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.



Blue-Collar Pennsylvania Voters Could Be ‘Deciding Factor’ in US Election

 Judge of Elections for Westmont Borough No. 1 polling place Jovel Segear oversees technical difficulties with the ballot acceptance process on Election Day at the Westmont Grove in Johnstown, Pa., Cambria County, on Tuesday, Nov. 5, 2024. (Thomas Slusser/The Tribune-Democrat via AP)
Judge of Elections for Westmont Borough No. 1 polling place Jovel Segear oversees technical difficulties with the ballot acceptance process on Election Day at the Westmont Grove in Johnstown, Pa., Cambria County, on Tuesday, Nov. 5, 2024. (Thomas Slusser/The Tribune-Democrat via AP)
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Blue-Collar Pennsylvania Voters Could Be ‘Deciding Factor’ in US Election

 Judge of Elections for Westmont Borough No. 1 polling place Jovel Segear oversees technical difficulties with the ballot acceptance process on Election Day at the Westmont Grove in Johnstown, Pa., Cambria County, on Tuesday, Nov. 5, 2024. (Thomas Slusser/The Tribune-Democrat via AP)
Judge of Elections for Westmont Borough No. 1 polling place Jovel Segear oversees technical difficulties with the ballot acceptance process on Election Day at the Westmont Grove in Johnstown, Pa., Cambria County, on Tuesday, Nov. 5, 2024. (Thomas Slusser/The Tribune-Democrat via AP)

Protecting and creating new jobs were among the most pressing issues for voters lining up to cast their ballots Tuesday in Erie, a competitive blue-collar Pennsylvania county with a formidable reputation for picking US election winners.

Mason Ken Thompson, 66, voted at Edison Elementary School in Erie, the main city in the Pennsylvania county of the same name whose 270,000 people -- voting in a tightly-contested swing state -- will have an outsized role in whether Kamala Harris or Donald Trump wins the White House.

"Manufacturing jobs have gone away from Erie. It's a big problem, and Trump hasn't helped that situation at all," said Thompson, who wore a camouflage baseball cap adorned with the US flag.

"I believe that Kamala is going to help the young people with housing," he added as a DJ played a roster of all-American hits while voters streamed into the school-turned-polling station.

Nearby, the Country Fair gas station handed free donuts to voters.

Erie is one of a handful of counties to have boomeranged between Democrat and Republican, voting for former president Barack Obama twice, then narrowly for Trump, before scraping out a Democratic win for President Joe Biden in 2020.

The path to victory for both former president Trump and Vice President Harris likely runs through Pennsylvania, and largely white- and working-class Erie in the state's northwestern corner encapsulates many of its top issues.

Pennsylvania has 19 electoral college votes, more than any of the other swing states which could go for either Harris or Trump, with polls showing them locked in a dead heat.

"I don't know how we became so important around here... we are like a deciding factor," said Marchelle Beason, 46, who also cast her vote at Edison Elementary.

Proudly sporting her "I voted" sticker, she said "way, way more people" were casting their ballot than in 2020.

- 'America comes first' -

As with many swing counties in the Keystone State, Erie was once a thriving industrial hub that has been hit by outsourcing and automation.

It is now increasingly reliant on the service sector, but is still home to many blue collar jobs.

"A lot of the young people are moving out and something to keep them in Erie is what we really need," voter Chris Quest, 69, told AFP on Monday after casting her early ballot.

Darlene Taylor, 56, said she wanted to "close the border" to protect US jobs.

"We don't need another four more years of high inflation, gas prices, (and) lying," said Taylor, who wore a homemade Trump T-shirt after also casting her vote at Edison Elementary.

"America comes first, and Harris is not going to support that."

In 2019, General Electric's rail vehicle building operations shut up shop in Erie, leaving a void in the city where generations of workers had punched in and out for the sprawling US "toasters to TV shows" conglomerate.

Wabtec, formed from the storied Westinghouse corporation, stepped in to continue making trains in the city -- but with far fewer employees than GE.

Pennsylvania Senator Bob Casey recently announced $48 million for the Wabtec factory to develop hydrogen batteries for rail.

The timing was no accident.

Casey is locked in a bitter contest for reelection with Republican Dave McCormick, a race which could decide which party has control of the US Senate.

Wabtec worker Henry Miller said he wanted politicians who would "start helping people in our own city."

"I like Donald Trump to a point, but then again, he wouldn't even leave when they try to put him out," he added before climbing into his black pick-up truck, referring to Trump's refusal to accept his 2020 election loss.

Some voters have complained that postal ballots have not arrived, with election officials saying they will have to vote in person, blaming a supplier issue.

David Radcliff, 72, said the fiasco had not dented his confidence in the election's integrity.

"But I will never do mail-in ballots again," he said.