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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)
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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.

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Japan Marks 80th Anniversary of WWII Surrender as Concern Grows About Fading Memory

Japan's Prime Minister Shigeru Ishiba, left, walks to deliver a speech as Japan's Emperor Naruhito and Empress Masako attend a memorial service marking the 80th anniversary of Japan's World War II defeat, at the Nippon Budokan hall Friday, Aug. 15, 2025, in Tokyo. (AP)
Japan's Prime Minister Shigeru Ishiba, left, walks to deliver a speech as Japan's Emperor Naruhito and Empress Masako attend a memorial service marking the 80th anniversary of Japan's World War II defeat, at the Nippon Budokan hall Friday, Aug. 15, 2025, in Tokyo. (AP)
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Japan Marks 80th Anniversary of WWII Surrender as Concern Grows About Fading Memory

Japan's Prime Minister Shigeru Ishiba, left, walks to deliver a speech as Japan's Emperor Naruhito and Empress Masako attend a memorial service marking the 80th anniversary of Japan's World War II defeat, at the Nippon Budokan hall Friday, Aug. 15, 2025, in Tokyo. (AP)
Japan's Prime Minister Shigeru Ishiba, left, walks to deliver a speech as Japan's Emperor Naruhito and Empress Masako attend a memorial service marking the 80th anniversary of Japan's World War II defeat, at the Nippon Budokan hall Friday, Aug. 15, 2025, in Tokyo. (AP)

Japan is paying tribute to more than 3 million war dead as the country marks its surrender 80 years ago, ending the World War II, as concern grows about the rapidly fading memories of the tragedy of war and the bitter lessons from the era of Japanese militarism.

Prime Minister Shigeru Ishiba expressed “remorse” over the war, which he called a mistake, restoring the word in a Japanese leader's Aug. 15 address for the first time since 2013, when former premier Shinzo Abe shunned it.

Ishiba, however, did not mention Japan's aggression across Asia or apologize.

“We will never repeat the tragedy of the war. We will never go the wrong way,” Ishiba said. “Once again, we must deeply keep to our hearts the remorse and lesson from that war.”

In a national ceremony Friday at Tokyo's Budokan hall, about 4,500 officials and bereaved families and their descendants from around the country observed a moment of silence at noon, the time when the then-emperor's surrender speech began on Aug. 15, 1945.

Just a block away at Yasukuni Shrine, seen by Asian neighbors as a symbol of militarism, dozens of Japanese rightwing politicians and their supporters came to pray.

Ishiba stayed away from Yasukuni and sent a religious ornament as a personal gesture instead of praying at the controversial shrine.

But Shinjiro Koizumi, the agriculture minister considered as a top candidate to replace the beleaguered prime minister, prayed at the shrine. Koizumi, the son of popular former Prime Minister Junichiro Koizumi whose Yasukuni visit as a serving leader in 2001 outraged China, is a regular at the shrine.

Rightwing lawmakers, including former economic security ministers Sanae Takaichi and Takayuki Kobayashi, as well as governing Liberal Democratic Party heavyweight Koichi Hagiuda, also visited the shrine Friday.

The shrine honors convicted war criminals, among about 2.5 million war dead. Victims of Japanese aggression, especially China and the Koreas, see visits to the shrine as a lack of remorse about Japan's wartime past.

Japanese emperors have stopped visiting the Yasukuni site since the enshrinement of top war criminals there in 1978.

Emperor Naruhito, in his address at the Budokan memorial Friday, expressed his earnest hope that the ravages of war will never be repeated while “reflecting on our past and bearing in mind the feelings of deep remorse.”

Naruhito reiterated the importance of telling the war’s tragic history and the ordeals faced during and after the war to younger generations as “we continue to seek the peace and happiness of the people in the future.”

As part of the 80th anniversary remembrance, he has traveled to Iwo Jima, Okinawa and Hiroshima, and is expected to visit Nagasaki with his daughter, Princess Aiko, in September.

Hajime Eda, whose father died on his way home from Korea when his ship was hit by a mine, said he will never forget his father and others who never made it home. In his speech representing the bereaved families, Eda said it is Japan's responsibility to share the lesson — the emptiness of the conflict, the difficulty of reconstruction and the preciousness of peace.

There was some hope at the ceremony, with a number of teenagers participating after learning about their great-grandfathers who died in the battlefields.

Among them, Ami Tashiro, a 15-year-old high school student from Hiroshima, said she joined a memorial marking the end of the battle on Iwo Jima in April after reading a letter her great-grandfather sent from the island. She also hopes to join in the search for his remains.

As the population of wartime generations rapidly decline, Japan faces serious questions on how it should pass on the wartime history to the next generation, as the country has already faced revisionist pushbacks under Abe and his supporters in the 2010s.

Since 2013, Japanese prime ministers stopped apologizing to Asian victims, under the precedent set by Abe.

Some lawmakers' denial of Japan's military role in massive civilian deaths on Okinawa or the Nanking Massacre have stirred controversy.

In an editorial Friday, the Mainichi newspaper noted that Japan's pacifist principle was mostly about staying out of global conflict, rather than thinking how to make peace, and called the country to work together with Asian neighbors as equal partners.

“It's time to show a vision toward ‘a world without war’ based on the lesson from its own history,” the Mainichi said.