Council of Europe ‘to initiate infringement proceedings against Turkey’

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The Committee of Ministers of the Council of Europe has examined Turkey's failure to execute the European Court of Human Rights (ECtHR) judgement on imprisoned rights defender and businessperson Osman Kavala, who has been behind bars in Silivri Prison for 1,318 days.

Referring to the continued arrest of Kavala, the decisions issued after the meeting on June 7-9 have noted that the Deputies "affirmed their determination, if the applicant is not released, to ensure the implementation of the judgment through all means at the disposal of the Organisation, including if necessary infringement proceedings."

In the event that the related proceedings are initiated, Turkey's right to vote and veto at the Council of Europe might be suspended. 

The Deputies have recalled the "ECtHR's findings that the applicant's arrest and pre-trial detention took place in the absence of evidence to support a reasonable suspicion he had committed an offence and pursued an ulterior purpose, namely to silence him and dissuade other human rights defenders."

They have also underlined that "the one year and nearly five months taken by the Constitutional Court to review his complaint was insufficiently 'speedy', given that his personal liberty was at stake."

According to the Deputies, "the continuing arbitrary detention of the applicant, on the basis of proceedings which constitute a misuse of the criminal justice system, undertaken for the purpose of reducing him to silence, constitutes a flagrant breach of Turkey's obligation under Article 46 § 1 of the Convention to abide by the Court's judgment."

The Deputies have underkied that the detention of Kavala in this context is "unacceptable in a State subject to the rule of law."

Turkey doesn't abide by the Convention

The European Convention on Human Rights (ECHR) is a convention ratified by 47 states that are members of the Council of Europe. With a decision taken at the Parliament on May 18, 1954, Turkey signed the Convention. Turkey was granted the right of individual application on January 28, 1987. With the decision of the Council of Ministers on September 25, 1989, Turkey recognized the ECtHR's compulsory jurisdiction.

The states that are a party to the ECHR pledge that they will abide by the judgements handed down by the ECtHR.

Arrested in Silivri Prison for 1,318 days, Osman Kavala, during the Gezi trial, first took his imprisonment to the Constitutional Court. Then, he applied to the ECtHR, as the former had remained inconclusive.

In its judgement on December 10, 2019, the ECtHR concluded that Kavala's arrest was political. Convicting Turkey, the Court ruled that he should be released immediately. (HA/SD)