ECHR Says Turkey Failed to Comply with Ruling to Release Philanthropist

A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
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ECHR Says Turkey Failed to Comply with Ruling to Release Philanthropist

A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)

Europe's top rights court said on Monday Turkey had not complied with a ruling that called for the release of philanthropist Osman Kavala, moving further in a process that could lead to Ankara's suspension from the Council of Europe (CoE).

The Committee of Ministers of the CoE, which oversees the implementation of the European Court of Human Rights (ECHR) rulings, referred the case back to the court in February.

Kavala, who has been in jail 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 others were sentenced to 18 years for aiding him in what critics said was a political trial aimed at criminalizing nationwide demonstrations in 2013, known as the Gezi protests, the biggest popular challenge to then-premier Tayyip Erdogan.

The Grand Chamber of the ECHR ruled on Monday that Turkey had violated the European Convention on Human Rights by not releasing Kavala in line with the court's previous ruling.

The court said the new indictment brought against Kavala after the ECHR ruling in Dec. 2020 did not contain any substantial facts and that "the investigating authorities had once again referred to numerous acts which were carried out entirely lawfully".

It added that Kavala was still in detention despite three decisions for his release and one acquittal, ordering Turkey to pay him 7,500 euros ($7,600).

The Turkish Foreign Ministry said the ruling was disappointing and it expected the Committee of Ministers to act without bias and with common sense during the following proceedings.

The ECHR ruled more than two years ago that Kavala should be released immediately and said his detention served to silence him, but Turkish courts have kept him in jail.

The ECHR's ruling on Monday is the latest step in the so-called "infringement proceedings" which could lead to Turkey's suspension from the CoE, of which it is a founding member.

As the next step in the process, the Committee of Ministers will decide on what measures to take as a result of Turkey's failure to comply with the ECHR ruling.

Legal experts say Turkey's removal from the CoE would lift the protection afforded on citizens by the European Convention on Human Rights as well as the ECHR.

Erdogan, who is now president, has said Turkey will not respect the CoE if it does not respect rulings by Turkish courts. He also said the ECHR ruling on Kavala does not apply after he was convicted.

The Gezi trial was seen as symbolic of the crackdown on dissent under Erdogan's rule, as well as the use of the judiciary to punish his opponents. Erdogan and his AK Party say Turkish courts are independent.



Israel Accuses Türkiye of 'Malice' over UN Arms Embargo Call

Israel UN ambassador Danny Danon on Monday accused Türkiye of “malice,” after Ankara submitted a letter calling for a halt in arms deliveries to Israel over the war in Gaza. (Reuters/File)
Israel UN ambassador Danny Danon on Monday accused Türkiye of “malice,” after Ankara submitted a letter calling for a halt in arms deliveries to Israel over the war in Gaza. (Reuters/File)
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Israel Accuses Türkiye of 'Malice' over UN Arms Embargo Call

Israel UN ambassador Danny Danon on Monday accused Türkiye of “malice,” after Ankara submitted a letter calling for a halt in arms deliveries to Israel over the war in Gaza. (Reuters/File)
Israel UN ambassador Danny Danon on Monday accused Türkiye of “malice,” after Ankara submitted a letter calling for a halt in arms deliveries to Israel over the war in Gaza. (Reuters/File)

Israel's ambassador to the United Nations on Monday accused Türkiye of "malice," after Ankara submitted a letter signed by 52 countries calling for a halt in arms deliveries to Israel over the war in Gaza.
"What else can be expected from a country whose actions are driven by malice in an attempt to create conflicts with the support of the 'Axis of Evil' countries," said Ambassador Danny Danon, using a pejorative term to describe the countries who signed the letter.
Türkiye’s foreign ministry said Sunday it had submitted the letter to the United Nations, with the signatories including the Arab League and the Organization of Islamic Cooperation.
Israel has faced international criticism for the conduct of its war in Gaza, where its offensive has killed at least 43,374 people, most of them civilians, according to health ministry figures which the United Nations considers to be reliable.
The war began when Palestinian armed group Hamas attacked Israel on October 7, which resulted in the deaths of 1,206 people, mostly civilians, according to an AFP tally of Israeli official figures.
“This letter is further proof that the UN is led by some sinister countries and not by the liberal countries that support the values of justice and morality," said Danon.
Türkiye’s letter, seen by AFP Monday, called the "staggering" civilian death toll "unconscionable and intolerable."
"We therefore make this collective call for immediate steps to be taken to halt the provision or transfer of arms, munitions and related equipment to Israel, the occupying Power, in all cases where there are reasonable grounds to suspect that they may be used in the Occupied Palestinian Territory," the letter said.
It added that the UN Security Council (UNSC) must take steps to ensure compliance with its resolutions "which are being flagrantly violated."
The UNSC called in March for a ceasefire in Gaza, but has struggled to speak with a unified voice on the issue due to the veto wielded by Israel's key ally, the United States.
Asked about the joint letter on Monday, the spokesman for UN Secretary-General Antonio Guterres said he had not seen it.