Turkish Court Combines Two Cases against Jailed Philanthropist Kavala

Philanthropist Osman Kavala has been detained more than three years without conviction. (AFP)
Philanthropist Osman Kavala has been detained more than three years without conviction. (AFP)
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Turkish Court Combines Two Cases against Jailed Philanthropist Kavala

Philanthropist Osman Kavala has been detained more than three years without conviction. (AFP)
Philanthropist Osman Kavala has been detained more than three years without conviction. (AFP)

A Turkish court on Friday ruled to combine the two cases against philanthropist Osman Kavala, who has been detained more than three years without conviction, after an appeals court overturned his acquittal in one of them.

Immediately after he and eight others were acquitted last February in a case related to nationwide Gezi Park protests in 2013, Kavala was ordered jailed pending trial over charges related to a 2016 coup attempt. The acquittal verdict was also appealed.

Last month, the appeals court ruled to overturn the Gezi-related verdicts because some evidence was excluded and that it should be joined with the other case against Kavala.

On Friday, the court handling the coup-related case agreed to the combination and rejected Kavala's request to be released, extending his detention since late 2017 by nearly four months.

Kavala is accused of espionage and attempting to overthrow the constitutional order in the coup-related case. He denies all charges.

"The prosecution seeks to create a certain perception by blending a number of conspiracy theories and accusations as if they were proving one another," Kavala told the court, adding the accusations were baseless.

The overturning of the Gezi ruling will allow the "extension of the espionage charges which are collapsing" as well as the duration of his detention, Kavala, 63, said.

Critics say Turkey's judiciary has been exploited to punish President Recep Tayyip Erdogan's perceived opponents and that Kavala's case is symbolic of a crackdown on dissent. The president and his ruling AK Party say the courts are independent.

The European Court of Human Rights called for Kavala's release in late 2019, saying his detention aimed to silence him. The Council of Europe's Committee of Ministers have repeatedly called on Turkey to implement the ruling.

Kavala's lawyer Tolga Aytore told the court none of the witnesses had any information supporting the accusations.

"Whenever the prosecution process gets to a stage where (Kavala's) release is possible, we face something else. It is very upsetting that our justice system is getting used to this," he said.

Some of the defendants in the Gezi trial were also acquitted in a previous case, meaning they will be tried for a third time over the 2013 protests. The first hearing in the retrial is scheduled for May 21.



ICC Warrants are Binding, EU Cannot Pick and Choose, Borrell Says

23 May 2023, Israel, Jerusalem: Israeli Prime Minister Benjamin Netanyahu gives a statement in the Knesset. (dpa)
23 May 2023, Israel, Jerusalem: Israeli Prime Minister Benjamin Netanyahu gives a statement in the Knesset. (dpa)
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ICC Warrants are Binding, EU Cannot Pick and Choose, Borrell Says

23 May 2023, Israel, Jerusalem: Israeli Prime Minister Benjamin Netanyahu gives a statement in the Knesset. (dpa)
23 May 2023, Israel, Jerusalem: Israeli Prime Minister Benjamin Netanyahu gives a statement in the Knesset. (dpa)

European Union governments cannot pick and choose whether to execute arrest warrants issued by the International Criminal Court against two Israeli leaders and a Hamas commander, the EU's foreign policy chief said on Saturday.

The ICC issued the warrants on Thursday against Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant and Hamas leader Ibrahim Al-Masri, for alleged crimes against humanity.

All EU member states are signatories to the ICC's founding treaty, called the Rome Statute.

Several EU states have said they will meet their commitments under the statute if needed, but Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country, assuring him he would face no risks if he did so.

"The states that signed the Rome convention are obliged to implement the decision of the court. It's not optional," Josep Borrell, the EU's top diplomat, said during a visit to Cyprus for a workshop of Israeli and Palestinian peace activists.

Those same obligations were also binding on countries aspiring to join the EU, he said.

"It would be very funny that the newcomers have an obligation that current members don't fulfil," he told Reuters.

The United States rejected the ICC's decision and Israel said the ICC move was antisemitic.

"Every time someone disagrees with the policy of one Israeli government - (they are) being accused of antisemitism," said Borrell, whose term as EU foreign policy chief ends this month.

"I have the right to criticize the decisions of the Israeli government, be it Mr Netanyahu or someone else, without being accused of antisemitism. This is not acceptable. That's enough."

Israel's 13-month campaign in Gaza has killed about 44,000 Palestinians and displaced nearly all the enclave's population while creating a humanitarian crisis, Gaza officials say.

In their decision, the ICC judges said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza".

The warrant for Masri lists charges of mass killings during the Oct. 7, 2023, attacks. Israel says it has killed Masri.