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.



Trudeau in Florida to Meet Trump as Tariff Threats Loom

Canada's Prime Minister Justin Trudeau speaks during Question Period in the House of Commons on Parliament Hill in Ottawa, Ontario, Canada October 2, 2024. REUTERS/Blair Gable
Canada's Prime Minister Justin Trudeau speaks during Question Period in the House of Commons on Parliament Hill in Ottawa, Ontario, Canada October 2, 2024. REUTERS/Blair Gable
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Trudeau in Florida to Meet Trump as Tariff Threats Loom

Canada's Prime Minister Justin Trudeau speaks during Question Period in the House of Commons on Parliament Hill in Ottawa, Ontario, Canada October 2, 2024. REUTERS/Blair Gable
Canada's Prime Minister Justin Trudeau speaks during Question Period in the House of Commons on Parliament Hill in Ottawa, Ontario, Canada October 2, 2024. REUTERS/Blair Gable

Canadian Prime Minister Justin Trudeau traveled to Florida on Friday for a dinner with Donald Trump at the president-elect's Mar-a-Lago estate, as the incoming US leader promised tariffs on Canadian imports.
The unannounced meeting came at the end of a week that has seen Canada as well as Mexico scramble to blunt the impact of Trump's trade threats, which experts have warned could also hit US consumers hard, AFP said.
A smiling Trudeau was seen exiting a hotel in West Palm Beach before arriving at Mar-a-Lago, making him the latest high-profile guest of Trump, whose impending second term -- which starts in January -- is already overshadowing the last few months of President Joe Biden's administration.
Flight trackers had first spotted a jet broadcasting the prime minister's callsign making its way to the southern US state. A Canadian government source later told AFP that the two leaders were dining together.
Trump caused panic among some of the biggest US trading partners on Monday when he said he would impose tariffs of 25 percent on Mexican and Canadian imports and 10 percent on goods from China.
He accused the countries of not doing enough to halt the "invasion" of the United States by drugs, "in particular fentanyl," and undocumented migrants.
Mexican President Claudia Sheinbaum spoke with Trump by phone on Wednesday, though the two leaders' accounts of the conversation differed drastically.
Trump claimed that Mexico's left-wing president had "agreed to stop migration through Mexico, and into the United States, effectively closing our Southern Border."
Sheinbaum later said she had discussed US-supported anti-migration policies that have long been in place in Mexico.
She said that after that, the talks had no longer revolved around the threat of tariff hikes, downplaying the risk of a trade war.
Billions in trade
Biden warned that same day that Trump's tariff threats could "screw up" Washington's relationships with Ottawa and Mexico City.
"I think it's a counterproductive thing to do," Biden told reporters.
Trudeau did not respond to questions from the media as he returned to his hotel Friday evening after meeting with Trump.
But for Canada, the stakes of any new tariffs are high.
More than three-quarters of Canadian exports, or Can$592.7 billion ($423 billion), went to the United States last year, and nearly two million Canadian jobs are dependent on trade.
A Canadian government source told AFP that Canada is considering possible retaliatory tariffs against the United States.
Some have suggested Trump's tariff threat may be bluster, or an opening salvo in future trade negotiations. But Trudeau rejected those views when he spoke with reporters earlier in Prince Edward Island province.

"Donald Trump, when he makes statements like that, he plans on carrying them out," Trudeau said. "There's no question about it."
According to the website Flightradar, the Canadian leader's plane landed at Palm Beach International Airport late Friday afternoon.
Canadian public broadcaster CBC said that Trudeau's public safety minister, Dominic LeBlanc, was accompanying him on the trip.