Turkey Faces Disciplinary Action in Council of Europe for Failing to Release Philanthropist Osman Kavala
GHRTV Reporter
07-12-21
Elia Duran-Smith
European Human Rights Researcher,
Global Human Rights Defence.
This story provides an update of this case. You can find the previous article here: https://ghrtv.org/turkey-set-to-expel-10-ambassadors-for-calling-on-activist-osman-kavalas-release-from-detention
The Council of Europe, the continent’s de-facto human rights watchdog, has launched infringement measures against Turkey following its refusal to release philanthropist Osman Kavala. This is the only the second time the body has commenced such measures against a member in its 72-year history.
The Council of Europe has issued 8 previous warnings to the Turkish government for failing to uphold the European Court of Human Rights’ (ECHR) final judgement made in May 2020 calling for Kavala’s immediate release as the arrest and pre-trial detention of Kavala served “an ulterior purpose, namely to silence him and dissuade other human rights defenders”. Kavala has been detained for four years without conviction on what are widely seen as trumped up charges of foreign conspiracy and alleged involvement in the 2016 coup against the Turkish government.
The Council of Europe said in a statement made on December 3rd that it served a formal notice to Turkey and that its Committee of Ministers will refer the case for a hearing on February 2nd. Overall, the infringement proceedings will likely span over the next 18 months, according to diplomats.
Meanwhile, Turkish President Erdogan has warned the Council of Europe from further escalating this case, which he calls “interference” in the Turkish judicial system. Additionally, the Turkish government has accused the Council of Europe of pursuing a “biased and selective approach” to the enforcement of the ECHR’s judgements.
Sources and further reading:
Council of Europe. (2021, December 3). Implementing ECHR judgements: Council of Europe ministers serve formal notice on Turkey in the Kavala case.
Daraghi, B. (2021, December 4). Erdogan’s Turkey censured by Council of Europe for jailing activist Osman Kavala. The Independent. https://www.independent.co.uk/news/world/europe/turkey-kavala-erdogan-council-europe-b1969299.html
Pitel, L. (2021, December 3). Council of Europe takes action over Osman Kavala, adding to Turkey’s troubles. Financial Times. https://www.ft.com/content/fdb37e2a-36e7-428b-b89f-dab69ad638db
