Statement by Osman Kavala - 29 December 2020

Statement by Osman Kavala regarding the decision of the Constitutional Court of Turkey given on 29 December 2020

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.

Osman Kavala, 29 December 2020