“The decision regarding Kavala has shamed Turkey” |

Ankara is accused of violating Article 46 of the Convention

Turkey Europe The decision of the Court of Human Rights (ECtHR) to immediately release the “prisoner of conscience” Osman Kavala execution by not doing Europe Violated Article 46 of the Convention, which mandates the enforcement of ECtHR decisions.

Official Ankara did not comply with its obligations.

The ECtHR issued its decision in 2019. Implementation has been delayed for 3 years.

Europe In the decision announced by the Grand Chamber of the Court on July 11 under Article 46.4 of the Convention, it is said.

The decision on Kavalaya in the decision execution 7,500 euros compensation is planned for failure to do so.

Only the Turkish judge of the ECHR partially opposed the decision, the other 16 judge supported.

Julia Hall, Deputy Research Director of Amnesty International’s European office, says that this decision Turkey shamed the government.

According to him, Ankara has been following the decision of the European Court of Human Rights for nearly three years execution refuses to:

“This decision once again revealed the government’s failure to comply with its legal obligations. Turkey’s continued inaction has added to the severe suffering of Osman Kavala and his family. Kavala’s case is a symbol of the pressure on civil society and the backlog of human rights protection that affects everyone in Turkey. Turkey Osman Kavalan free if he stubbornly refuses to do so, he will worsen his position as one of the founding members of the Council of Europe. The Council of Europe, its member states, and the European Union have called Turkey Osman Kavala and many others detained in similar conditions, finally, free should call to do”.

In 2019, the European Court of Human Rights found that Osman Kavala’s right to liberty was violated and supported by the government’s intention to silence him.

The decision is his immediately free demanded to be done.

Instead of carrying out the sentence, the Turkish authorities subjected Kavala to accusations and additional trials without any evidence.

In February 2022, the Committee of Ministers of the Council of Europe, which supervises the implementation of ECtHR decisions, initiated proceedings against Turkey for non-implementation of the court’s decision based on Article 46, Clause 4 of the European Convention.

In June, Amnesty International Osman Kavala and six defendants 25 April In 2022, he was unfairly tried in Gezi court imprisonment after being declared a “prisoner of conscience”.

The ECtHR ruled in 2019 that the arrest and imprisonment of well-known human rights defender Osman Kavala, who was detained and deprived of his liberty in the context of the Gezi events, was to silence and discredit him and discredit other human rights defenders.

Court demanded his immediate release.

Lawyer Khalid Agaliyev writes that the decision of the Grand Chamber is not related to the reconsideration of the case, but contributes to the implementation of the said decision of the ECHR:

“Immediately after the announcement of the decision, the leaders of the Council of Europe appealed to the Turkish government and called for the immediate release of Osman Kavala. The decision of the ECHR was issued on the request of the Committee of Ministers of the Council of Europe. The decision will be sent to AŞ NK. In the light of that decision, NK will discuss whether Turkey has complied with its obligations to the Council of Europe. If Kavala is not released, what measures will be taken against Turkey will be the main topic of discussion.”

According to the lawyer, the European Convention does not announce the type of such measures, leaving it to the Committee of Ministers.

Taking the right to vote in the CoE, removal from CoE membership may be among the measures to be applied:

“The fact is that AES NK has not faced such situations until now. Only Ilgar Mammadov a similar situation arose in his case. However Azerbaijan “The procedure is over because the ECHR released the politician whose release was requested.”

Khalid Agaliyev believes that the Council of the NK will discuss the issue in 2-3 months. It seems more reasonable that Osman Kavala will be released by that time:

“Otherwise, there will be an experience of the consequences of not implementing ECtHR decisions.”