An application seeking a retrial for Osman Kavala, a businessman and civil society activist sentenced to aggravated life imprisonment in the Gezi Park trial, had previously been rejected by the Istanbul 13th High Criminal Court. The court refused to accept the application, which was based on the Grand Chamber of the ECHR’s ruling that Kavala’s rights had been violated.
Kavala’s lawyers appealed that decision, taking the case to a higher court. The higher court also rejected their appeal.
The higher court justified its rejection by citing a procedural issue, stating that domestic legal remedies had not been exhausted.
In a statement following the Istanbul 13th High Criminal Court’s rejection of his application, Osman Kavala said: “I have ended up spending a significant portion of the years during which I could have lived in good health in prison.”
He continued:
“When I was prisoned, I was 60 years old. At this stage of my life, I have spent virtually all the time during which I could have worked actively in civil society, as well as a significant portion of the years during which I could have lived in good health, in prison.
“Nevertheless, despite all the difficulties we are experiencing, I believe that I will be able to witness developments toward establishing the rule of law in my country. If, as I hope, lessons can be learned from the Gezi trial and the injustice to which I have been subjected, that will be a source of consolation for me.”
What had happened?
In an additional ruling dated October 13, 2026, the Istanbul 13th High Criminal Court rejected Kavala’s lawyers’ requests to suspend the execution of his sentence, release their client, and order a retrial. The court based its decision on Articles 318 and 318/3 of the Code of Criminal Procedure, following the August 25, 2026 ruling by the Grand Chamber of the European Court of Human Rights.
The court also ordered that enforcement of the judgment dated April 25, 2022, should continue.
In its ruling, the court emphasized that domestic legal remedies must be exhausted before an application can be made to the ECHR.
The court's reasoning stated that, according to generally accepted principles of international law, applicants must first apply to national judicial authorities and make use of the available domestic legal remedies.
The ruling stated: “Accepting otherwise would constitute interference with a sovereign state's independent exercise of its judicial authority by exceeding the jurisdiction of an international court.”
On April 25, 2022, Osman Kavala was sentenced to aggravated life imprisonment in the Gezi Park trial for the crime of attempting to overthrow the government.
Source: İlke TV, BirGün
