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Turkish Court Defies Europe, Leaves Philanthropist Behind Bars

Dorian Jones

   ISTANBUL - An Istanbul court has defied the European Court of Human
   Rights, ruling in favor of the continued detention of prominent
   philanthropist Osman Kavala. In December, the European Court demanded
   the immediate release of Kavala, who is on trial for sedition.

   Kavala and 15 other civil society activists are accused of supporting
   anti-government protests in 2013 against then-Prime Minister Recep
   Tayyip Erdogan, who is now president.

   The protest action came to be known as the Gezi movement, named after
   an Istanbul park where the unrest started. Prosecutors are calling for
   life imprisonment without parole.

   The ECHR condemned the case, calling for an end to Kavala's more than
   two years in prison and describing it as "arbitrary" and "politically
   motivated."

   The Istanbul court ruled Tuesday the ECHR decision was provisional
   because Ankara was appealing the verdict and that Kavala should remain
   in jail.

   "The court's decision is flawed because the European Court ruling was
   clear in its call for Kavala's immediate release," said Emma Sinclair
   Webb, Turkey researcher for New York-based Human Rights Watch.

   "We saw multiple signs of how unfair this trial is," said Webb,
   speaking after attending Tuesday's court hearing. "The lawyers for
   Kavala raised many objections to the way witness evidence is used in
   this case. The court turns a deaf ear to all objections. It's a
   shocking indication that once again, Turkey's judiciary seems to be
   under heavy pressure of the executive."

   Tuesday's court hearing was marred by chaos, with Kavala's lawyers
   challenging the judge's decision to hear some witnesses without their
   presence, prompting the lawyers to walk out of the room.

   Ankara strongly rejects the ECHR verdict, maintaining that the
   judiciary is independent. But observers note the case has strong
   political undertones.

   Three months ahead of Kavala's prosecution, Erdogan accused him of
   "financing terrorists" and that Kavala was a representative for "that
   famous Jew [George Soros,] who tries to divide and tear up nations."
   Erdogan did not elaborate on the comments about George Soros, who is an
   international philanthropist.

   Erdogan's allegations against Kavala resemble the prosecution case
   against the jailed activist.

   Kavala is a pivotal figure in Turkey, using his wealth to help develop
   the country's fledgling civil society after a 1980 military coup.
   "Osman Kavala is very prominent within the civil society in this
   country," said Sinan Gokcen, Turkey representative of Swedish-based
   Civil Rights Defenders. "He is not a man of antagonism; he is a man of
   preaching dialogue, a man of building bridges."

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