28 September 2023
The 3rd Criminal Chamber of the Court of Cassation upheld the aggravated life imprisonment sentence for Osman Kavala in the Gezi Park trial, along with 18-year prison sentences for Can Atalay, Tayfun Kahraman, Çiğdem Mater, and Mine Özerden.
7 July 2023
The opinion by Zafer Şahin, Deputy Chief Public Prosecutor of the Court of Cassation, requesting the 3rd Criminal Chamber of the Court of Cassation to uphold Osman Kavala's aggravated life sentence handed down by the Istanbul 13th High Criminal Court on April 25, 2022, has been published. The opinion disregards two binding judgments of the ECtHR demanding Kavala's release and finding the evidence presented in the case to be completely baseless, as well as the ongoing Council of Europe violation procedure against Turkey.
11 July 2022
Within the scope of the infringement procedure in Article 46 of the European Convention on Human Rights, the European Court of Human Rights stated that Türkiye has not fulfilled its obligations arising from the Convention, due to the fact that Türkiye has not implemented the ECtHR's decision dated 10 December 2019, thus violating its obligations under Article 46/1 of the Convention. Full text of the judgment is available here.
25 April 2022
Despite the fact that Osman Kavala was acquitted before and the European Court of Human Rights decided that there was a violation, it was decided by a majority of votes that Kavala sentenced to aggravated life imprisonment for the crime of Attempting to Overthrow the Government of Turkey or to Prevent the Government of Turkey from Performing its Duty, and to be arrested for this crime, pursuant to the Article 312 of the TPC. Kavala was acquitted and released on the charge of espionage, the only crime that has led to his detention in prison for the last two years. In addition, a decision of conviction and arrest was made by a majority of votes for Ayşe Mücella Yapıcı, Çiğdem Mater Utku, Ali Hakan Altınay, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman and Yiğit Ali Ekmekçi.
21 March 2022
The defendants were given time to prepare their defense against the opinion as to the accusations by the Prosecutor. The Court ruled the continuation of Osman Kavala’s detention by majority vote. The next hearing is scheduled for 22 April 2022.
4 March 2022
Between the hearings, Prosecutor submitted his opinion as to the accusations to the Court. In the opinion, it was requested that Osman Kavala be convicted of the crime of "Attempting to Overthrow the Government of the Republic of Turkey by Using Force and Violence" in accordance with the Article 312 of the TPC, and a warrant of arrest be issued in accordance with this article.
21 February 2022
The Court decided to separate the Çarşı Case and the Gezi Case, which had previously been decided to be merged, and to submit the file to the Public Prosecutor to prepare his Opinion on the merits of the Gezi Case. The Court ruled the continuation of Osman Kavala’s detention by majority vote. The next hearing is scheduled for 21 March 2022.
2 February 2022
The Committee of Ministers of the Council of Europe adopted the interim resolution regarding Osman Kavala’s case, which decided to refer to the Court the question of whether Turkey has failed to fulfill its obligation under Article 46, paragraph 1, of the Convention, considering Turkey is refusing to abide by the final judgment of the Court.
17 January 2022
In the third hearing held at the 13th High Criminal Court following the merger decision, the Court ruled the continuation of Osman Kavala’s detention by majority vote. The next hearing is scheduled for 21 February 2022.
2 December 2021
The Committee of Ministers of the Council of Europe adopted the interim resolution regarding Osman Kavala’s case, which served formal notice on Turkey of its intention considering Turkey is refusing to abide by the final judgment of the Court.
26 November 2021
In the second hearing held at the 13th High Criminal Court following the merger decision, the Court ruled the continuation of Osman Kavala’s detention by majority vote. The next hearing is scheduled for 17 January 2022.
8 October 2021
In the first hearing held at the 13th High Criminal Court following the merger decision, the Court ruled the continuation of Osman Kavala’s detention by majority vote. The next hearing is scheduled for 26 November 2021.
16 September 2021
The Committee of Ministers of the Council of Europe reiterated its demand for the immediate release of Osman Kavala by implementing the ECHR decision before the next Committee meeting to be held between 30 November and 2 December 2021. The decision also noted that infringement proceedings against Turkey would be started during this meeting unless Osman Kavala is released before then.
2 August 2021
Even though the next hearing by the Istanbul 30th High Criminal Court had been scheduled on 6 August, the Court scheduled a hearing on 2 August and decided by a majority of votes to merge the case with the ongoing case at the Istanbul 13th High Criminal Court and to continue the detention of Osman Kavala.
28 July 2021
The chief judge of Istanbul 30th High Criminal Court was temporarily appointed to be the chief judge of Istanbul 13th High Criminal Court. As the temporary chief judge of the 13th High Criminal Court, he proceeded to sign off on the response to the request to the 13th High Criminal Court he himself had written in his capacity as the chief judge of the 30th High Criminal, thereby giving consent to his own request to merge the cases.
12 July 2021
Istanbul 13th High Criminal Court (regarding the ongoing Çarşı Trial) did not concur with the request of the merger of the cases and decided the issue to be evaluated once the statements of the defense counsel were received. The Court adjourned the hearing to 8 October 2021.
12 July 2021
Upon the review of the case file, Istanbul 30th High Criminal Court ruled the continuation of Osman Kavala’s detention by majority vote.
15 June 2021
Istanbul 30th High Criminal Court requested consent by warrant from the 13th High Criminal Court (regarding the ongoing Çarşı Trial) for the merger of the cases.
15 June 2021
Upon the review of the case file, Istanbul 30th High Criminal Court ruled the continuation of Osman Kavala’s detention by majority vote.
9 June 2021
The Committee of Ministers of the Council of Europe declared for the first time that, if the applicant is not released, the infringement proceedings against Turkey will start. Reminding the previous calls, it was stated in the published final statement that Kavala's continued detention constitutes a violation of international law and that he should be released immediately.
21 May 2021
In the trial heard in the 30th High Criminal Court, the Court ruled that the detention of Kavala on the charges of espionage under Article 328 of the TCC shall continue. The Court also ruled the request of Gezi file regarding Çarşı group to be sent to the Court and returned upon review regarding the consideration of the merger of the case files. The next hearing of the trial was scheduled to be held in Çağlayan Courthouse on 6 August 2021.
5 February 2021
Istanbul 36th High Criminal Court ruled the continuation of detention of Osman Kavala and ordered the merger of the case with the case numbered 2021/17 E. (Gezi Trial) of Istanbul 30th High Criminal Court.
28 January 2021
In the aftermath of the overturning of the verdict, Istanbul 30th High Criminal Court prepared a preliminary proceedings report. The next hearing of the case was scheduled to be held in Çağlayan Courthouse on 21 May 2021 at 10.00.
22 January 2021
Istanbul Regional Court of Justice 3rd Criminal Chamber overturned the acquittal verdicts regarding all the defendants in the file 2019/74 (Gezi Trial) by the Istanbul 30th High Criminal Court.
29 December 2020
Upon review of Osman Kavala’s individual application, Constitutional Court of Turkey ruled that Kavala’s detention does not violate his right to liberty and security guaranteed under the Article 19 of the Constitution by 8 to 7 votes.
18 December 2020
Istanbul 36th High Criminal Court ruled the continuation of detention of Osman Kavala. The next hearing was scheduled for 5 February 2021.
3 December 2020
The Committee of Ministers adopted the interim resolution regarding Osman Kavala’s case, which urged the authorities to take all steps at their disposal to ensure that the Constitutional Court completes its examination of the applicant’s complaint without further delay, and strongly urged again the authorities, in the meantime, to assure the applicant’s immediate release.
6 November 2020
Istanbul 36th High Criminal Court ruled the continuation of Osman Kavala’s detention.
8 October 2020
Istanbul 36th High Criminal Court ruled the continuation of Osman Kavala’s detention upon preliminary proceedings report and decided the hearing to be held on 18 December 2020.
8 October 2020
Istanbul 36th High Criminal Court accepted the indictment issued on Osman Kavala.
1 October 2020
In its decision taken during the meeting to examine the implementation of judgments from the European Court of Human Rights, The Committee of Ministers of the Council of Europe has urged Turkey to ensure the immediate release of Osman Kavala and decided to prepare a draft interim resolution for consideration in case Kavala has still not been released by the date of next meeting, 1 December 2020.
29 September 2020
The Constitutional Court of Turkey postponed the decision meeting on Osman Kavala’s individual application.
29 September 2020
Istanbul Chief Public Prosecutor’s Office prepared an indictment on Osman Kavala requesting sentence in accordance with the Articles 309 and 328 of the TPC and submitted the indictment to the Istanbul 36th High Criminal Court.
24 September 2020
The Constitutional Court of Turkey included Osman Kavala’s individual application on its agenda.
3 September 2020
In its decision taken during the meeting to examine the implementation of judgments from the European Court of Human Rights, The Committee of Ministers of the Council of Europe has urged Turkey to take all the necessary measures to ensure the ECtHR decision on Osman Kavala case is implemented and to ensure the immediate release of Osman Kavala.
28 May 2020
The request for release under the espionage charges submitted to the Istanbul Chief Public Prosecutor's Office in accordance with Article 328 of the TPC is rejected by the Istanbul 1st Peace Court.
25 May 2020
An additional request is submitted to the Committee of Ministers in accordance with the Rule 9.1 of the Rules of the Committee of Ministers of the Council of Europe, stating that ECtHR decision regarding violation of rights and Osman Kavala’s immediate release has become final on 12 May 2020.
19 May 2020
A request for release under the espionage charges is submitted to the Istanbul Chief Public Prosecutor's Office in accordance with Article 328 of the TPC.
12 May 2020
Government’s request for referral vis-à-vis ECtHR’s decision is rejected. The decision of ECtHR regarding Osman Kavala’s detention being a violation of rights and carrying an ‘ulterior purpose’, has become final.
4 May 2020
An individual application is lodged to the Constitutional Court on the grounds that the continuation of detention constitutes a violation of rights.
9 April 2020
A request for release under the espionage charges is submitted to the Istanbul Chief Public Prosecutor's Office in accordance with Article 328 of the TPC.
7 April 2020
Continuation of Osman Kavala’s detention is ordered upon the review of the file conducted by the Istanbul 3rd Peace Court.
20 March 2020
Osman Kavala was once again released on the charge of “attempting to overthrow the constitutional order” under Article 309 of TPC.
13 March 2020
A communication is submitted to the Committee of Ministers in accordance with Rule 9.1 of the Rules of the Committee of Ministers of the Council of Europe, stating that ECtHR decision regarding violation of rights and Osman Kavala’s immediate release is not complied with.
9 March 2020
The Ministry of Justice requested the referral of the ECtHR case that ruled a violation of rights regarding the detention of Osman Kavala to the Grand Chamber.
9 March 2020
Istanbul 10th Criminal Court of Peace ordered the detention of Osman Kavala, who was previously arrested under the Article 309 and Article 312 of the Turkish Penal Code (TPC), then released by the Istanbul Prosecutor’s Office, then re-arrested under the Article 309, once again on the same investigation file (2017/96115), but this time on the charges of espionage under the Article 328 of the TPC. Osman Kavala was questioned neither at the Police Headquarters nor at the Prosecutor’s Office. This time Osman Kavala was ordered detention without even being brought before the Court.
25 February 2020
An objection was lodged against the detention order given by the Istanbul 8th Criminal Court of Peace, on the grounds that the maximum period of 2 years for pre-trial detention that was legalized with the 1st Judicial Reform Package has been expired, that the violation decision by the ECtHR applies also to the mentioned charge, of the fact that Osman Kavala and Henri Barkey were in different cities on the day they allegedly met which was established during his interrogation at the Police Headquarters in 2017, that there is no evidence to back up the claim for the risk of absconding provided as the justification of detention, and that it is not plausible to argue for the risk of absconding in case of Osman Kavala who was arrested four years after the Gezi Protests and one year after the Coup Attempt.
19 February 2020
Istanbul 8th Criminal Court of Peace ordered the detention of Osman Kavala based on Article 309 of the Turkish Penal Code regarding the investigation that he was previously released by the order of the Prosecutor’s Office.
19 February 2020
Osman Kavala was referred to the Criminal Court of Peace without being interrogated at the Police Headquarters or the Prosecutor’s Office.
18 February 2020
Osman Kavala was rearrested without even leaving the prison premises.
18 February 2020
Istanbul Prosecutor’s Office issued an arrest warrant on Osman Kavala regarding the same investigation (2017/96115) on which he was released before.
18 February 2020
Istanbul 30th High Criminal Court ordered the ACQUITTAL of Osman Kavala unanimously over the trial regarding the case file numbered 2019/74 that is known as “Gezi Trial”.
28 January 2020
Istanbul 30th High Criminal Court ruled the continuation of detention of Osman Kavala by majority vote once again dismissing the decision of the European Court of Human Rights of 10 December 2019 concerning the “immediate release” of Osman Kavala. The next hearing was scheduled for 18 February 2020.
25 December 2019
A statement by the attorneys of Kavala was released upon the decision of the Istanbul 30th High Criminal Court on 24 December 2019 regarding the continuation of detention.
24 December 2019
Istanbul 30th High Criminal Court ruled the continuation of detention of Osman Kavala by majority vote dismissing the decision of the European Court of Human Rights of 10 December 2019 concerning the “immediate release” of Osman Kavala. The next hearing was scheduled for 28 January 2020.
10 December 2019
European Court of Human Rights has announced its judgment regarding Osman Kavala’s detention, concluding that the articles 5.1, 5.4 and 18 of the European Convention on Human Rights have been violated, and ordered Osman Kavala to be released immediately. You can access the full-text of the ECHR judgment here.
9 October 2019
Attorneys of Osman Kavala held a briefing upon the decision of the Istanbul 30th High Criminal Court on 8 October 2019 regarding the continuation of detention.
8 October 2019
Istanbul 30th High Criminal Court ruled the continuation of detention of Osman Kavala by majority vote. The next hearing was scheduled for 24-25 December 2019.
29 July 2019
With the decree issued by the Council of Judges and Prosecutors, the panel of judges hearing the case regarding the Gezi Park incidents was dismissed from the case and was transferred to the second judicial panel that was formed in the Istanbul 30th High Criminal Court.
18 July 2019
30th High Criminal Court ruled the continuation of detention of Osman Kavala by majority vote. The next hearing was scheduled for 8-9 October 2019.
11 July 2019
With the decree issued by the Council of Judges and Prosecutors, Mahmut Başbuğ, who was the presiding judge by proxy during the first hearing and voted against the continuation of detention of Osman Kavala, was assigned as the presiding judge of the 30th High Criminal Court.
25 June 2019
30th High Criminal Court ruled the continuation of detention of Osman Kavala by majority vote despite the dissenting opinion of the presiding judge on the release of Osman Kavala stating the possibility of change in the qualification of the offense. The next hearing was scheduled for 18-19 July 2019.
24 June 2019
On the first day of the trial held in Silivri Campus, Osman Kavala provided his defense statement.
22 May 2019
Constitutional Court of Turkey ruled that Osman Kavala’s detention does not violate his right to liberty and security by 5 to 10 votes.
In their dissenting opinion, the President and the Vice-President of the Constitutional Court stated that there is no convincing evidence in the file regarding that the Gezi Protests were financed by Osman Kavala and that the Gezi Protests were intended to overthrow the government. You can access the translation of the dissenting opinion by Zühtü Arslan, the president of the Constitutional Court, here.
30 April 2019
Istanbul 30th High Criminal Court held a detention hearing. For the first time since the arrest of Osman Kavala on 1 November 2017, Osman Kavala's lawyers were invited to the hearing. Continuation of pretrial detention was ruled.
19 April 2019
A reply to the Government’s observation to the European Court of Human Rights was submitted.
15 April 2019
A reply to the Government’s observation to the Constitutional Court was submitted.
2 April 2019
Continuation of pretrial detention was ruled upon review.
1 April 2019
The written observations to the Constitutional Court submitted by the Government of the Republic of Turkey were received.
13 March 2019
The written observations to the European Court of Human Rights submitted by the Government of the Republic of Turkey were received.
5 March 2019
Preliminary proceedings report was prepared by the Istanbul 30th High Criminal Court. Continuation of pretrial detention was ruled. The date and place of the first trial were declared to be 24 June 2019, Silivri Campus.
19 February 2019
The indictment was issued by the Istanbul Chief Prosecutor's Office.
15 February 2019
Continuation of pretrial detention was ruled upon review.
18 January 2019
Continuation of pretrial detention was ruled upon review.
21 December 2018
Continuation of pretrial detention was ruled upon review.
24 November 2018
Continuation of pretrial detention was ruled upon review.
26 October 2018
Continuation of pretrial detention was ruled upon review.
28 September 2018
Continuation of pretrial detention was ruled upon review.
31 August 2018
Continuation of pretrial detention was ruled upon review.
31 August 2018
A petition was filed with the request for the severance of Osman Kavala’s investigation from the other suspect(s)' that are not connected to Osman Kavala’s case, and for Osman Kavala’s release.
23 August 2018
European Court of Human Rights has pre-accepted Osman Kavala's application due to Article 41 of the internal regulations of the Court.
9 August 2018
An objection was lodged against the decision for the continuation of pretrial detention that was conducted in a manner against the legislation and the due process of law.
3 August 2018
Continuation of pretrial detention was ruled upon a review hearing with the lawyer who was appointed by Istanbul Bar Association without notifying Osman Kavala nor his defense counsels.
11 June 2018
Continuation of pretrial detention was ruled upon review.
7 June 2018
An application was lodged to the European Court of Human Rights.
21 May 2018
A petition was filed with the request for the severance of Osman Kavala’s investigation from the other suspect(s)' that are not connected to Osman Kavala’s case.
16 May 2018
Continuation of pretrial detention was ruled upon “the review of the file” without any hearing.
27 April 2018
Remarking the decision of the Constitutional Court dated 12 April 2018 numbered 2016/15637 on the detention of Erdal Tarcan that found a violation of personal liberty as regards the allegation that judicial review of his detention was conducted without being brought before a judge/court, a petition requesting a hearing for the review of the pre-trial detention of Osman Kavala was lodged.
27 April 2018
A petition was lodged demanding the decisions and the records on the interception of communication of Osman Kavala.
18 April 2018
Continuation of pretrial detention was ruled upon review.
19 March
The request for release was dismissed.
8 March 2018
Osman Kavala filed a request for release via prison.
17 February 2018
Continuation of pretrial detention was ruled upon review.
5 February 2018
The objection was dismissed.
1 February 2018
An objection was lodged against the decision for the dismissal of the request for release.
23 January 2018
The petitions requesting a hearing for the review of the decision for detention were rejected.
29 December 2017
An Individual Application was lodged to the Constitutional Court.
28 December 2017
A petition was filed requesting a hearing to be held to review the decision for detention, and Kavala to be released upon review.
1 December 2017
A petition was filed requesting a hearing to be held to review the decision for detention and Kavala to be released upon review.
8 November 2017
An objection was filed against the decision for detention issued by the Istanbul 1st Criminal Court of Peace.
6 November 2017
A request was made to the Istanbul Chief Public Prosecutor’s Office for the removal of restrictions on lawyers’ prison visits.
1 November 2017
The Istanbul Chief Public Prosecutor’s Office referred him to court for arrest without taking his testimony. The Istanbul 1st Criminal Court of Peace ruled to detain Kavala on charges delineated under articles 309 and 312 of the Turkish Penal Code.
31 October 2017 - Midday
Kavala’s interrogation took place in the Istanbul Police Department Anti-Terrorism Unit.
25 October 2017
The period of police custody was extended for another week.
18 October 2017
Osman Kavala was taken under custody.