The European Court of Human Rights’ Grand Chamber has ordered Turkey to release Osman Kavala and eliminate the consequences of his conviction after finding multiple violations of his Convention rights.
The European Court of Human Rights, ECHR, on Tuesday ruled for a second time that Turkey should release the jailed philanthropist and human rights activist Osman Kavala. Judges found that his detention and conviction violated multiple provisions of the European Convention on Human Rights.
“The respondent State was required to secure the applicant’s release at the earliest possible date,” the Court said, adding that Turkey must eliminate the consequences of the measures taken against him. It said Kavala’s criminal conviction should be regarded as “null and void” under the Convention’s provisions.
Kavala is a prominent civil society figure
Kavala is a prominent civil society figure and former board member of the Open Society Foundations in Turkey. He has been in custody since October 2017, facing charges in connection with the 2013 Gezi Park protests and the failed coup attempt of July 2016.
An Istanbul court sentenced Kavala to “aggravated life imprisonment” – without the possibility of release – in April 2022. He was convicted of attempting to overthrow the government through his support for the Gezi Park protests. The months of demonstrations constituted the largest popular uprising against the authoritarian leadership of President Recep Tayyip Erdogan.
Two appeal courts upheld Kavala’s conviction in December 2022 and September 2023.
In its latest ruling, the ECHR found violations of several provisions of the European Convention on Human Rights, including freedom of expression and assembly, the right to a fair trial and the right to liberty and security. It also found that Kavala’s aggravated life sentence without the possibility of release violated Article 3, which explicitly prohibits “torture [and] inhuman or degrading treatment or punishment”.
Judges concluded that a desire to silence Kavala
Judges concluded that a desire to silence Kavala was behind the criminal proceedings, his conviction and his continued detention. The Turkish authorities aimed to punish him for his role in the Gezi Park demonstrations and for expressing his opinions as a human rights defender.
The judgment follows years of pressure over Turkey’s failure to implement previous ECHR rulings concerning Kavala. The Council of Europe’s Committee of Ministers eventually launched infringement proceedings against Turkey in 2022. That process could ultimately lead to sanctions, including the suspension of voting rights or even membership.
The Court also ordered Turkey to pay Kavala 70,000 euros in non-pecuniary damages and 43,342.57 euros in costs and expenses.
Source: balkaninsight.com
