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.



Iran, Europeans Test Diplomacy with Trump Term Looming

Iranian flag flies in front of the UN office building, housing IAEA headquarters, amid the coronavirus disease (COVID-19) pandemic, in Vienna, Austria, May 24, 2021. (Reuters)
Iranian flag flies in front of the UN office building, housing IAEA headquarters, amid the coronavirus disease (COVID-19) pandemic, in Vienna, Austria, May 24, 2021. (Reuters)
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Iran, Europeans Test Diplomacy with Trump Term Looming

Iranian flag flies in front of the UN office building, housing IAEA headquarters, amid the coronavirus disease (COVID-19) pandemic, in Vienna, Austria, May 24, 2021. (Reuters)
Iranian flag flies in front of the UN office building, housing IAEA headquarters, amid the coronavirus disease (COVID-19) pandemic, in Vienna, Austria, May 24, 2021. (Reuters)

European and Iranian officials made little progress in meetings on Friday on whether they could engage in serious talks, including over Iran's disputed nuclear program, before Donald Trump returns to the White House in January, diplomats said.

The meetings in Geneva, the first since this month's US election, come after Tehran was angered by a European-backed resolution last week that criticized Iran for poor cooperation with the UN nuclear watchdog.

"Another round of candid discussions with PDS (political directors) of France, Germany and United Kingdom," Iran's former ambassador to the International Atomic Energy Agency (IAEA) and deputy foreign minister, Kazem Gharibabadi, said on X. "It was agreed to continue diplomatic dialogue in near future."

A European official said there had been nothing of note in the meeting, but that Tehran had shown an eagerness to explore how diplomacy could work in the next few weeks.

Trump, who after pulling the United States out of the 2015 nuclear deal between Tehran and world powers pursued a "maximum pressure" policy that sought to wreck Iran's economy, is staffing his new administration with noted hawks on Iran.

Iran's deputy foreign minister and senior nuclear negotiator Majid Takhtravanchi met the EU's coordinator Enrique Mora on Thursday evening before holding various talks on Friday with the European diplomats, known as the E3.

While Trump's return to power leaves many questions open, four European diplomats said the E3 countries - the European parties to the 2015 accord - felt it was vital to engage now because time was running out.

The level of distrust between both sides was highlighted when the E3 on Nov. 21 pushed ahead with a resolution by the IAEA board of governors which criticized Iran.

They dismissed as insufficient and insincere a last-minute Iranian move to cap its stock of uranium that is close to weapons grade.

Tehran reacted to the resolution by informing the IAEA that it plans to install more uranium-enriching centrifuges at its enrichment plants.

In rare public comments, the head of France's foreign intelligence service Nicolas Lerner said on Friday there was a real the risk of Iranian nuclear proliferation in the coming months.

"Our services are working side by side to face what is undoubtedly one of the most, if not the most, critical threat of the coming months ... possible atomic proliferation in Iran," Lerner said, speaking in Paris alongside his British counterpart, adding the two agencies were defining their strategy.

A European official had earlier said the primary aim in Geneva was to try to agree a calendar timeline and framework to embark on good faith talks so that there was a clear commitment from Iranians to begin negotiating something concrete before Trump arrives.

It was unclear immediately if there had been any such progress.

"If we finalize a roadmap with France, Britain and Germany on how to resolve the nuclear dispute, then the ball will be in the US court to revive or kill the 2015 nuclear deal," the senior Iranian official said.

The E3 have adopted a tougher stance on Iran in recent months, notably since Tehran ramped up its military support to Russia. However, they have always insisted that they wanted to maintain a policy of pressure and dialogue.

Iranian officials say their primary objective will be finding ways to secure lifting of sanctions.

WAR FEARS

The 2015 deal lifted international sanctions against Iran in return for Tehran accepting some curbs to its nuclear program. Since Trump left the deal, Iran has accelerated its nuclear program while limiting the IAEA's ability to monitor it.

"There isn't going to be an agreement until Trump takes office or any serious talks about the contours of a deal," said Kelsey Davenport, director of non-proliferation policy at the Arms Control Association advocacy group.

The talks, which also discussed the Middle East situation and Iran's military cooperation with Russia, took place amid fears that an all-out war could break out between Iran and arch-rival Israel despite a ceasefire in Lebanon between Israel and Iran's Hezbollah allies. Prime Minister Benjamin Netanyahu said on Tuesday he wanted to turn Israel's focus to Iran.

The European powers hope Iran will decide to begin negotiating new restrictions on its nuclear activities with a view to having a deal by the summer.

That would give enough time to implement new limits on Iran's program and lift sanctions before the accord ends in October 2025. It is not clear whether Trump would back negotiations.