Türkiye: Highest Court’s decision in Gezi Park case condemned

2 October: On 28 September 2023, Türkiye’s Court of Cassation upheld a life sentence against publisher, civil and cultural rights activist, and philanthropist Osman Kavala. The court upheld 18-year prison sentences against his co-defendants Çiğdem Mater, Can Atalay, Mine Özerden and Tayfun Kahraman. Although the convictions of three other defendants – Mücella Yapıcı, Hakan Altınay and Yiğit Ali Ekmekçi – were overturned, their indictment will be returned to a lower court for a possible retrial.

Responding to the news, PEN International President Burhan Sonmez said:

‘PEN International utterly deplores Türkiye’s Court of Cassation’s decision to uphold Osman Kavala’s life sentence, and to condemn Çiğdem Mater, Can Atalay, Mine Özerden and Tayfun Kahraman to 18 years behind bars. Their baseless convictions are a cruel reminder of the Turkish authorities’ relentless crackdown on human rights, and of the lack of a functional legal system in Türkiye.

The Court blatantly ignored the European Court of Human Rights’ legally binding decision to immediately release Kavala, who has been arbitrarily detained for nearly six years. Aggravated life imprisonment is the most severe sentence under Turkish law. Kavala will be subjected to solitary confinement for 23 hours per day, and his limited access to his loved ones will be further restricted.

Kavala turns 66 today. It is the fifth birthday he spends behind bars. PEN International and PEN Centres around the world have been actively campaigning for his immediate and unconditional release. We will continue to mobilize in support of Kavala and his co-defendants until their ordeal ends once and for all.’

Background information

Osman Kavala is a publisher, civil and cultural rights activist, and philanthropist working toward peace, human rights, and democracy in Türkiye. First detained in October 2017, Kavala was officially charged 16 months after his arrest – accused of being responsible for crimes allegedly committed by protestors across Türkiye during the 2013 Gezi Park protests. In February 2020, he was acquitted of those charges only to be told hours later that a new investigation had been opened against him and he was returned to prison. In February 2022, the Council of Europe’s Committee of Ministers voted to begin infringement proceedings against Türkiye over its failure to abide by a 2019 ruling from the European Court of Human Rights urging Kavala’s immediate release. In April 2022, Kavala was convicted of ‘attempting to overthrow the government’ and sentenced to aggravated life in prison. Seven co-defendants – Çiğdem Mater, Can Atalay, Mine Özerden, Tayfun Kahraman, Mücella Yapıcı Hakan Altınay and Yiğit Ali Ekmekçi – got 18 years’ imprisonment. Their sentences were upheld on appeal in December 2022.

PEN International considers the charges against Kavala and his co-defendants to be a direct violation of their right to freedom of expression, motivated by their promotion of civil and political rights, and urges their immediate and unconditional release.

For more information about PEN International’s work in support of Osman Kavala and his co-defendants, please click here.

For further details contact Aurélia Dondo, Head of Europe and Central Asia Region at PEN International: Aurelia.dondo@pen-international.org