On the Eighth Anniversary of His Imprisonment
Messages of Support for Osman Kavala
Osman Kavala, who has been held at Marmara Prison in Silivri since November 1, 2017, has now completed his eighth year behind bars. Kavala, who was sentenced to aggravated life imprisonment in 2022 on charges of “attempting to overthrow the government by force and violence”, continues to be deprived of his freedom on baseless allegations, serving as one of the most striking examples of the dire situation in Türkiye regarding human rights and the rule of law.
On the anniversary of this eight-year-long injustice, academics, politicians, journalists, and civil society representatives from Türkiye and abroad reiterated their calls for justice and shared messages of solidarity with Osman Kavala.
We share these messages below in alphabetical order.
Taha Akyol
Columnist, Writer
“THE VALUES HE BELIEVES IN, JUSTICE AND FREEDOM, KEEP HIM ALIVE IN HIS PRISON CELL”
Since the day he was detained, Osman Kavala has been imprisoned for eight years and now he is a convict. Because the sentence imposed is aggravated life imprisonment without the possibility of parole, he is subject to the most severe prison regime, he is held alone in his cell.
A clearly unjust conviction…
In his 55-paragraph dissenting opinion, Constitutional Court President Zühtü Arslan wrote that there was not any 'strong reason for suspicion' to justify Kavala's detention. (Application No. 2020/13893)
Even though there was no reason for his arrest and no new evidence was added to the case file, he was sentenced to life imprisonment.
Recently and at last, the Constitutional Court determined that there was insufficient evidence for the conviction of Tayfun Kahraman, another defendant in the same case, and ruled that he should be retried.
There is no difference from the Kavala case. (Application No. 2023/98215)
The Grand Chamber of the European Court of Human Rights also stated that there was no connection between Kavala and the material elements of the crime, namely “force and violence,” and ruled that his “right to a fair trial” had been violated. (Application no. 28749/18)
I was unjustly imprisoned for 14 months during 1980 coup. I was acquitted, but I know the suffering of unjust imprisonment.
Kavala's case has lasted over eight years and resulted in a confirmed aggravated life sentence!
It is not at all easy to endure.
But he does not despair in his prison cell. He is spearheading the translation of Rashid Khalidi's important book The Hundred Years' War on Palestine: A History of Settler Colonialism and Resistance 1917-2017, and editing it.
Clearly, his intellectual personality and the values he believes in, above all justice and freedom, keep him alive in his confinement and active in pursuit of those same values.
Justice will surely prevail one day, and the ECtHR ruling will be implemented. Even if he spends many years behind bars, we will see a resilient Osman Kavala. I have no doubt about it.
Prof. Ali Alpar
Founder and President of the Academy of Sciences
“YES, OSMAN KAVALA ACTED WITH HIS CONSCIENCE ACCORDING TO LOGIC AND EVIDENCE...”
To ensure that our political and moral stances are correct and consistent, we must not be influenced by lies, propaganda that frequently repeats big lies, or 'alternative realities'. We must evaluate events by looking at the evidence and using our reason, and we must not abandon meticulous and honest behavior in this regard. (*)
Osman Kavala did just that.
***
Osman Kavala initially supported the AKP's moves toward democratization, “helping it establish contact with influential liberal circles in Europe”. (**)
He then assessed the ensuing events based on evidence and established his own independent position. As the falsehood of the documents and allegations involving the alliance between the Gülen movement and the AKP government in the 2008 Ergenekon and 2010 Balyoz trials became apparent, he clearly criticized the government and the courts. In 2009, when Gülen's conspirators raided Türkân Saylan's home, Osman Kavala and his wife Ayşe Buğra were among those who went to her house to support her. (***)
During the 2010 constitutional referendum, while some opinion leaders supported the path to the political tutelage of the judiciary with the slogan “not enough, but yes,”, ignoring the clear evidence, the draft Constitution to be voted on
Kavala opposed the constitutional amendment and boycotted the constitutional referendum.
Osman Kavala has always been in favor of equal rights and peaceful solutions in the Republic of Türkiye, and against violence.
Yes, Osman Kavala acted according to logic and evidence, following his conscience.
He received a 'pious' and vindictive sentence.
Those who handed down this sentence see no need to explain it with law and logic.
And Osman Kavala is beginning to serve his ninth year in prison.
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(*) Ali Alpar, “Morality, Logic, and the Defense of Democracy,” T24, 11.11.2024
(**) Murat Yetkin, “A Book on the Middle East for the Curious,” pp. 412–413.
(***) I would like to thank Sedat Ergin for this information. Türkân Saylan was a professor of medicine, the founder of ÇYDD, Association for Supporting Contemporary Life, defending children’s rights, women’s rights and human rights.
Nacho Sánchez Amor
European Parliament Standing Rapporteur on Türkiye
“THIS OPPRESSION IS TO SHOW WHAT CAN HAPPEN TO THOSE WHO DARE TO EXPRESS DIFFERENT OPINIONS...”
It is now eight years that Osman Kavala has been unlawfully imprisoned. Eight years of life cruelly stolen to him, to his wife, to his family and friends.
He is 68 years old and is serving a life sentence without right to parole in the infamous Silivri prison despite the baseless accusations, despite a trial full of arbitrary decisions, despite two landmark sentences by the ECtHR and despite the Turkish Constitution itself.
Why this cruelty? Why this obsession with a good man? To make an example of him. To show what can happen to you if you dare to have a dissenting view.
Osman Kavala has become a symbol of the democratic backsliding and the current state of rule of law in Türkiye. He is suffering in his own flesh the decision by one person to drive the country down an authoritarian path.
As EP rapporteur on Türkiye, I want to say that we have not and will not forget Osman Kavala. We will keep asking for justice to be done and for him to be released.
I am writing this message from Strasbourg, very close to the Court that has ruled he should be free. I want to send a strong message of support and solidarity to him and to his wife Ayse, a strong woman that has bravely endured all these hard years.
We are with you both, and we hope you will soon be reunited in freedom. Because Osman Kavala deserves better. Because Türkiye and its people deserve better.
Anthony Barnett
Co-founder of openDemocracy
“EVERYONE IN THE INTERNATIONAL COMMUNITY WITH TIES TO TÜRKİYE SHOULD DEMAND KAVALA’S FREEDOM.”
The interminable imprisonment of Osman Kavala is an outrageous abuse of power and is becoming a lasting stain on the reputation of Türkiye. Everyone knows that he is innocent. The only conclusion possible is that he is being incarcerated for political reasons.
Why should this be? Why should someone who is committed to peace and democracy; who has worked tirelessly for truth, justice and fairness; who has played an outstanding role defending minorities; who worked tirelessly to ensure their full and legitimate integration into Türkiye; and who had invested his wealth in supporting honest and truthful history as the foundation for a harmonious society — why has someone who stands for all this be accused of the ridiculous charge of “attempting to overthrow the government by force and violence? Let alone be found “guilty”?
It is hard not to conclude that the answer is that he stands for a bigger, better, more welcoming Türkiye, and that he has been imprisoned for no justifiable reason. If this is not the case, let him be released at once. And let everyone across the international community who has dealings with Türkiye demand liberty for Osman Kavala. Otherwise they too will be implicated in the inexcusable injustice of his incarceration.
Prof. Köksal Bayraktar
Professor of Law, Attorney
“FREEDOM FOR OSMAN KAVALA” IS A NECESSITY AND A DEMAND
“Freedom for Osman Kavala” is a necessity and an obligation. Because, in the “Osman Kavala - Gezi” case, many principles of law have been violated, and this situation has continued for years with insufficient evidence, violation of the principles of individual criminal responsibility and legality in crime and punishment, excessive expansion of the case and its merging with other cases, broadening of the prosecution, insufficient space and attention given to witness testimonies etc. The investigation into one of the presiding judges of the court, the fact that one of the panel member judges was a candidate for the ruling political party in the previous election, the lack of impartiality and independence of the judiciary, and the failure to hold hearings at the Regional Court of Appeals and the Court of Cassation were further violations of the law.
The fact that the decisions of the First Chamber of the European Court of Human Rights and the Grand Chamber of the Court are not taken seriously and are not complied with shows how serious the violations are. The failure to comply with and respect the decisions of the Committee of Ministers, which is responsible for implementing the Grand Chamber decision, reveals that the law has been violated. The fact that this course of action was taken for political reasons and with the aim of silencing civil society further aggravates the violation of the law.
All these negative aspects and violations of principles make it imperative that the “Osman Kavala” ruling be reviewed without fail and that the ongoing injustice be brought to an end.
The absence of coercion and violence during the Gezi events, and the absence of any attempt to overthrow the Government of the Republic of Türkiye or prevent it from performing its duties, also demonstrates that the decision is completely at odds with the law.
The sentencing of an intellectual to “aggravated life imprisonment” despite his complete lack of involvement in force or violence is entirely contrary to the principles of freedom, equality, democracy, and the rule of law in the century in which we live.
Federico Borello
Executive Director (interim), Human Rights Watch
“KAVALA'S SITUATION IS A CONCRETE INDICATOR OF HOW DEEP THE HUMAN RIGHTS AND DEMOCRACY CRISIS IN THE COUNTRY HAS BECOME”
Eight years in prison in retaliation for being a person actively engaged in fostering a culture of democracy, human rights, justice and respect for a pluralistic society. That is Osman Kavala, by now Türkiye’s best known jailed human rights defender. His shameful prosecution and conviction, and the Erdoğan government’s defiance of binding decisions by the European Court of Human Rights to release and to quash the life sentence against him, are among many indicators of just how deep the crisis of human rights and democracy in the country is. We will not give up advocating for Osman Kavala’s rights and defending the values and work he stands for.
Agnès Callamard
Secretary General, Amnesty International
“WE HAVE A LOT MORE TO DO UNTIL THIS INJUSTICE ENDS…”
When, and I hope it is very soon, Osman Kavala is finally freed, the injustice that has been meted out to him will be remembered as one of the most shameful examples of this period in the history of Türkiye. A human rights defender who has dedicated his life to multiculturalism, dialogue and openness has been removed from society, prevented from making a contribution to arts and culture, to building a better society for eight long years. How chilling, how utterly wrong to deprive someone of their liberty for no reason other than to send a message to the rest of society: step out of line if you dare and you will be locked up and nothing and no one including the European Court of Human Rights can save you.
When Amnesty International named Osman Kavala and then seven other Gezi Park defendants prisoners of conscience in 2022 after their convictions in their unfair trial, I said: “each day they spend behind bars is an affront to the concept of justice and human rights, principles that the Turkish state has committed itself to upholding but is repeatedly and relentlessly violating.” A further 1,233 days have passed. Osman Kavala turned 68 in October. We have not relented in our quest to get him and other prisoners of conscience freed. We have a lot more to do until we see him and the others walk out free, and end to this unbearable injustice they face. Osman Kavala is not a forgotten prisoner, he may not yet be physically with us, but we maintain our determination that he will be soon.
Prof. Cevat Çapan
Academic, Poet
“HIS PRESENCE IS A SOURCE OF INSPIRATION FOR A MORE HUMANE WORLD”
Osman Kavala, whom I have known since the 1980s, is a staunch defender not only of human rights but of all human values. This respectable person, whose friendship I am honored to have, has always endeavored with all his might against injustice, for truth, goodness, and beauty, and set an unparalleled example for those around him. I believe his existence is an inspiration for creating a more humane world for all of us.
Hasan Cemal
Journalist
“OUR STRUGGLE FOR LAW, FREEDOM, AND HUMAN RIGHTS IN TÜRKİYE WILL CONTINUE TOGETHER.”
Dear Osman, how are you, my brother?
How quickly the years pass.
The news of your arrest reached me at midnight on October 18, 2017. I sat down and immediately wrote an article for T24.
The police arrested you at Atatürk Airport as you landed on a flight from Gaziantep …
After midnight, other unverified reports also came in:
A one-week detention period…
A list with other names...
July 15, the coup attempt.
An attempt to forcibly change the constitutional order...
Your place has always been on the side of democracy, rule of law, and freedom.
Dear Osman;
Will they declare you a coup plotter too?
Will they try you for 'terrorism'?
I hope these are just rumors. May you regain your freedom soon.
Dear brother;
So many of our friends are in prison.
So many of our friends are being tried for “espionage,” “coup plotting,” “terrorism.”
You know this too.
All of these mutual friends of ours have always defended freedom until now.
They stood by democracy and the rule of law. They defended human rights.
They held high the banner of critical thinking.
They proclaimed that truth has not one but a thousand faces.
They fought through writing, drawing, and speaking to open paths for people to embrace their own identities, languages, and beliefs.
They opposed the fading of society's diversity.
They said no to military-style regimes that believed they could produce a uniform type of person.
In short: They always held high the banner of democracy, law, freedom, and human rights.
Dear Osman;
I've gone on too long again. I'm repeating what is already known. I hope you will be released soon and return to us.
Don't worry, brother;
You are not alone;
We are with you!
Our struggle for justice, freedom, and human rights in Türkiye will continue together.
Prof. Aysel Çelikel
Former Minister of Justice
“THE SITUATION HE IS EXPOSED TO IS MEMORABLY AND IRREPARABLY OFFENSIVE TO THE CONSCIENCE...”
The foundation of contemporary democracy is the judiciary, particularly its independence and impartiality. In a country where international commitments on rights and freedoms are binding on the state, actions taken within the framework of the Constitution are the exercise of human rights in a democratic society.
That being the case, those responsible must be held accountable for depriving Mr. Osman Kavala, who has strived to embed human rights into society in a manner consistent with their purpose, of his fundamental rights and freedoms during the past eight years.
Osman Kavala is a human rights defender who believes in the sanctity of human dignity, is a patriotic citizen, and adds value to society. What he has been subjected to deeply and irreparably offends our conscience.
There must be a logical reason why the Council of Europe's Committee of Ministers, despite initiating an infringement procedure against Türkiye for failing to fulfil its constitutional commitments, has not imposed any sanctions. I believe that the desire not to lose a democratic state and a democratic society, which has just celebrated the 100th anniversary of the foundation of its Republic, plays a role in this attitude.
Osman Kavala is a modest individual who, with his love for humanity, has made helping others the purpose of his life. Granting him the opportunity for a retrial is now an imperative that cannot be further delayed for Türkiye.
Cemil Çiçek
Former Speaker of the Turkish Grand National Assembly and Former Minister of Justice
“I SAID, ‘IMPLEMENTING THE ECtHR RULING CONCERNING ÖCALAN WAS THE MOST DIFFICULT DECISION, YET WE IMPLEMENTED EVEN THAT.' I STILL HOLD THE SAME VIEW.”
Throughout my tenure as Minister of Justice, my nearly eight-year term as Government Spokesperson, and later as Speaker of the Grand National Assembly, I made various statements on this and similar issues. One statement I made regarding the necessity of implementing the decisions of the European Court of Human Rights immediately comes to mind. (*)
In that statement, I pointed out that although the ECtHR ruling concerning Abdullah Öcalan was the most difficult one to implement, even that decision was implemented. Looking at the situation today, there is nothing new about my previous statements. The issue is the same, the rules to be applied are the same, the courts that issued the rulings are the same...Therefore, there is no need to say anything new. I still hold the same views I expressed in the past.
(*) Cemil Çiçek made the statement he referred to in the fall of 2021 during the discussions that arose after the Council of Europe's Committee of Ministers called on Türkiye to implement the ECtHR's decisions regarding Osman Kavala and Selahattin Demirtaş and release these two individuals. He made this statement to journalist Fikret Bila.
Yetvart Danzikyan
Journalist
“FOR EIGHT YEARS, HE HAS BEEN RESISTING ILLEGALITY IN PRISON ALONE, WITH WISDOM, DIGNITY, AND BY WORKING AND PRODUCING”
With wisdom, with dignity, eight years in prison
My dear friend Osman Kavala has been in prison for eight years, alone, simply because the government wanted it that way. Yes, his wife, lawyers, and visitors see him regularly, but ultimately, he has been in a dungeon for eight years. I prefer not to say jail or prison; those words do not describe the conditions he lives in. Osman Kavala is in a dungeon, and he is alone.
The aspect of being alone is also important in this regard. He is alone against an entire structure, a system, with its judiciary, police, intelligence, army, government, and government-affiliated media. But this was not his choice. Therefore, it is more accurate to phrase it this way: An entire state or government has been busy oppressing a single person for eight years. Osman has no party behind him, no organization, no “power.” He is a man with no one but his friends, those fighting for democracy, and his wife.
Why does this huge state, or government, or let's call it by its full name, the coalition of Turkish-style political Islamism-Turkish nationalism, bother with this “single” person? How could Osman Kavala pose a threat? What makes this structure so hostile to him that it disregards the ECtHR rulings?
Nothing. His pro-dialogue stance, his approach to resolving any issue that needs addressing through cultural means, art, engagement, conversation, and collaborative creation, his commitment to doing what he believes is right, and finally – what he is officially accused of – providing chairs to the Gezi protestors. These things may have made Osman an enemy to the structure I am trying to describe.
For eight years, Osman Kavala has been resisting this injustice alone in a dungeon with wisdom, dignity, and by continuing to work and create. We owe him so much. And to his friends and his wife, who have never left him alone. We know, of course. These days will come to pass too. And we will embrace Osman.
Abdullah Gül
Eleventh President of the Republic of Türkiye
“IMPLEMENTING THE ECtHR RULING WILL REDRESS THE INJUSTICE DONE TO HIM”
I met Osman Kavala when I was Minister of Foreign Affairs during the early years of the AK Party (Justice and Development Party) government. He was part of the civil society movements that gave us the strongest support in the face of fierce opposition from certain (ultra-nationalist) circles to the determined policies our government implemented to find solutions to Türkiye’s deep-rooted problems.
I remember how he enthusiastically supported us at the meetings where we shared with civil society organizations our policies regarding the starting of the negotiations with the EU, making legislative changes to raise our legal and political standards, and addressing the Kurdish issue which, at the time, required courage.
In my view, Osman Kavala was a businessman who supported social and cultural initiatives in line with his beliefs, just as many sincere conservative businessmen voluntarily supported the activities of the foundations and associations in our community. Taking into account that the decisions of the European Court of Human Rights cannot be ignored in our legal practices given the amendment we, as the AK Party, introduced to Article 90 of the Constitution in 2004, the implementation of the ECtHR decision regarding Osman Kavala will both remedy the injustice done to him and contribute to the image of the Republic of Türkiye.
Ertuğrul Günay
Former Minister of Culture and Tourism
“THERE IS STILL MUCH HE WILL DO FOR THE GOOD OF OTHERS...”
The last sentence of the letter written by the “Freedom for Osman Kavala” initiative to his friends sums up Osman's life: “Osman Kavala has much more work to do for the good of others.”
Indeed, Osman Kavala devoted most of his life, his knowledge, and his resources to the welfare of others. He worked for the good of everyone, regardless of belief, origin, class, wealth, language or religion; he believed that problems could be solved through peace, tolerance, and dialogue, and he tried to create that environment.
On the repeated anniversaries of his imprisonment, those of us who know these qualities of his, his friends and acquaintances, write and express our feelings, which have now turned into cries of helplessness. This does not put an end to suffering.
Perhaps this time we should do something different; we should raise our voice against injustice with an initiative that will carry it to the international level.
Let us nominate Osman Kavala, who has dedicated his life to the welfare of all people without discrimination, for the Nobel Peace Prize.
As a symbol of all the injustices experienced over the past decade and all the victims...
Who knows, at the end of all this chaos and darkness, perhaps in the not-too-distant future, he may become our candidate for other duties he will undertake “for the good of others.”
With his patience and dignified resistance, this would suit him well.
Prof. Judith Herrin
Academic
“I SALUTE YOUR UNWAVERING COURAGE IN THE FACE OF A LONG AND DIFFICULT DISASTER WITH ADMIRATION.”
My dear Osman, merhaba!
I realise with deep sadness that there is an anniversary coming up - not your birthday because that was last October but the date marking your incarceration. It’s shocking to recall the initial disbelief which has grown over eight years into a worldwide condemnation of Türkiye’s unfounded and illegal deprivation of your freedom. I salute and profoundly admire the persistent courage that has carried you through such a long horror and write to strengthen it in every possible way.
Fortunately we have many glorious memories to share: the blue cruises, parties in Istanbul, visits especially to your wonderful exhibition of old photographs of Smyrna, a Christmas trip to Oxford long ago. And all the work you’ve accomplished in the most imaginative and generous ways to help to incorporate those who feel outsiders into Turkish society today. It had a profound influence and is greatly appreciated.
This comes with biggest hugs and all my love,
Judith Herrin
Prof. Ahmet İnsel
Academic
“THE COUNCIL OF EUROPE INSTITUTIONS HAVE BEEN ACTING HYPOCRITICALLY FOR TWO YEARS”
The severe punishment Osman Kavala has been subjected to for eight years, which is the product of the personal hatred and anger of those in power, is one of the first acts, in the history of the Republic of Türkiye, of the autocratic regime officially established through a deeply questionable amendment to the Constitution. It is a clear example of the power concentrated in a single hand, in a single place, in a single palace, using the judiciary entirely on arbitrary grounds. Osman Kavala's situation is an emblematic example of how the arrest warrant was issued based on a police interrogation report without him being questioned by the prosecutor, the unimaginable new crimes were invented within hours to prevent his release following the acquittal decision, and the European Court of Human Rights' repeated rulings of unlawful detention were disregarded on the grounds of supremacy of the “national justice system.” The path opened by this example was subsequently used many times by a politically controlled criminal justice system.
The fact that Osman Kavala's freedom has been denied for years serves as a litmus test not only for Türkiye but for all states that are parties to the European Convention on Human Rights. Faced with a life sentence without the possibility of parole handed down without any concrete evidence and its reckless continued implementation in clear violation of the Convention's provisions, the Council of Europe institutions, particularly the Committee of Ministers, have been hypocritically pretending to take action for over two years now, wringing their hands together at every meeting and shyly saying “We are doing what we can.” They are reluctant to take even the mildest of the sanctions provided for in the Convention in the face of the continuation of this serious human rights violation caused by the failure to implement the ECtHR's judgments. They repeatedly use the excuse that there are ongoing negotiations to simply turn a blind eye to the trampling of the principles of rule of law and judicial independence, indispensable to democracy, as the mentality of “national judiciary” drags its feet, refuses to even apply its own Constitutional Court's decisions in similar cases.
Prof. İbrahim Kaboğlu
President of the Istanbul Bar Association
“OSMAN KAVALA’S PROLONGED IMPRISONMENT CASTS A SHADOW OVER THE RULE OF LAW, THE RIGHT TO A FAIR TRIAL, AND THE RIGHT TO BE PRESUMED INNOCENT.”
Osman Kavala was arrested on November 1, 2017.
Eight years later, he is still deprived of his freedom. This period represents not only years unjustly stolen from a person's life, but also a process in which the rule of law, the sense of justice, and the social conscience have been severely wounded.
In its decision dated December 10, 2019, the European Court of Human Rights (ECtHR) clearly determined that Osman Kavala's detention was politically motivated, not based on reasonable suspicion, and therefore violated Articles 5 and 18 of the European Convention on Human Rights.
The Court ruled that Türkiye must release Kavala immediately.
However, despite the passage of five years, this decision has not been implemented; Kavala has been tried on different charges and ultimately sentenced to aggravated life imprisonment.
This is not only a case of individual injustice; it also constitutes a violation of the Republic of Türkiye's obligation to comply with ECtHR rulings under Article 46 of the ECHR. The fact that the Council of Europe's Committee of Ministers has therefore initiated an infringement procedure against Türkiye highlights the seriousness of the problem once again.
Article 19 of our Constitution clearly stipulates everyone's right to liberty and security of person, while Article 90 stipulates the binding nature of international human rights treaties in domestic law. Therefore, the insistence on not implementing ECtHR rulings is not only a violation of our international obligations but also a violation of the constitutional order and the principle of the rule of law.
Osman Kavala's prolonged imprisonment casts a shadow over the rule of law, the right to a fair trial, and the right to be presumed innocent.
Any practice that undermines the independence of the judiciary gradually weakens society's faith in justice.
No rule of law, no democratic system can survive with such judicial decisions that are unjustifiable and have no legal basis.
The prompt implementation of ECtHR rulings, the release of Osman Kavala, and ensuring respect for the Constitution are a necessity for the rule of law, human dignity, and respect for the common conscience.
Murat Karayalçın
Former Minister of Foreign Affairs
“KAVALA’S EXPERIENCES HAVE BECOME A MATTER OF TÜRKİYE’S NATIONAL CONSCIENCE AND INTERNATIONAL RESPECTABILITY”
As a citizen, I feel sense of shame towards Osman Kavala because of what he has unjustly endured for the past eight years. Furthermore, as a former Foreign Minister, I feel ashamed and somewhat guilty that there is something I should be doing but am not doing, because the European Court of Human Rights' ruling on Kavala has not been implemented.
In fact, the problem has gone beyond being a problem for me and individuals who think like me; it has become a matter of Türkiye's national conscience and international reputation. We must put an end to this now. In the 102nd year of our Republic, which we know was founded on the basis of justice, we must respectfully and apologetically restore to our dear Osman Kavala his right to live in freedom that was taken away from him eight years ago.
Emre Kongar
Columnist
“THE KAVALA CASE IS A SYMBOL OF THE BEGINNING OF THIS REGIME'S INJUSTICES AND ILLEGALITIES”
Osman Kavala is one of the emblematic victims of the injustices that have recently come to the forefront with the headline news on the injustices and lawlessness directed against elected mayors, the main opposition party CHP, and the media:
Unfortunately, the number of events and individuals symbolizing such injustices and lawlessness, which I call the “Second Silivri Tragedy,” has increased significantly in recent days with the cases of Ekrem İmamoğlu and Merdan Yanardağ. (*)
The Osman Kavala case is a symbol situated in the early stages of this process!
* * *
Osman Kavala was arrested, imprisoned, and sentenced to aggravated life imprisonment on extremely serious but unconvincing charges that can be summarized under the heading of “coup plotting.”
Despite numerous European Court of Human Rights rulings, he has been in prison for over eight years.
Although he has been acquitted, his trial has continued with new allegations.
Finally, on 25 April 2022, the Istanbul 13th High Criminal Court sentenced Kavala to aggravated life imprisonment for “attempting to overthrow the government,” and his sentence was upheld by the Court of Cassation on 28 September 2023.
However, the Gezi Park Resistance, for which he was convicted, was a national phenomenon, a social event that spread throughout the entire country, one that no individual or organization led or could have led.
The Kavala case has become a symbol of this government's injustices, unfairness and lawlessness, both in their early stages and their continuation to this day.
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(*) Merdan Yanardağ is the founder and editor in chief of independent news channel TELE1 imprisoned on espionage charges. State authorities imposed a trustee on TELE1 on the day Yanardağ was remanded in prison. İmamoglu was also remanded under the same espionage charges.
Prof. Ioanna Kuçuradi
“WHAT KAVALA WENT THROUGH MADE ME REFLECT ON LEGAL EDUCATION...”
I met with Osman Bey as the husband of Ayşe Buğra. During my university years, I would meet dear Ayşe in the office of her mother, Jale Hanım, who worked at the Art History Department at Istanbul University...
When I met Osman Bey, his actions led me to believe that he was a person who strove to act in a way that would “preserve ethical values”, and if that was not possible, to “avoid wasting ethical value”, that is, to act in a way that would cause the least loss of ethical value.
Although each of us does what we do in various ways based on our character, Osman Kavala's experiences made me think about legal education as well.
In Osman Bey's case, I thought it would be more accurate to understand the frequently used phrase “the rule of law” in a specific context—as law that protects ethical values or, if that is not possible, aims for the least possible loss of ethical value—and to structure legal education/teaching accordingly.
Looking forward to seeing Osman Bey among us again.
Mary Lawlor
UN Special Rapporteur on the Situation of Human Rights Defenders
“OSMAN KAVALA MUST BE RELEASED IMMEDIATELY AND CONTINUE HIS WORK ON ART, CULTURAL DIVERSITY, AND HUMAN RIGHTS”
As a human rights defender, Osman Kavala has been the subject of letters by the UN special mandate holders and myself to the government of Türkiye, initially expressing serious concern at his arrest in 2017 with the strong likelihood that it was related to his cultural activism with minorities in Türkiye. He had been calling for dialogue between Türkiye and neighbouring countries, including Armenia and Greece. Nothing could be more peaceful, and the arrest of Kavala, a philanthropist, founder of a non-profit cultural centre and member of prominent Turkish civil society organisations was all the more bewildering.
We expressed concern again when after two years of pre-trial detention and six court hearings, he was acquitted only to be immediately re-arrested; he was sentenced to aggravated life imprisonment in 2022 for “attempting to overthrow the government by force”. The European Court of Human Rights (ECtHR) has twice ruled that his detention was arbitrary, that his case was related to the mere exercise of rights and called for his release. Türkiye is a member of the Council of Europe and the ruling should have been binding. Osman Kavala turns 68 this year, he has been imprisoned for the past eight years despite a life of peaceful human rights defence work; while in prison he was awarded the Council of Europe’s Vaclav Havel Prize. He should be released and allowed to resume his life’s work in philanthropy to promote art, social research, and the right to cultural diversity and other human rights.
Nesrin Nas
Politician
“I THOUGHT LONG AND HARD ABOUT THE HORROR OF EIGHT YEARS BEING STOLEN FROM A PERSON’S LIFE…”
Dear Osman,
When I received the message asking for a letter from friends on the occasion of the eighth year of your imprisonment as part of the “Freedom for Osman Kavala Campaign,” I thought long and hard about the horror of eight years being stolen from a person's life.
When I heard the news of your arrest on television, I couldn't believe my ears and thought there must be some mistake. But there wasn't. Unfortunately, you were arrested.
Your arrest and the trial process, much of which I followed in Silivri, became a harbinger of Türkiye's impending change and its gradual loss of the qualities of a democracy and a state governed by the rule of law. Especially when the court ruled to acquit and release you, only to be re-arrested on a new, an espionage charge, before you even left the prison campus, it was proof that we were living in a different Türkiye.
Still, I believed that the decisions of the Constitutional Court and the European Court of Human Rights would make a difference and put an end to this terrible injustice. But Türkiye continued to deprive you of your freedom for eight years, fabricating different charges based on the same events, in a manner that the European Court of Human Rights clearly identified as a violation of the provisions of the Convention. From the day you were arrested to today, there have been so many arrests, rights violations, and rights losses... I'm not even sure that we have a constitution to turn to anymore.
Today, many elected mayors are in prison. They have become your neighbors. Now they are accusing the Mayor of Istanbul Ekrem İmamoğlu of new crimes, including espionage, just as they did in your case.
Meanwhile, a new process has begun, which they do not name peace, but rather “Terror-Free Türkiye”. If you were free, I'm sure you would have put not just your hand but your whole body on the line to ensure that this process evolves into lasting peace. This time, I hope they haven't designed this process, just like the previous one, to be reduced to the reshaping of security policies and the elimination of the opposition, but a worry gnaws at me.
If you ask about how we are, I'll answer with Gallup's latest survey. According to Gallup, Türkiye is a country that has forgotten how to laugh and learn. 57 percent of the population is stressed, 42 percent is anxious, 30 percent is angry, and 31 percent is sad. We're the last among 144 countries, you see...
In his latest article, Murat Sevinç said, “Can you make Iskender kebab without yogurt, butter, and with chicken? You can, but...” That's our situation, you see. We are crushed under problems from A to Z. In other words, they make us Iskender kebab without yogurt, butter and with chicken and put it in front of us.
When you read this letter, I'm sure you'll say, “That's not true, Nesrin. It's our duty to keep hope alive in this country.”
Yes, that's exactly what we need to do. Maybe then we'll talk about our dreams instead of our fears and worries, and together we'll set sail for new beginnings.
Until we meet again in freer days…
With love,
Nesrin Nas
Orhan Pamuk
Author
“BEING A BYSTANDER TO OPPRESSION MAKES US ALL FEEL LIKE PRISONERS”
It has been eight years since Osman Kavala was imprisoned! The boundless injustice and oppression he has suffered, and our silence in the face of it, makes us feel that not only Kavala, but all of us are prisoners like him.
Prof. Jale Parla
Academic
“THE HEAVY STONE ON MY CHEST HAS NOT MOVED FROM ITS PLACE”
Dear Osman,
That huge piece of rock that sat on my chest that April day never budged. Every day, every hour, every second, it remained there, and I missed you. This is the shared feeling of everyone who knows and loves you. There are also those who, though they never knew you, have come to know all too well the injustice and unfairness you have been subjected to that they are now rebelling against. And we who know you, know that you are resisting most of all for them.
Prof. Adem Sözüer
Chair of the Department of Criminal Law and Criminal Procedure, Faculty of Law, Istanbul Bilgi University
“THIS INFORMAL LEGAL SYSTEM, WHICH DOES NOT PURSUE THE GOAL OF JUSTICE AND WHOSE RULES ARE NOT WRITTEN DOWN, MUST BE BROUGHT TO AN END...”
In my article in “Letters from Outside to Inside”, I stated that no one can be in prison except those in the category of lawfully detained and convicted prisoners. Therefore, I asked, “In which category shall we place those individuals who are forced to remain behind bars because, as in the cases of Osman Kavala and Can Atalay, the Constitutional Court or the European Court of Human Rights (ECtHR) decisions are not enforced?” I stated that keeping individuals in prison in spite of the Constitutional Court/ECtHR rulings constitutes the crime of deprivation of liberty, thus creating a third category of “a crime being committed to keep these individuals in prison”. (*)
Since then, one year and a half has passed, and Kavala's persecution in the context of this third category has completed its eighth year. Moreover, disregarding ECtHR rulings and failing to implement Constitutional Court rulings —resulting not only from individual applications but also from ensuring that norms are adhered to —has become “standard practice.”
While it is believed that the non-implementation of the Demirtaş and Kavala rulings is an exception, ignoring ECtHR and Constitutional Court decisions deemed “politically” incorrect has become the norm. But according to positive law, i.e., the “existing” law in force, these decisions are binding, as clearly stipulated in the treaties to which we are party, in the Constitution, and in the Criminal Code of Procedure.
In states governed by the rule of law, there is no third category beyond the “law as it stands” and the “law as it should be” which is considered when improving the existing law is in question. However, looking at the recent developments, we are faced with a third category in law, just like the third category of people in prison. Numerous extrajudicial practices, such as people being subjected to police and pre-trial detention, and punishment because of their lifestyle or for being political opponents, or because of their words and actions within the scope of the right to satirical expression, peaceful protest or criticism, point to a third category in law.
It is clear that all the anti-legal indicators of this third category are reflected in the case of Osman Kavala.
This is a category created solely for political purposes and by means of “de-Constitutionalisation” (**) by the power that dominates the legislative, executive, and judicial branches of the state. This third category, which overrides positive law when the political requirements determined by the ruling power are at stake, should be called informal law. The actual enforcement of this extra-legal law, which does not pursue justice and whose sources and unofficial rules are unwritten, must be brought to an end. The first step in ensuring this is for “all political actors” to accept the unconditional and immediate implementation of the requirements of the ECtHR/Constitutional Court decisions as the number one priority and the common goal. If we want Osman Kavala (and, of course, others) to be released from prison and removed from the third category, this must be the fundamental condition for cooperation in all political processes.
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(*) https://www.birgun.net/haber/disaridan-iceriye-mektuplar-ucuncu-kategori-suc-islenerek-cezaevinde-tutulanlar-523202
(**) For the concept, see Kemal Gözler: https://www.anayasa.gen.tr/anayasasizlastirma-v4.pdf
Ahmet Taşgetiren
Columnist
“TÜRKİYE IS BECOMING A COUNTRY WHERE PEOPLE'S HOPE FOR JUSTICE IS 'SAVED FOR THE DAY OF JUDGMENT'“
Osman Kavala has become one of the emblematic victims of the “politicized judiciary” that has frequently come into play in Türkiye over the last century.
The determination of some to keep him “locked up” is able to render all national and international judicial processes meaningless. This eliminates the generally accepted notion that “justice will prevail eventually” or the “hope for justice” of those who find themselves in the judicial system as long as they are alive.
Türkiye's judicial system imposes so many life sentences that it is becoming a country where more and more people are saving their hope for justice for “Judgment Day.”
When a life sentence is based on political motives and, worse, on grudges, it destroys the human dimension of justice.
When I look at the Kavala case, I am concerned about the test with justice that my country is going through. I find the judicial attitude that amounts to saying “We'll make sure we convict the guy we've targeted politically, and we'll give him life imprisonment too...” to be a terrifying prospect for every individual living in this country. We don't deserve this. “Justice for Kavala” is the country's most urgent issue. I mean, of course, “justice for everyone.”
Rıza Türmen
Former European Court of Human Rights Judge
“WHO WILL ACCOUNT FOR THESE IRREVERSIBLE YEARS?”
The Osman Kavala case: What is known and what is unknown
We have been living with the Osman Kavala case for eight years. The great injustice, lawlessness, and cruelty done to Osman has made the Kavala case a part of our lives. We have learned a lot in eight years. We have learned how the law can be politicized, how the judiciary can be made to act on the instructions of the government, how ECtHR rulings can be ignored, how people can be held in prison for years in violation of the law simply because the government wants it, how the rule of law can be shelved, and how a plot to shape the public’s perception can be carried out to discredit a person in the public opinion. We know everything.
But there are things we don't know. We don't know or understand the reason for the hatred and anger that those in power feel towards Osman. Does it stem solely from the resentment and hatred towards Gezi and Osman being seen as a symbol of Gezi, or is it something beyond that; is it because when they look at Osman, they see their own shortcomings? We don't know.
Why did society remain silent in the face of this great injustice, watching the collapse of the rule of law? If there had been a major social reaction, could the imprisonment of İmamoğlu and the mayors have been prevented? We don't know that either.
Why is the Constitutional Court not reviewing Osman's two applications? Why is the Council of Europe's Committee of Ministers not using the means at its disposal to ensure the implementation of ECtHR rulings? We don't know.
Despite all this injustice and lawlessness, how is Osman able to remain himself, not saying the slightest bad thing about anyone, not expressing his pain or anger? We don't know that either.
But the real question is: Why has Osman Kavala been in prison for eight years without having committed any crime? Who will account for these years that will never return? We don't know that either.
Thomas de Waal
Academic
“IF ONLY HE COULD HAVE FREELY SUPPORTED THE COMPLETION OF THESE PROCESSES THAT HE HELPED INITIATE!”
It is heart-breaking that eight years have now passed since Osman Kavala was deprived of his freedom and locked in a prison cell in Silivri Prison. These are eight years which Osman Bey should not just have spent with his family and friends, but in which his wisdom, creativity and peace-making abilities could have enriched Turkish public life.
No one, from the European Court of Human Rights to the Turkish courts to the Turkish authorities, doubts for a minute that the charges for which Osman is in jail for are completely baseless. He is in prison for “speaking truth to power” and power did not forgive him that.
This is a time of great uncertainty but also of tentative hope in Türkiye. The hope comes thanks to the PKK ceasefire and the progress made towards a peace agreement between Armenia and Azerbaijan—something that should stimulate Türkiye to normalize relations with Armenia and see the border re-open. In both the Kurdish and Armenian questions, Osman Kavala was one of the first to build bridges and forge new relations. If only he were at liberty to help complete the work he was instrumental in starting!
Many in power want us to forget, to “move on.” Fortunately Osman is not forgotten. His day of freedom, when it comes eventually, will be celebrated not just in Türkiye but by many friends and admirers around the world.
Mustafa Yeneroğlu
Member of the Turkish Grand National Assembly
“WHEN JUSTICE IS SERVED, IT HEALS NOT ONLY ONE PERSON BUT ALL OF US; WHEN KAVALA IS FREE, WE WILL ALSO BE HEALED, AT LEAST A LITTLE.”
Osman Kavala is an intellectual who has dedicated his life to strengthening civil society, the culture of peace, and the idea of the common good. On 1 November, he will have spent his eighth year in a solitary prison cell, burdened by a crime he did not commit. Despite the injustices he has suffered and the years that have passed, Osman Kavala's ability to maintain his calm and courteous demeanor and to continue serving the values he believes in from his cell inspires great admiration. The tranquility he has established inside, in contrast to the noise rising outside, and his effort to understand what is happening without holding a grudge against anyone, is certainly not an acceptance; it is a dignified and honorable resistance, carried out without targeting anyone, without succumbing to anger, and without allowing his conscience to be lost.
His imprisonment has become a symbol of a crisis of law and justice, showing how Türkiye disregards international law, its own constitutional claims, and the highest value of human dignity. Despite the European Court of Human Rights ruling in 2019 that his detention was “politically motivated, aimed at silencing civil society,” the ECtHR ruling has not been implemented, and his applications to the Constitutional Court have been pending for years. The result is the irretrievable loss of years of a person's life and hopes. What we all need today is the immediate establishment of an order where the rights of everyone, regardless of who they are, are governed by principles and not by the arbitrary power of the rulers over the law. The path to this is clear and obvious: implementing the ECtHR's clear findings, fulfilling the obligations arising from the Constitution and international law, ending arbitrary detentions by establishing the right to a fair trial, and enforcing the rule of law not just on paper but in practice. Our wish is for Osman Kavala to regain his freedom as soon as possible. When justice is served, it heals not just one person, but all of us; when Osman Kavala is free, we too will be healed, at least a little.