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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)
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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.

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Global Interest in Israel's Air-Launched Ballistic Missiles

This handout picture released by the Israeli army on October 26, 2024, shows an Israeli fighter jet departing a hangar at an undisclosed location in Israel. (Photo by AFP)
This handout picture released by the Israeli army on October 26, 2024, shows an Israeli fighter jet departing a hangar at an undisclosed location in Israel. (Photo by AFP)
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Global Interest in Israel's Air-Launched Ballistic Missiles

This handout picture released by the Israeli army on October 26, 2024, shows an Israeli fighter jet departing a hangar at an undisclosed location in Israel. (Photo by AFP)
This handout picture released by the Israeli army on October 26, 2024, shows an Israeli fighter jet departing a hangar at an undisclosed location in Israel. (Photo by AFP)

Israel's effective use of air-launched ballistic missiles in its airstrikes against Iran is expected to pique interest elsewhere in acquiring the weapons, which most major powers have avoided in favor of cruise missiles and glide bombs.
The Israeli Army said its Oct. 26 raid knocked out Iranian missile factories and air defenses in three waves of strikes.
Researchers said that based on satellite imagery, targets included buildings once used in Iran's nuclear program, according to Reuters.
Tehran defends such targets with “a huge variety” of anti-aircraft systems, said Justin Bronk, an airpower and technology expert at London's Royal United Services Institute.
Cruise missiles are easier targets for dense, integrated air defenses than ballistic missiles are.
But ballistic missiles are often fired from known launch points, and most cannot change course in flight.
Experts say high-speed, highly accurate air-launched ballistic missiles such as the Israel Aerospace Industries Rampage get around problems facing ground-based ballistic missiles and air-launched cruise missiles - weapons that use small wings to fly great distances and maintain altitude.
“The main advantage of an ALBM over an ALCM is speed to penetrate defenses,” said Jeffrey Lewis, director of the East Asia Nonproliferation Program at the James Martin Centre for Nonproliferation Studies at the Middlebury Institute of International Studies in California.
“The downside - accuracy - looks to have been largely solved,” he said.
Ground-launched ballistic missiles - which Iran used to attack Israel twice this year, and which both Ukraine and Russia have used since Russia's invasion in 2022 - are common in the arsenals of many countries. So, too, are cruise missiles.
Because ALBMs are carried by aircraft, their launch points are flexible, helping strike planners.
“The advantage is that being air-launched, they can come from any direction, complicating the task of defending against them,” said Uzi Rubin, a senior researcher at the Jerusalem Institute for Strategy and Security, one of the architects of Israel's missile defenses.
The weapons are not invulnerable to air defenses. In Ukraine, Lockheed Martin Patriot PAC-3 missiles have repeatedly intercepted Russia's Khinzhals.
Many countries, including the United States and Britain, experimented with ALBMs during the Cold War. Only Israel, Russia and China are known to field the weapons now.
The US tested a hypersonic ALBM, the Lockheed Martin AGM-183, but it received no funding for the 2025 fiscal year.
Because it has a large arsenal of cruise missiles and other types of long-range strike weapons, Washington has otherwise shown little interest in ALBMs.
A US Air Force official, speaking on condition of anonymity, said ALBMs are not used in Air Force operations.
Raytheon's SM-6, an air-defense missile that has been repurposed for air-to-air and surface-to-surface missions, also has been tested as an air-launched anti-ship weapon, said a senior US defense technical analyst, who declined to be identified because the matter is sensitive.
In tests the missile was able to strike a small target on land representing the center of mass of a destroyer, the analyst said. Publicly, the SM-6 is not meant for air-to-ground strikes.
Because ALBMs are essentially a combination of guidance, warheads and rocket motors, many countries that have precision weapons already have the capability to pursue them, a defense industry executive said on condition of anonymity because of the sensitivity of the matter.
“This is a clever way of taking a common set of technologies and components and turning it into a very interesting new weapon that gives them far more capability, and therefore options, at a reasonable price,” the executive said.