CoE starts infringement proceedings against Turkey over Osman Kavala's imprisonment

The ECtHR will now decide whether Turkey has abided by its ruling and fulfilled its obligations as a party to the European Convention on Human Rights. Ankara says the decision is "politically motivated."

İstanbul

CoE starts infringement proceedings against Turkey over Osman Kavala's imprisonment

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The Committee of Ministers of the Council of Europe has officially launched infringement proceedings against Turkey because of its failure to release businessperson and rights advocate Osman Kavala despite a European Court of Human Rights (ECtHR) judgment.

With a majority vote, the committee decided to refer the case to the ECtHR, which will decide whether Ankara has abided by its ruling and fulfilled its obligations as a party to the European Convention on Human Rights (ECHR).

If Turkey is found to be in violation, the committee will decide on what sanctions will be imposed on it.

CLICK - 'I would be ashamed of CoE sanctions against Turkey,' says Kavala

This was the second time that the Committee of Ministers gave such a decision. The first one was against Azerbaijan over the imprisonment of Ilgar Mammadov, an opposition politician.

After the proceedings started, Mammadov was released on probation in August 2018 and the country's high court reduced his sentence in March 2019, which ended the probationary period.

The CoE then suspended the infringement proceedings.

Ankara: The decision is politically motivated

Releasing a written statement later in the day, the Ministry of Foreign Affairs asserted that the Committee os Ministers deicison was "politically motivated."

"[The Committee] has maintained its stance that interferes with the independence of the judicial proceedings and violated the principle of respect for judicial proceedings," said the ministry.

"It is evident that this prejudiced and politically motivated decision, which disregards the domestic proceedings, damages the credibility of the European human rights system.

"Our expectation is that the ECtHR assesses this decision on a fair basis; and considering the pending domestic proceedings, does not act as a first instance court; and delivers its judgment in accordance with its case-law and principles, as well as the European Convention on Human Rights."

The imprisonment of Osman Kavala

17 October 2017: Osman Kavala was detained.

1 November 2017: Kavala was ordered arrest on the charges of 'attempting to overthrow the government or to prevent it from exercising its functions' (Article 312 of the TCC) and 'attempting to overthrow the constitutional order through force and violence' (Article 309 of the TCC).

24 December 2018: The investigation files under Article 309 and 312 of the TCC were separated.

19 February 2019: The first indictment against Kavala was issued under Article 312 of the TCC 16 months after he was arrested.

11 October 2019: A release order was issued in favor of Kavala on the charge under Article 309 of the TCC.

10 December 2019: The ECtHR ruled that Kavala's detention constituted a violation of human rights and that he should be released immediately.

18 February 2020: A decision of acquittal was issued in the trial heard under Article 312 of the TCC.

19 February 2020: After the decision of acquittal, Kavala was not released but was arrested again on the charge under Article 309 of the TCC.

9 March 2020: Kavala was ordered arrest under Article 328 of the TCC.

20 March 2020: The second release order was issued in favor of Kavala under Article 309 of the TCC. However, his detention on the charge of espionage under Article 328 of the TCC continued.

3 September 2020: The Committee of Ministers of the Council of Europe, which oversees the execution of the judgments of the ECtHR, ruled that the judgment of the ECtHR should be executed and that Kavala should be released immediately.

29 September 2020: The Constitutional Court of the Republic of Turkey decided to examine the application of Kavala regarding his unlawful detention. However, it postponed the examination as the second indictment including the charges under Articles 309 and 328 (espionage) of the TCC was submitted to the court on the same day.

29 September 2020: In the second meeting in which this matter was discussed, the Committee of Ministers of the Council of Europe ruled that an interim decision should be drafted to be issued in the event that the judgment of the ECtHR is not executed.

3 December 2020: The Committee of Ministers of the Council of Europe issued an interim decision that Kavala should be released immediately and that the Constitutional Court should examine the file in accordance with the judgment of the ECtHR without further delay.

15 December 2020: The Constitutional Court decided to examine the application regarding the unlawful detention and ruled that the file should be referred to the General Assembly of the Constitutional Court.

18 December 2020: The 36th Assize Court ruled that the detention shall continue. The second hearing was scheduled on 5 February.

29 December 2020: The Constitutional Court ruled with 8 to 7 votes that the decision of Kavala did not constitute any violation of right. The reasoned judgment included the strongly dissenting opinions of the judges who voted that the detention constituted a violation of rights.

22 January 2021: The Appellate Court overturned the decision of acquittal in the Gezi trial. It ruled that the file concerning this trial shall be examined together with the files under Articles 309 and 328 of the TCC.

28 January 2021: After the decision of acquittal was overturned, the 30th Assize Court issued a preliminary proceedings report and scheduled the trial concerning the consolidated files on 21 May 2021.

5 February 2021: In the trial heard in the 36th Assize Court, the Court ruled that Kavala's trial shall be consolidated with the Gezi Trial, which will be heard again in the 30th Assize Court under Article 312 of the TCC, and that the detention of Kavala on the charges of espionage under Article 328 of the TCC shall continue.

30 April 2021: As a result of its examination of the detention, the 30th Assize Court ruled that the detention of Kavala shall continue.

12 May 2021: In its weekly meeting of 12 May 2021, the Committee of Ministers of the Council of Europe reviewed Kavala's file and expressed their great concern that Turkish authorities and courts did not take the necessary steps to end Kavala's the continued detention against the judgment of the ECtHR. The Committee urged the member states to bring up the continued detention and immediate release of Kavala during their meetings with Turkish authorities. It pointed out that the detention of Kavala would be reviewed again by the 30th Assize Court on 21 May 2021, and urged the authorities to take all the necessary steps to ensure the release of Kavala.

CLICK - Committee of Ministers of Council of Europe: Release Demirtaş and Kavala

(HA/VK)