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.



Israel PM again Warns Iran after Top Diplomat Talks of Revising Nuclear Doctrine

Israeli Prime Minister Benjamin Netanyahu has repeatedly vowed to stop Iran acquiring a nuclear weapon, by military means if necessary - AFP
Israeli Prime Minister Benjamin Netanyahu has repeatedly vowed to stop Iran acquiring a nuclear weapon, by military means if necessary - AFP
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Israel PM again Warns Iran after Top Diplomat Talks of Revising Nuclear Doctrine

Israeli Prime Minister Benjamin Netanyahu has repeatedly vowed to stop Iran acquiring a nuclear weapon, by military means if necessary - AFP
Israeli Prime Minister Benjamin Netanyahu has repeatedly vowed to stop Iran acquiring a nuclear weapon, by military means if necessary - AFP

Israeli Prime Minister Benjamin Netanyahu said Thursday that Israel would do "everything" to stop Iran acquiring a nuclear weapon after Iran's top diplomat warned it could end its ban on developing one if Western sanctions are reimposed.

The renewed war of words between the Middle East foes came as Iran prepares to hold key nuclear talks with European governments on Friday which have been overshadowed by their joining with Washington to have Tehran censured by the UN atomic watchdog.

"I will do everything to prevent it from becoming a nuclear (power), I will use all the resources that can be used," Netanyahu told Israeli broadcaster Channel 14 in an interview.
Israel is the region's sole, if undeclared, nuclear-armed state. It has long made preventing any rival from matching it its top defense priority.
Netanyahu said Tuesday that the ceasefire that went into effect in Lebanon the following day would allow Israel to focus on Iran. He did not elaborate on what action he envisaged.

Iran launched two missile barrages at Israel over the past year in retaliation for the killing of leaders from Hamas and Hezbollah, as well as an Iranian general.

Israel responded both times with limited attacks on Iran, most recently bombing several military sites on October 26.

Last week's chiding at the International Atomic Energy Agency prompted a defiant response from Tehran, but its officials have since signalled willingness to engage with others ahead of the return of US president-elect Donald Trump, whose last administration pursued a policy of "maximum pressure" against Iran.

- Current doctrine 'insufficient' -

Iran insists on its right to nuclear energy for peaceful purposes, but according to the IAEA, it is the only non-nuclear-weapon state enriching uranium to 60 percent.

In an interview with The Guardian newspaper, published on the eve of Iran's talks with Britain, France and Germany, Iranian Foreign Minister Abbas Araghchi warned that frustration in Tehran over unmet commitments, such as lifting sanctions, was fuelling debate over whether the country should alter its nuclear policy.

"We have no intention to go further than 60 percent for the time being, and this is our determination right now," he told the British daily.

But, he added, "there is this debate going on in Iran, and mostly among the elites... whether we should change our nuclear doctrine" as so far it has proven to be "insufficient in practice".

A 2015 nuclear deal between Tehran and major powers aimed to give Iran relief from crippling Western sanctions in exchange for limiting its nuclear program to prevent it from developing a weapons capability.

Tehran has consistently denied any such ambition. Supreme leader Ayatollah Ali Khamenei, who has the final authority in Iran's decision-making, has issued a religious decree, or fatwa, prohibiting atomic weapons.

Tehran's willingness to sit down with the three European governments so soon after the censure comes just weeks before Trump is set to return to the White House.

During his first term, Trump focused on reimposing heavy sanctions on Iran following his administration's unilateral withdrawal from the 2015 deal three years after it was agreed.

In retaliation for the US withdrawal, Tehran reduced its compliance with the deal, raising its uranium enrichment levels to 60 percent -- closer to the 90 percent required for a nuclear bomb.

- 'Frank exchange' -

Under the 2015 accord -- which will expire in October 2025 -- Iran's enrichment was capped at 3.67 percent.

Iranian diplomat Majid Takht-Ravanchi, who serves as the political deputy to Araghchi, is scheduled to represent Iran in Friday's talks.

On Thursday he and deputy foreign minister for legal and international affairs Kazem Gharibabadi met with Enrique Mora, deputy secretary general of the European Union's foreign affairs arm.

Mora said on X that they held a "frank exchange... on Iran's military support to Russia that has to stop, the nuclear issue that needs a diplomatic solution, regional tensions (important to avoid further escalation from all sides) and human rights".

Last week, the 35-nation board of governors of the IAEA adopted a resolution proposed by Britain, France, Germany and the United States condemning Iran for its lack of cooperation on nuclear issues.

Iran described the move as "politically motivated" and in response announced the launch of "new advanced centrifuges" designed to increase its stockpile of enriched uranium.

For Tehran, the goal of the talks on Friday is to avoid a "double disaster" scenario, in which it would face renewed pressures from both Trump and European governments, according to political analyst Mostafa Shirmohammadi.

He noted that Iran's support among European governments had been eroded by allegations it offered military assistance for Russia's invasion of Ukraine.

Iran has denied these accusations and hopes to mend relations with Europe, while also maintaining a firm stance.