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.



WTO Chief Okonjo-Iweala Reinstated for Second Term as Trade Wars Loom

World Trade Organization chief Ngozi Okonjo-Iweala (AFP)
World Trade Organization chief Ngozi Okonjo-Iweala (AFP)
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WTO Chief Okonjo-Iweala Reinstated for Second Term as Trade Wars Loom

World Trade Organization chief Ngozi Okonjo-Iweala (AFP)
World Trade Organization chief Ngozi Okonjo-Iweala (AFP)

World Trade Organization chief Ngozi Okonjo-Iweala was reappointed for a second term at a special meeting on Friday, the trade watchdog said, meaning her tenure will coincide with US President-elect Donald Trump's second administration.
Analysts expect the road ahead for the three-decade-old WTO will be challenging, likely characterised by trade wars with Trump, who returns to the White House on Jan. 20, threatening hefty tariffs on goods from Mexico, Canada and China.
Okonjo-Iweala, a former Nigerian finance minister who made history in 2021 by becoming the WTO's first female and first African director-general, announced in September that she would run again, aiming to complete “unfinished business.”
No other candidates ran against her and all of the WTO's 166 members agreed by consensus to a proposal to reappoint her.
Trade sources said the meeting created a means of fast-tracking her appointment process to avoid any risk of it being blocked by Trump, whose teams and allies have criticised both Okonjo-Iweala and the WTO in the past.
In 2020, his administration gave its support to a rival candidate and sought to block her first term. She secured US backing only when President Joe Biden succeeded Trump in the White House in January 2021.
President Joe Biden on Thursday warned against damaging relations with Canada and Mexico, after Donald Trump threatened to slap tariffs on both US neighbors when he takes office in January.
“I think it's a counterproductive thing to do,” Biden told reporters when asked about his successor's plan.
“The last thing we need to do is begin to screw up those relationships. I think we got them in a good place,” he said during a visit to a fire department in Nantucket, Massachusetts, where he is spending his last Thanksgiving holiday as president.
Trump sent jitters through global markets on Monday when he announced on social media that one of his first presidential actions would be to impose 25-percent tariffs on Mexico and Canada -- which share a free trade pact with the United States -- and add a 10-percent tariff on China.
Pledging that tariffs would only be removed from the US neighbors when illegal immigration and drug trafficking stop, he reaffirmed his intent to use trade as a cudgel against allies and rivals alike.
After expressing opposition to Trump's threats in a letter, Mexican President Claudia Sheinbaum spoke by phone with the Republican president-elect on Wednesday.
Trump claimed that Sheinbaum had agreed to “stop migration through Mexico, and into the United States, effectively closing our Southern Border.”
When asked about the dispute at her daily press conference on Thursday, Sheinbaum said: “I can assure you... that we would never -- we would not be capable -- of proposing that we were going to close the border.”
Biden on Thursday also talked about the importance of maintaining a working relationship with China.
“We've set up a hotline between President Xi and myself, as well as our military, a direct line,” Biden said, adding he was "confident" that his Chinese counterpart “doesn't want to make a mistake.”
“I'm not saying that he is our best buddy, but he understands what's at stake.”