The Council of Europe's Committee of Ministers has issued a warning that Turkey's non-compliance with the European Court of Human Rights' (ECtHR) decision to immediately release Osman Kavala presents a significant challenge to the European human rights system.
According to a report published today, the Committee's annual review of member states' adherence to ECtHR decisions highlighted "significant progress" in the implementation of the Court's rulings. However, concerns were raised regarding non-compliance in specific cases, notably the ongoing detention of Osman Kavala and the non-implementation of decisions prior to Russia's departure from the Council.
The report emphasized the obligation of all member states to execute ECtHR decisions as a matter of upholding the credibility of the Council of Europe and the integrity of the human rights system. Despite numerous efforts and calls for action, Kavala remains in custody, and the Committee has noted and reiterated its commitment to ensuring respect for the European Convention on Human Rights (ECtHR) among its members.
In 2019, the ECtHR's Grand Chamber ruled that Kavala's detention was in violation of his rights, ordering his immediate release. After Ankara refused to comply with the ruling, the Committee initiated an infringement process against Turkey in 2022.
Background
Businessperson and rights defender Osman Kavala was detained on October 18, 2017, in an investigation into the 2013 Gezi Park protests. He was arrested on November 1 and placed in the Marmara (Silivri) Prison.
The justification for his arrest was his alleged attempt to 'overthrow the government' in the context of the Gezi protests and his alleged attempt to 'overthrow the constitutional order' in the context of the July 15 coup attempt.
He was acquitted in the Gezi Trial on February 18, 2020. However, he was not released. On the day of his acquittal, he was re-arrested on charges of attempting to 'overthrow the constitutional order.’ On March 9, 2020, he was arrested again under the same trial, this time on charges of 'political or military espionage'.
The acquittal decision in the Gezi trial was overturned, and he was retried. On April 25, 2022, he was sentenced to aggravated life imprisonment for 'attempting to overthrow the government'. The appeals court upheld the decision.
Meanwhile, the European Court of Human Rights (ECtHR), in its decision of December 10, 2019, determined that Osman Kavala's detention was arbitrary and based on political motives. Therefore, it ruled that Osman Kavala should be released immediately.
Due to Osman Kavala not being released in accordance with this decision, the Committee of Ministers of the Council of Europe initiated a 'violation procedure' against Turkey.
In its decision on July 11, 2022, the ECtHR Grand Chamber ruled that "[the decision of December 10, 2019] regarding Kavala, which found a violation of Article 5 in connection with Article 18 of the ECtHR, would render any action based on accusations related to the Gezi Park events and the coup attempt null and void."
However, courts ignored and did not implement the legally binding nature of these two decisions.
(RT/VK)
