31.03.2026 12:54
In the case of Osman Kavala at the European Court of Human Rights, Boğaziçi University Faculty of Law Dean Bozbayındır, representing Turkey, stated that the basis for Osman Kavala's conviction cannot be reduced to "distributing salty pastries" as claimed in his defense. Bozbayındır detailed that a conviction was reached regarding Kavala by considering many actions together, such as the financing of the coup, the direction of international perception, and providing a venue for meetings during the events.
The European Court of Human Rights (ECHR) represented Turkey in the hearing held in the Grand Chamber by the Dean of the Faculty of Law at Boğaziçi University, Prof. Dr. Ali Emrah Bozbayındır, and bureaucrats from the Ministry of Justice.
Osman Kavala had defended himself in the Gezi case he was convicted of by saying, "I distributed pastries." Prof. Dr. Ali Emrah Bozbayındır stated that the basis for Kavala's conviction cannot be reduced to merely distributing salty pastries, saying, "Such claims in social media and the press are merely a perception."
"KAVALA IS DEVALUING THE EVIDENCE"
Bozbayındır emphasized that the Kavala side misled the Court in their submissions to the ECHR, portraying the evidence relied upon in the conviction decision as irrelevant and worthless. He noted that domestic courts, especially the Court of Cassation, evaluated all the evidence in the file together, and contrary to the claims, Kavala was not convicted solely for distributing pastries. Bozbayındır detailed that the conviction decision regarding Kavala was made by taking into account many actions such as financing the coup, directing international perception, and providing a venue for meetings during the events.
"KAVALA IS MISLEADING THE ECHR"
Prof. Bozbayındır, an experienced lawyer in the field of International Criminal Law, stated that Osman Kavala misled the ECHR. He emphasized that Kavala was not convicted solely for distributing pastries, saying, "He received a conviction decision due to many actions such as financing the coup, being a director of international perception, and providing a venue for meetings during the events."
In his defense, Bozbayındır stated that Osman Kavala organized, planned, and financed the Gezi Uprising based on court decisions.
Bozbayındır pointed out that Kavala continued his activities even after violent incidents began.
"SIMILAR CRIME, SIMILAR PUNISHMENT IN EUROPE"
Experienced lawyer Bozbayındır also provided information regarding the elements of crimes against the government regulated in Article 312 of the Turkish Penal Code. He noted that similar crimes committed in this context are regulated and applied in a similar manner in other countries of the Council of Europe. Abdullah Aydın, the Head of the Human Rights Department of the Ministry of Justice, also mentioned that Osman Kavala has applications pending before the Constitutional Court. Aydın emphasized that the condition of exhausting domestic legal remedies has not been fulfilled.
WHO IS ALİ EMRAH BOZBAYINDIR?
He is the dean of the Faculty of Law at Boğaziçi University. He served as an academic at Istanbul Sabahattin Zaim University in 2019 and at the National Defense University in 2021. His research areas include General Provisions of Criminal Law, Criminal Procedure Law, Comparative Criminal Law, and International Criminal Law.
In 2012, he was awarded the best young lawyer award by TÜSİAD, in 2019 he received the Herbert Smith Freehills Scholarship, and in 2021 he was awarded the Experienced Scientist Award by the Alexander von Humboldt Foundation. Additionally, he has been working as a visiting faculty member at the University of Cambridge since 2016.