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.



Erdogan Ally Floats Türkiye Constitutional Amendment to Let Him Extend His Tenure

Türkiye’s President and leader of Justice and Development (AK) Party Recep Tayyip Erdogan attends an election campaign rally in Istanbul on March 24, 2024, ahead of the March 31 municipal elections. (AFP)
Türkiye’s President and leader of Justice and Development (AK) Party Recep Tayyip Erdogan attends an election campaign rally in Istanbul on March 24, 2024, ahead of the March 31 municipal elections. (AFP)
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Erdogan Ally Floats Türkiye Constitutional Amendment to Let Him Extend His Tenure

Türkiye’s President and leader of Justice and Development (AK) Party Recep Tayyip Erdogan attends an election campaign rally in Istanbul on March 24, 2024, ahead of the March 31 municipal elections. (AFP)
Türkiye’s President and leader of Justice and Development (AK) Party Recep Tayyip Erdogan attends an election campaign rally in Istanbul on March 24, 2024, ahead of the March 31 municipal elections. (AFP)

The main political ally of longstanding Turkish leader Recep Tayyip Erdogan said on Tuesday that a constitutional amendment should be considered to allow the president to run again in elections set for 2028.

After his re-election last year, Erdogan is serving his last term as president unless parliament calls an early election, according to the constitution. He has ruled Türkiye for more than 21 years, first as prime minister and then as president.

"Wouldn't it be a natural and right choice to have our president elected once again if terror is eradicated, and if a heavy blow is dealt to inflation and Türkiye secures political and economic stability," said Devlet Bahceli, leader of the Nationalist Movement Party (MHP), which is allied with Erdogan's ruling AK Party (AKP).

A constitutional amendment to secure Erdogan's ability to re-run in the presidential elections should be considered, he said in a parliamentary speech to MHP lawmakers.

Bahceli, a staunch nationalist, rattled Turkish politics last month by suggesting that the jailed leader of the outlawed Kurdistan Workers' Party (PKK) could be allowed to speak in parliament if he announces an end to the group's insurgency.

Some analysts said the shock suggestion might be motivated by an AKP-MHP desire to win the support of the pro-Kurdish DEM Party, parliament's third-biggest, for a constitutional change that could boost Erdogan's prospects in 2028 elections.

A constitutional change can be put to a referendum if 360 lawmakers in the 600-seat parliament back it. An early election also needs the support of 360 MPs.

AKP and its allies have 321 seats while DEM has 57.