The European Court of Human Rights (ECHR) ruled July 11 that Turkey violated a prior judgement in the case Kavala v. Turkey by keeping activist and philanthropist Osman Kavala in detention. Kavala was arrested in 2017, ostensibly for involvement in the Gezi Park protests in 2013 and an attempted coup d’etat in 2016. Kavala brought a complaint to the ECHR for wrongful detainment and won his case, with the court finding that there was insufficient evidence to prove any criminal intent to “overthrow the government.” Turkey was ordered to release Kavala and pay damages. However, upon his release, Kavala was immediately detained again, this time on the charge of “espionage.” Kavala was then sentenced to life in prison, and the ECHR opened infringement proceedings to determine whether this new sentence defied their original judgement.
The court examined whether the facts used to convict Kavala of espionage were substantially similar to those used in the original case, thereby violating the ECHR’s prior ruling. In the new opinion, the court found that the facts were in fact substantially similar, stating:
As during Mr Kavala’s initial detention, the investigating authorities had once again referred to numerous acts which were carried out entirely lawfully to justify his continued pre-trial detention, notwithstanding the constitutional guarantees against arbitrary detention.
The court again ordered Kavala’s release and imposed a penalty of 7,500 euros, to be paid to Kavala along with the originally assessed damages. It remains to be seen if Turkey will comply with the ruling.
From Jurist, July 11. Used with permission.
See our last posts on Osman Kavala, the Gezi protests, and the political crackdown in Turkey.
Image: #OccupyGezi
Turkey: Gezi Park defendants acquitted —at last
Turkey exonerated three individuals convicted in relation to the Gezi Park demonstrations Feb. 11, signifying what Amnesty International refers to as the conclusion of a “chronicle of injustice.” This new ruling, issued in a retrial, overturns previous harsh penalties connected to the 2013 demonstrations. A Turkish appeals court had affirmed the majority of the protest-related convictions in September 2023.
Allegations of trying to topple the government were central to the contentious ongoing imprisonment of Osman Kavala, who was given a life sentence without the possibility of parole. Global organizations such as the European Court of Human Rights have consistently demanded his release. Amnesty International and various other human rights groups share this view. (Jurist)