testimony from a police officer convicted of kicking a Gezi Park protester to death in July 2013, who now portrays himself as a victim of the demonstrations.

The defendants received support from Ekrem Imamoglu, the new high-profile mayor of Istanbul who took control of the city out of the hands of the ruling party last year.

"The acquittal of all the defendants in the #GeziPark trial is a true source of joy, and restores trust in the Turkish judicial system. I salute all those who stand to defend our city's history, culture and nature," he tweeted.

Kavala's supporters say he was targeted because he worked to build bridges across Turkey's often fractious ethnic and social divides, in contrast to the combative rhetoric favored by Erdogan's ruling party.