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.



New Hampshire Hamlet Tied in First US Election Day Votes

Ballots are counted in the US election at midnight in the living room of the Tillotson House at the Balsams Grand Resort, marking the first votes in the US election, in Dixville Notch, New Hampshire on November 5, 2024. (AFP)
Ballots are counted in the US election at midnight in the living room of the Tillotson House at the Balsams Grand Resort, marking the first votes in the US election, in Dixville Notch, New Hampshire on November 5, 2024. (AFP)
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New Hampshire Hamlet Tied in First US Election Day Votes

Ballots are counted in the US election at midnight in the living room of the Tillotson House at the Balsams Grand Resort, marking the first votes in the US election, in Dixville Notch, New Hampshire on November 5, 2024. (AFP)
Ballots are counted in the US election at midnight in the living room of the Tillotson House at the Balsams Grand Resort, marking the first votes in the US election, in Dixville Notch, New Hampshire on November 5, 2024. (AFP)

Voters in the US hamlet of Dixville Notch launched Election Day in the first minutes of Tuesday with a tied vote, mirroring the incredibly close national polls in the White House race.

Kamala Harris and Donald Trump each got three ballots in the tiny community in the northeastern state of New Hampshire which for decades has kicked off Election Day at the stroke of midnight Monday -- hours before the rest of the country's polling stations open.

The Democratic vice president and Republican ex-president have been battling in a tense and exceptionally close race, with opinion polls largely tied.

To a gathered crowd of journalists, the vote opened with a rendition of the US national anthem performed on an accordion.

Electoral laws in New Hampshire allow municipalities with fewer than 100 residents to open their polling stations at midnight and to close them when all registered voters have fulfilled their civic duty.

Dixville Notch's residents voted unanimously for then candidate Joe Biden in 2020, reportedly only the second presidential hopeful to get all the votes since the midnight voting tradition began in 1960.

Most polling stations on the East Coast will open at 6:00 or 7:00 am (1100 or 1200 GMT) on Tuesday.

Dixville Notch voters handed a surprise unanimous victory to Republican White House hopeful Nikki Haley in New Hampshire's primary in January.

Haley ultimately quit the race due to an insurmountable Trump lead -- but Tuesday's vote shows that three voters opted not to back the billionaire in the general election.