11 Aralık 2019 Çarşamba

European Court calls on Turkey to release activist Kavala

The European Court of Human Rights (ECtHR) on Tuesday called for the immediate release of human rights activist Osman Kavala saying that his detention violated the right to liberty and the right to a speedy judicial review of detention.

The 62-year-old philanthropist, who was arrested on October 18, 2017, is accused of attempting to topple Turkey’s government via the nation-wide anti-government Gezi Park protests staged in 2013.

The prominent businessman is the only suspect in the case still behind bars, with 15 other leading civil society figures having been released. If convicted, the defendants will face life sentences in jail.

The ECtHR said Kavala’s detention has been prolonged in violation of the European Convention on Human Rights (ECHR) in order to silence the dissent against Turkish President Recep Tayyip Erdogan.

“The Court found that the authorities were unable to demonstrate that the applicant’s initial and continued pre-trial detention had been justified by reasonable suspicions based on an objective assessment of the acts attributed to him,” the ECtHR said in its ruling.

Human Rights Watch and Amnesty International welcomed the ECtHR decision in a joint statement on Tuesday.

“The Turkish authorities should carry out the European Court ruling and release Osman Kavala immediately,” the NGOs said.

The ruling came amid criticism by the human rights activists for the Strasbourg-based court’s failure to confront an unfolding crisis in Turkey in the wake of the July 2016 coup attempt.

During the three-year crackdown since the failed coup, more than 77,000 people have been jailed pending trial and about 150,000 public servants have summarily been sacked or suspended from their jobs.

In a quest to obtain a legal remedy regarding the crackdown in Turkey, around 36,000 cases were submitted to Strasbourg-based ECtHR.

However, the court dismissed the cases and said the applicants had not exhausted domestic legal avenues in the country, referring them to the controversial State of Emergency (OHAL) Commission, an administrative unit set up by the ruling Justice and Development Party (AKP).

Critics say the commission is nothing than an effort of the Justice and Development Party (AKP) government to slow down the appeal processes and prevent the cases from being transferred to the international courts. They argue the commission is solely aimed at reducing the number of cases to the ECtHR.

Tuesday’s ruling of the ECtHR was celebrated even by the court’s harshest critics. Kerem Altiparmak, an academic and human rights advocate, called the ruling the “strongest” and the “most important” decision made by the ECtHR regarding the post-2016 crackdown.

The activist, however, added that it was too early to say whether the European court was shifting permanently to a more robust stance.

The ECtHR rulings are legally binding on Turkey as it is a signatory to the ECHR that the court was set up to enforce. However, the country has frequently not implemented the court’s decisions. Therefore, it is still not clear whether Turkey would abide by the latest decision and release Kavala.

There was no comment from the Turkish authorities on the ECtHR ruling.

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The post European Court calls on Turkey to release activist Kavala appeared first on IPA NEWS.



from IPA NEWS https://ipa.news/2019/12/11/european-court-calls-on-turkey-to-release-activist-kavala/

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