The European Court declares that Turkey does not respect the Kavala judgment
ISTANBUL – Europe’s highest court said on Monday that Turkey had failed to respect its ruling that a prominent Turkish philanthropist should be immediately released from prison.
The Strasbourg-based European Court of Human Rights ruled in 2019 that Turkey violated Osman Kavala’s right to liberty, saying his detention and trials against him were used to silence him and actually send a chilling message to civil society in Turkey. The judgment to release him immediately became final in May 2020.
The Council of Europe has launched infringement procedures against Turkey for refusing to comply with its decision. Monday’s decision is the latest step in a long infringement procedure initiated by the Council of Europe, the continent’s leading human rights organisation, and could result in the suspension of the right to vote or the Turkey’s membership in the 47-nation organization.
“Turkey must urgently make concrete and sustained progress in respecting fundamental rights,” said a statement from the European Union. “Turkey’s continued refusal to implement these rulings heightens EU concerns about the Turkish judicial system’s compliance with international and European standards.”
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The civil rights activist was sentenced to life in prison without parole in April after the court found him guilty of trying to overthrow the government with the mass protests in 2013. Seven other people were sentenced and imprisoned for allegedly aiding the attempt. Kavala claimed his innocence.
Human rights groups say Kavala, 64, was prosecuted with flimsy evidence and the case is politically motivated. Kavala is the founder of a non-profit organization, Anadolu Kultur, which focuses on cultural and artistic projects promoting peace and dialogue.
The verdict came after another court acquitted Kavala in February 2020. He was due to be released from prison where he had been held since October 2017 on remand, but was instead rearrested on other charges. . The European Court said the new charges contained no material facts.
Monday’s decision also ordered Turkey to pay Kavala 7,500 euros ($7,600).
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Julia Hall, from Amnesty International’s European office, said: “This decision puts the Turkish authorities to shame.”
“Today’s decision once again lays bare the government’s failure to meet a legally binding obligation. Turkey’s continued inaction is compounding the gross suffering of Osman Kavala and his family,” she added.
Turkish President Recep Tayyip Erdogan has accused Kavala of being the “Turkish branch” of US billionaire philanthropist George Soros, who the Turkish leader says has been behind insurgencies in many countries. He threatened to expel Western envoys for interfering in Turkey’s internal affairs.
Erdogan also dismissed the infringement procedure, saying Turkey would not “recognize those who do not recognize our courts”.
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