Kavala has been convicted of attempting to overthrow the government and in April he was sentenced to life in prison without parole – What does the decision of the European Court of Human Rights provide
The European Court of Human Rights (ECtHR) announced today that Turkey has not complied with a decision calling for the release of activist and mother of the arts Osman Kavala, taking another step that could lead to Ankara’s expulsion from the Council of Europe.
The Committee of Ministers, which decides Council of Europe policy and oversees the implementation of ECtHR rulings, sent the case back to court in February.
THE riding, who has been in prison for nearly five years, has since been convicted of attempting to overthrow the government and was sentenced to life in prison without parole in April.
Seven other people were sentenced to 18 years in prison for complicity in what critics of the authorities say was a political trial aimed at criminalizing protests that took place across the country in 2013 and went down in history as the “Gezi movement” — the largest popular challenge to then Prime Minister Tayyip Erdogan.
The Grand Chamber of the ECtHR ruled today that Turkey violated the European Convention on Human Rights by not releasing Kavala in accordance with the court’s previous ruling.
According to the court, the new indictment against Kavala after the decision of the ECHR in December 2020 does not include any essential facts and “the investigative authorities once again referred to numerous actions, which were carried out in an absolutely legal manner”.
The court added that Kavala remains in custody despite three decisions for his release and one acquittal that called on Turkey to pay him 7,500 euros in compensation.
The Turkish Foreign Ministry announced that the decision is disappointing and expects the Committee of Ministers to act impartially and based on common sense during the following procedures.
More than two years ago the ECtHR ruled that Kavala should be released immediately and commented that his detention is aimed at silencing him, but the Turkish courts decided to continue his detention.
Today’s decision is the latest step in so-called “infringement proceedings” against Turkey, which could lead to the country’s expulsion from the Council of Europe, of which it is a founding member.
The next step in the process is for the Committee of Ministers to decide on the measures to take following Turkey’s failure to comply with the ECtHR decision.
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