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Osman Kavala spoke about the decision of the Constitutional Court (AYM) in his individual claim that the right to liberty and security of the person was not violated: “It is unreasonable for the Constitutional Court to determine that I was arrested on the accusation of espionage, which was fabricated at the last minute, did not meet the definition of the law and was not based on any evidence.”
‘By majority’ the decision made ‘it does not comply with legal regulations and is extremely worrying’ Expressing that Kavala continued as follows: The most common and painful problem in the judiciary are detention practices carried out under the influence of political messages and the political environment, which are not based on solid reasons and have become punishment. When issuing arrest warrants, the possibility of the defendant’s right to free life is weighed against the possibility of him committing an action that is harmful to justice and society.
True is the universal right, the other is just a possibility. The possibility of being a ground for restricting the right to life can only be justified in exceptional circumstances.
This is the binding rule that the European Convention on Human Rights and our Constitution order to comply with “.
Businessman Osman Kavala, who was arrested for another crime after his release and acquittal in the case of the Gezi Park events, ‘the right to liberty and security of the person was violated because the detention was not legal’ He filed an individual complaint with the Constitutional Court alleging that
The First Section of the Constitutional Court, which processed the request last week, referred the file to the Constitutional Court just before Kavala’s hearing at the 36th Superior Criminal Court in Istanbul.
This decision of the First Section must be considered by experts. “AYM didn’t get into the ball” was interpreted.
During the trial, a decision was issued to continue Kavala’s detention.
The General Assembly of the Constitutional Court discussed Kavala’s individual application 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 eight members against seven members.
