The legal representatives of imprisoned businessman Osman Kavala have submitted a petition for his retrial, based on the argument that the transformation of Turkey’s government has eliminated the basis of the charges against him. “The victims named in the original charges no longer exist under the new presidential system,” stated Hilal Zengin, a member of Kavala’s legal team, while submitting the petition at Istanbul Severe Penalty Court No.13.
Kavala, who was sentenced to aggravated life imprisonment for allegedly attempting to obstruct and overthrow the Turkish government, faces charges under Article 312 of the Turkish Penal Code. The petition of his legal team highlighted the 2017 referendum that effected Turkey’s transition to a presidential system of government, abolishing the roles of prime minister and the cabinet. “With these changes, the supposed victims of the crime – the prime ministerial and cabinet positions, have been abolished,” explained Zengin.
In her detailed submission, Zengin also argued that the concept of a ‘victim’ could only apply to real persons, suggesting that the presidency could not be considered a victim. She requested the court to verify with the presidency whether the prime ministerial and cabinet positions had indeed been abolished.
Furthermore, the petition addressed the role of what she called “crypto-structures” introduced following the failed coup of July 2016. Zengin claimed that these dubious elements had become active in government, using the pretext of re-evaluating documents prepared by the alleged coup-plotters to throw a veil of obscurity over absolutely everything, whilst ostensibly defending the president.
The submission also tied into the ongoing normalisation discussions between President Recep Tayyip Erdoğan and opposition leader Özgür Özel, aiming to foster legal and general improvements in Turkey. “The reason for us making these statements is in order to prepare the ground for normalisation of the legal sphere in this country and to make a modest contribution to the president’s fight against crypto-structures,” Zengin said.