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Osman Kavala addressed the Constitutional Court alleging that “the right to liberty and security was violated because the detention was not legal.”
The First Section of the Constitutional Court decided to refer the demand to the General Assembly in its order of business of December 15.
The General Assembly of the Constitutional Court discussed Osman Kavala’s individual request at today’s agenda meeting.
The General Assembly decided that Kavala’s right to liberty and security guaranteed in article 19 of the Constitution was not violated. It was known that the decision was made with the majority of 8 members against 7 members.
COURT PROCESS REGARDING OSMAN KAVALA
In the cases related to the event centered on the Gezi park, “force and violence through the use of companies of the Republic of Turkey to carry out the uprising or tasks eliminate the government, partially or completely blocking”, “damages to property “,” qualified looting “,” unauthorized possession or replacement of hands of dangerous substances “,” intentional injury Kavala, who was tried by the 30th Istanbul Criminal Court for the crimes of “aggravated injury” and “opposition to the Law for the Protection of Cultural and Natural Property, “he was acquitted and released on the grounds that there was not enough concrete and conclusive evidence to convict the commission of the crimes.
That same day, Kavala, who was arrested as part of the investigation of the attempted coup d’état of July 15 by the Fetullah Terrorist Organization (FETÖ), was detained by the judge to whom he was referred the following day for the crime of “attempt to overthrow the constitutional order.”
Kavala was also arrested on March 9 by the court where he was referred as part of the investigation into the attempted coup carried out by the Istanbul Prosecutor General’s Office for “providing confidential state information for political or military espionage.”
Kavala, who was released on March 20 for “attempting to repeal the constitutional order” on the grounds that his 2-year detention period had expired, could not be released because he was detained for espionage.
THE PREVIOUS APPLICATION HAS BEEN REJECTED
The previous individual lawsuit of Osman Kavala’s lawyers on the allegations that “the right to liberty and security was violated because the arrest warrant was not legal, access to the investigation file and the detention investigations was restricted were carried out without being brought before the judge / court, “was announced by the General Assembly of the Constitutional Court on May 22, 2019. It was also rejected. The General Assembly adopted the decision by a majority of 5 to 10 members.
