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.



Senior Israeli Army Officer among Suspects in ‘Leaks Scandal’

 A photo published by Israeli Channel 12 of the central suspect in the leaks case.
 A photo published by Israeli Channel 12 of the central suspect in the leaks case.
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Senior Israeli Army Officer among Suspects in ‘Leaks Scandal’

 A photo published by Israeli Channel 12 of the central suspect in the leaks case.
 A photo published by Israeli Channel 12 of the central suspect in the leaks case.

The arrest of a new senior army officer involved in a suspected leak of classified Gaza documents has sparked a wave of political controversy and public outcry in Israeli politics.
In the past few days, Israeli Prime Minister Benjamin Netanyahu and some individuals close to him tried to downplay the so-called “leaks scandal” and portrayed it as “just an ordinary incitement against the PM.”
But on Monday, an Israeli army officer was arrested by police investigators as part of the probe into leaked classified documents from the Prime Minister’s Office.
Hebrew media reports said the officer was relaxing with his wife and children in a hotel in the southern city of Eilat, when a force of masked policemen raided the place, arrested him, and took him to an investigation room in the Tel Aviv area without providing further information.
Observers suggest this officer is one of the security personnel who leaked and falsified documents from the military to compromise efforts to secure the release of Israeli hostages held by Hamas.
The arrest is the fifth so far in the high-profile investigation. The five suspects include a civilian spokesman from Netanyahu's circle and four members of the security establishment.
Hebrew media outlets on Monday uncovered new information about the central suspect in the case, Eli Feldstein, the only person whose name was allowed to be published. Feldstein has previously worked for National Security Minister Itamar Ben Gvir. He then worked as a spokesman for Netanyahu from soon after the Hamas attack in southern Israel in October 2023.
According to people close to the investigation, one of the tasks assigned to Feldstein in the PM’s office was to “share with various media outlets security information that serves Netanyahu.”
Feldstein is suspected of receiving secret documents from army officers and then sharing them with a false interpretation to both the German Bild newspaper and the UK’s Jewish Chronicle, which are both close to Netanyahu and his wife.
The scandal started when details from a secret document were published by the German Bild newspaper on Sept. 6.
The report cited a document captured in Gaza indicating that Hamas’s main concern in ceasefire negotiations with Israel was to rehabilitate its military capabilities, and not to alleviate the suffering of Gaza’s civilian population. Bild said it had obtained the spring 2024 document exclusively, without offering further details. It said the document was found on a computer in Gaza that belonged to now-slain Hamas leader Sinwar.
Around the same time, Jewish Chronicle published a report saying that Hamas leader Yahya Sinwar planned to smuggle hostages through the Philadelphi Corridor to Egypt.
Netanyahu has used those reports to justify his control over the Philadelphi Corridor along Gaza's border with Egypt and to thwart the hostages deal.
In the past days, the scandal has provoked sharp criticism from opposition leaders and the families of hostages.
The independent media said it highlighted “the corruption that knows no bounds” in the Netanyahu government.
Yossi Verter wrote in the Haaretz newspaper that, “Recent scandals among those in Netanyahu's inner circle reveal the nature of his entourage – a crime organization that places him above the country and national security concerns.”
Speaking about the main suspect in the case, Feldstein, Verter wrote, “The new star, burning with motivation to prove himself, quickly adapted to the office's corrupt semi-criminal atmosphere, its moral and ethical decay and its culture of lies, manipulation, and disinformation.”
At the Maariv newspaper, Shimon Hefetz, a colonel in the army reserve and military secretary to three Israeli presidents, spoke on Monday at the 29th anniversary of the assassination of Prime Minister Yitzhak Rabin, saying: “(The assassination) will forever be a shocking day for Israeli democracy, as it is happening in the Prime Minister's office today.”