Turkey’s Supreme Court of Appeals recently upheld much of the controversial Gezi Park ruling. The social and political upheaval, named after a central park in Istanbul, sprung from anti-government protests in 2013. Alongside this ruling, the court decided to maintain the life sentence without parole awarded to civil rights activist and philanthropist, Osman Kavala, along with 18-year sentences for four other activists.
The original trial, held in April 2022, focused on eight defendants’ alleged involvement in orchestrating the nationwide anti-government protests. All accused parties denied these claims, asserting that the protests arose spontaneously. However, the court cited social media interactions, calling attention to specific hashtags like #occupygezi, as evidence to support their contention that these demonstrations were planned. Furthermore, they proposed that the protests were not only premeditated years in advance but were also financially supported by professionals.
Internationally, the trial spurred a significant backlash. Large entities such as the US State Department and the European Union viewed the trial as a deliberate effort to stifle political dissent. In the midst of this turmoil, Kavala has been a figure of consistent attention. In July 2022, The European Court of Human Rights (ECHR) declared that Kavala’s continuous detention was a violation of an earlier 2019 ruling, in which they judged his detention as wrongful and ordered his release.
Strained diplomatic relations between the Council of Europe and Turkey are inwardly visible, as the Council initiated an infringement procedure in 2021 due to Turkey’s refusal to comply with the ECHR directive which commanded Kavala’s immediate release. This disobedience places Turkey at risk of being suspended from the Council of Europe.
Following this ruling, Kemal Kılıçdaroğlu, leader of the main Turkish opposition party, the Republican People’s Party, shared an emotionalmessage on social media.
The [Supreme Court of Appeals] has shared the shame of making the Gezi Park Resistance, which is a struggle for democracy, a “crime” by order. It should not be forgotten that the Gezi resistance is the loud voice of young people shouting for freedom in the history of democracy. No power can silence this voice! This decision is a great shame!
This verdict has incited discussions about protest rights, freedom of speech and assembly, and judicial independence in Turkey. In fact, Emma Sinclair-Webb, Human Rights Watch’s Europe and Central Asia associate director, publicly expressed her dismay, describing this conviction as “baseless” and the court’s ruling as a “monstrous abuse of the justice system, proof that courts obey the presidency.”