The Gezi trial decision of the appeal court reads like an AKP evaluation of political history!

My friends from Evrensel Newspaper asked me for a legal review about the reversal decision of the appeal court in the Gezi trial.

I quickly read the verdict and, to my surprise, could not think of what to write.

I have been a lawyer for thirty-two years. I have never seen such a thing in my professional life.

A decision of reversal is made based on an indictment prepared after the acquittal decision.

In order to void the "Osman Kavala must be released" verdict, the acquittal verdict is overturned and through combining that unlawful case with the Gezi case, they are attempting to make the ECHR decision void. Similar to the new case against Demirtaş, which was opened to render the ECHR decision void, a new case is created here with this reversal decision.

For defendants other than Osman Kavala, the only reason for the dismissal of the case is based on social media posts and speeches on television.

For individuals, twice acquitted and not been prosecuted for their social media conversations, social media posts are considered to be a crime deserving life imprisonment.

The decision reads just like an AKP political definition of the last 20 years. It is stated that "December 17-25 is a judicial coup" and that "Gezi was an uprising to overthrow the government."

In the decision, it is stated that the infiltration of the state by the ‘FETÖ’ organisation is called a "40-year process" in order to hide the role of the AKP.

Even the ‘Çarşı’ case, which resulted in acquittal, is brought back to the agenda and the decision for acquittal is opposed, it is claimed that “the verdict should have been waited for".

Again, in the verdict it is stated that "the Gezi Uprising is a part of Arab Spring". However, the BOP project (Greater Middle East) by the US and the Arab peoples' uprising were not interventions to overthrow governments like the AKP, but to replace governments of those countries with the likes of AKP; to enable moderate Islam or the Muslim Brotherhood take over the power. Hence, the "Arab Spring" is also distorted in favour of the AKP.

The decision of the Court of Appeal reads exactly like the AKP's evaluation of political history.

Unnecessary, empty, meaningless legal articles and jurisprudence are scattered throughout the text in order to make unlawful evaluations legal.

What a disaster. It looks like there is full conflict between the cliques in power. Those wanting to make ostensible legal gestures to the USA and the EU for economic reasons against those trying to make the judiciary even more sovereign; Eurasians, putschists, Americanists, fascists are throttling each other.

All state institutions and bureaucracy have elements of these cliques within them. The conflict trickles all the way down to the bottom.

Democracy and freedoms will be won through the united struggle of the people. One should not expect democracy from one of these cliques or from the USA-EU.