ECHR rules against Turkey in Kavala case

11-07-2022
Rudaw
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ERBIL, Kurdistan Region - The European Court of Human Rights (ECHR) on Monday condemned Turkey for failing to implement the Court’s 2019 ruling demanding the immediate release of a leading Turkish activist who was handed a life sentence in April.  

Rights defender Osman Kavala, was arrested in November 2017 on charges of overthrowing the constitutional order of Turkey and espionage. He was accused of financing a 2013 protest in Istanbul and was acquitted, but was re-arrested and charged with taking part in the 2016 attempted coup against President Recep Tayyip Erdogan. He was sentenced to life imprisonment on April 25.

The ECHR in a statement said Turkey had violated the European Convention on Human Rights regarding the binding force of the court’s decisions, saying the country is “to pay” the activist 7,500 euros (around $7,500) worth of  costs and expenses.

In 2019, the ECHR found that Kavala’s right to liberty was violated and called for his immediate release with the Council of Europe warning Ankara would launch disciplinary proceedings if it did not comply with the ruling. 

However, instead of implementing the ruling, Turkish authorities subjected him to further prosecution.

Amnesty International was the first to speak on the ECHR’s recent ruling, saying it “shames” Turkish authorities.

“For almost three years, they have refused to implement the European Court of Human Rights’ 2019 judgment and release Osman Kavala. Today’s ruling lays bare yet again the failure of the government to abide by a legally binding obligation,” Deputy Director for Research at Amnesty’s Europe office Julia Hall said.

“Kavala’s case is emblematic of the clampdown on civil society and the rollback in human rights protections that affects everyone in Turkey. If Turkey persists in its stubborn refusal to release Osman Kavala, it will further debase itself as one of the Council of Europe’s founding members,” Hall added.

The watchdog has repeatedly called for Kavala’s release.

Turkey Litigation Support Project and Human Rights Watch released a joint statement shortly after the ruling, welcoming the decision and labeling it a “historic judgment” and calling for “the immediate release of Osman Kavala, cleared of all charges.” 

The plight of the intellectual and rights defender resulted in an international outcry with the US slamming the ruling.

“His unjust conviction is inconsistent with respect for human rights, fundamental freedoms, and the rule of law,” read a State Department statement in April.

Human Rights Watch highlighted Kavala’s case in its annual 2021 rights report released earlier in the year, saying “authorities continue to use terrorism and defamation charges to harass rights defenders, and to violate their right to assembly.”

Turkey has come under sustained fire from international human rights groups for its prolific detention of journalists, lawyers, and activists.

Updated at 8:52pm

 

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