İSTANBUL - In the fifth hearing of Gezi trial, the defending attorneys' requests for recusation have been rejected. While the attorneys left in protest, the audience was ordered out of the court hall. The court has not released Osman Kavala despite ECtHR verdict.
The fifth hearing of the lawsuit filed into the Gezi Park protests continued at the İstanbul 30th Heavy Penal Court today (January 28).
Republican People's Party (CHP) MP Sezgin Tanrıkulu demanded to speak, but the judge refused. "You cannot hear a defendant without his lawyers, you cannot continue the hearing in this manner", he insisted.
The judges ordered Tanrıkulu out of the court hall. CHP MP Sera Kadıgil and Peoples' Democratic Party (HDP) Diyarbakır MP Garo Paylan also objected. The court board abandoned the hall in response.
After the judges returned to the court hall, Osman Kavala indicated that he would not provide a statement in the absence of his attorneys. He also added that the ECtHR ruling was valid and that he was concerned that the court's refusal to abide by it would influence the outcome.
The other defendants also refused to provide their statements in the absence of their attorneys.
Requesting time for the preparation of his opinion as to the accusations, the prosecutor also demanded that the arrest of Kavala continue.
A recess was called for the interim judgement.
While the court board was preparing to pronounce its interim judgement, CHP MP Sezgin Tanrıkulu was once again refused entry into the court room. "A soldier cannot stop me from entering the court room. This remains the court of a state of law", Tanrıkulu protested.
Announcing its ruling after the recess, the court has ruled that the arrest of Osman Kavala shall continue. The court has ruled for the continuation of his arrest on the grounds that the ECtHR verdict on Osman Kavalahas not become definite and the Constitutional Court previously concluded that there was no violation of rights in his arrest.
While the file of the case will be sent to the Prosecutor's Office for the preparation of the opinion as to the accusations, the court has rejected the requests for both the extension of the investigation and the recourse of Mevlüt Saldoğan from the case. The request for lifting judicial control measures imposed on the defendants have also been rejected.
The next hearing will be held on February 18.