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Surprise Acquittal in Key Turkey Human Rights Case

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Mucella Yapici, one the defendants acquitted over their alleged role in Turkey's Gezi Park protests case, gestures as she is surrounded by supporters after leaving the Silivri courthouse complex, in Silivri near Istanbul, Turkey, Feb. 18, 2020.
Mucella Yapici, one the defendants acquitted over their alleged role in Turkey's Gezi Park protests case, gestures as she is surrounded by supporters after leaving the Silivri courthouse complex, in Silivri near Istanbul, Turkey, Feb. 18, 2020.

An Istanbul court acquitted noted philanthropist Osman Kavala on charges of sedition, ending a trial that drew international attention as a test of civil liberties in Turkey.

Kavala and eight other defendants were acquitted on all charges for a "lack of concrete evidence." The packed courtroom erupted into applause and cheers as the verdicts were announced.

The court acquitted nine but the cases of seven others who had left the country and were tried in absentia would now be tried separately. But arrest warrants for them have been lifted.

"We are startled," defendant Can Atalay said, reacting to his acquittal outside Istanbul Silivri prison where the trial was held.

"We are hoping that something will change for the better in our country, and that is, of course, our struggle," Atalay added to applauding supporters.

Istanbul Mayor Ekrem Imamoglu of the opposition CHP was quick to praise the verdict, tweeting, "The acquittal of all the defendants in the #GeziPark trial is a true source of joy and restores trust in the Turkish judicial system. I salute all those who stand to defend our city's history, culture, and nature."

FILE - A journalist stands in front of a poster featuring jailed philanthropist Osman Kavala, during a press conference given by his lawyers, in Istanbul, Turkey, Oct. 31, 2018. Kavala was among those acquitted Tuesday.
FILE - A journalist stands in front of a poster featuring jailed philanthropist Osman Kavala, during a press conference given by his lawyers, in Istanbul, Turkey, Oct. 31, 2018. Kavala was among those acquitted Tuesday.

The trial of one of Turkey's most prominent supporters of Turkish civil society had drawn the attention of international human rights groups, along with European Union officials.

"It's a fantastic verdict and an unexpected one," said Amnesty International Turkey researcher Andrew Gardener. "If you look at the whole process of the trial and case and to end in a just way is surprising as it's welcome. Obviously, it doesn't erase the past two-and-a-half years. To be imprisoned when there is overwhelming evidence of his innocence is unforgivable."

The trial has been widely condemned as an attempt to silence dissent and Turkey's broader civil society. In December, the European Court of Human Rights ruled the case was politically motivated, and called for Kavala's immediate release.

Kavala was held in pre-trial detention for over two years. Others who were accused were released after months in jail, including solitary confinement. The Istanbul court called for Kavala's immediate release.

The defendants faced charges of supporting and organizing the 2013 nationwide anti-government protests against then-prime minister Recep Tayyip Erdogan, who is now president.

The protests were called the "Gezi Movement" named after a small park in central Istanbul where the unrest began against plans to redevelop the area into a shopping mall.

FILE - Protesters try to resist the advance of riot police in Gezi Park in Istanbul, Turkey, June 15, 2013.
FILE - Protesters try to resist the advance of riot police in Gezi Park in Istanbul, Turkey, June 15, 2013.

Tuesday's verdict took defendants and their supporters by surprise.

"The evidence is vague, witnesses are controversial, and the verdict is pre-ordered. They trashed the law," Atalay tweeted before the verdict.

The trial drew condemnation as unfair and unjust by human rights groups and international monitors. Defense lawyers were denied the right to cross-examine anonymous witnesses of the prosecution and to see some of the evidence.

Erdogan has strongly supported Kavala's prosecution, which critics saw as an attempt to intimidate wider Turkish civil society. Analysts point out the trial was also crucial to the Turkish president's narrative that Gezi was a conspiracy against him rather than a grassroots popular uprising.

"What does this verdict mean? It means that Gezi cannot be put on trial. This verdict proves you cannot put Gezi on trial," said acquitted defendant Mucella Yapici, who along with Kavala and Yigit Aksakoglu, was facing life in prison without parole.

Neither Erdogan nor his government reacted immediately to Tuesday's verdict. Government-controlled media mostly ignored the court's decision.

With the case seen as a pivotal moment for Turkey's judiciary, human rights and broader civil society, Ankara was facing mounting international pressure over the trial — in particular from the EU.

Brussels reportedly warned Ankara that future assistance could be a risk if the trial ended with convictions. Turkey is looking for billions of dollars in new aid to deal with an expected new exodus of Syrian refugees.

Despite Tuesday's acquittals, the spotlight on Turkey's judiciary is expected to continue, with Wednesday seeing the anticipated conclusion of a separate trial of prominent human rights activists.

Taner Kilic, former Turkey head of Amnesty International, along with 10 other human rights defenders, are facing up to 15 years in jail on terrorism charges.

"I hope [Tuesday's acquittals] will lead to other similar baseless politically motivated cases for people to be acquitted and to be released, and for this judicial harassment, this horrendous crackdown on civil society, to end," said Gardener.

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