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.



Russia Condemns ‘Irresponsible’ Talk of Nuclear Weapons for Ukraine

Kremlin spokesman Dmitry Peskov attends a press conference of Russian President Vladimir Putin speaks at the BRICS summit in Kazan, Russia October 24, 2024. (Reuters)
Kremlin spokesman Dmitry Peskov attends a press conference of Russian President Vladimir Putin speaks at the BRICS summit in Kazan, Russia October 24, 2024. (Reuters)
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Russia Condemns ‘Irresponsible’ Talk of Nuclear Weapons for Ukraine

Kremlin spokesman Dmitry Peskov attends a press conference of Russian President Vladimir Putin speaks at the BRICS summit in Kazan, Russia October 24, 2024. (Reuters)
Kremlin spokesman Dmitry Peskov attends a press conference of Russian President Vladimir Putin speaks at the BRICS summit in Kazan, Russia October 24, 2024. (Reuters)

Discussion in the West about arming Ukraine with nuclear weapons is "absolutely irresponsible", Kremlin spokesman Dmitry Peskov said on Tuesday, in response to a report in the New York Times citing unidentified officials who suggested such a possibility.

The New York Times reported last week that some unidentified Western officials had suggested US President Joe Biden could give Ukraine nuclear weapons before he leaves office.

"Several officials even suggested that Mr. Biden could return nuclear weapons to Ukraine that were taken from it after the fall of the Soviet Union. That would be an instant and enormous deterrent. But such a step would be complicated and have serious implications," the newspaper wrote.

Asked about the report, Peskov told reporters: "These are absolutely irresponsible arguments of people who have a poor understanding of reality and who do not feel a shred of responsibility when making such statements. We also note that all of these statements are anonymous."

Earlier, senior Russian security official Dmitry Medvedev said that if the West supplied nuclear weapons to Ukraine then Moscow could consider such a transfer to be tantamount to an attack on Russia, providing grounds for a nuclear response.

Ukraine inherited nuclear weapons from the Soviet Union after its 1991 collapse, but gave them up under a 1994 agreement, the Budapest Memorandum, in return for security assurances from Russia, the United States and Britain.

Ukrainian President Volodymyr Zelenskiy said last month that as Ukraine had handed over the nuclear weapons, joining NATO was the only way it could deter Russia.

The 33-month Russia-Ukraine war saw escalations on both sides last week, after Ukraine fired US and British missiles into Russia for the first time, with permission from the West, and Moscow responded by launching a new hypersonic intermediate-range missile into Ukraine.

Asked about the risk of a nuclear escalation, Peskov said the West should "listen carefully" to Putin and read Russia's newly updated nuclear doctrine, which lowered the threshold for using nuclear weapons.

Separately, Russian foreign intelligence chief Sergei Naryshkin said Moscow opposes simply freezing the conflict in Ukraine because it needs a "solid and long-term peace" that resolves the core reasons for the crisis.