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.



Iranian-German Sharmahd Died before His Execution, Iran Judiciary Says

In this file photo taken on July 31, 2023 a demonstrator holds a picture of Iranian-German Jamshid Sharmahd, who has been sentenced to death in Iran, during a demonstration for his release in front of the German Foreign Ministry in Berlin. (AFP)
In this file photo taken on July 31, 2023 a demonstrator holds a picture of Iranian-German Jamshid Sharmahd, who has been sentenced to death in Iran, during a demonstration for his release in front of the German Foreign Ministry in Berlin. (AFP)
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Iranian-German Sharmahd Died before His Execution, Iran Judiciary Says

In this file photo taken on July 31, 2023 a demonstrator holds a picture of Iranian-German Jamshid Sharmahd, who has been sentenced to death in Iran, during a demonstration for his release in front of the German Foreign Ministry in Berlin. (AFP)
In this file photo taken on July 31, 2023 a demonstrator holds a picture of Iranian-German Jamshid Sharmahd, who has been sentenced to death in Iran, during a demonstration for his release in front of the German Foreign Ministry in Berlin. (AFP)

Iranian-German national Jamshid Sharmahd died before his execution, which was announced by Tehran late last month, Iran's judiciary said on Tuesday, according to state media.

State media initially reported the execution of Sharmahd on Oct. 28, following his sentencing to death by Iran's judiciary in 2023 for carrying out "terrorist attacks".

"Jamshid Sharmahd died before the execution of his death sentence," judiciary spokesperson Asghar Jahangir said, without providing additional information.

His daughter Gazelle Sharmahd, on X, had demanded proof of his execution and called for the immediate return of her father.

Sharmahd's death exacerbated a diplomatic rift between Tehran and Berlin, with the German authorities closing Iranian consulates across Germany.

Iranian authorities said Sharmahd had headed a pro-monarchist group accused of a deadly 2008 bombing and planning other attacks in the country.

German Foreign Minister Annalena Baerbock accused Iran of playing politics with hostages and of trying to use Germany's support for Israel in the widening Middle East conflict to justify Sharmahd's killing.