Turkey's Constitutional Court refers Osman Kavala's case to Grand Chamber for review

The Turkish Constitutional Court held a First Chamber hearing on Dec. 15 to review Osman Kavala’s individual appeal against his detention and referred his case to the Grand Chamber. The decision comes just three days before the first hearing of Kavala's new trial.

Duvar English

Turkish Constitutional Court's First Chamber on Dec. 15 reviewed the application of renowned philanthropist and businessman Osman Kavala and referred his case to the Grand Chamber.

This means that Kavala will once again have to wait for his case to be reviewed. As a result, comments have been made that the Constitutional Court might be waiting for a local court ruling since the first hearing for the most recent charges against the philanthropist is scheduled to take place on Dec. 18.

This is not the first time that the Constitutional Court's First Chamber convened to discuss Kavala's case. On Sept. 29, it announced its decision to postpone the ruling regarding the legality of Kavala’s ongoing pre-trial detention, stating that it would wait for the new indictment.

Just a couple of hours after the top court's statement, Istanbul prosecutors submitted the new indictment against Kavala to the relevant court, concerning “espionage” charges.

On Feb. 18, an Istanbul court acquitted Kavala of charges concerning the Gezi trial and ordered his release. On the same day he was taken into custody on charges of aiding the failed coup attempt of July 15, 2016. Although another court ruled for Kavala's release on these charges, Kavala remained in prison on the basis of a third set of charges filed by prosecutors on March 9 – this time over “political or military espionage” accusations.

Kavala lodged an application with the Turkish Constitutional Court on May 4 complaining that there is insufficient evidence to justify his continuing arrest and that the authorities have failed to implement the European Court of Human Rights' (ECHR) judgment of December 2019.

The Turkish Constitutional Court judges said that Kavala was now imprisoned under a different case from the two charges and they need to examine the new indictment concerning this new file.