Osman Kavala case: Human rights court condemns Türkiye

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Osman Kavala case: Human rights court condemns Türkiye

A good seven years ago, the court in Strasbourg called for the release of the Turkish cultural promoter Kavala. The court is now finding further human rights violations.

The European Court of Human Rights (ECHR) has Türkiye convicted of the criminal trial and imprisonment of the Turkish intellectual Osman Kavala. The Strasbourg judges came to the conclusion that the country wanted to silence Kavala and called for the activist’s immediate release because of the serious human rights violations.

Accordingly, his conviction should be considered invalid. Among other things, Kavala’s right to a fair trial was violated and there are reasonable doubts about the independence of the Turkish courts in the case.

Kavala has been in the high-security Silivri prison since 2017 and was sentenced to life imprisonment in April 2022 for attempted coup in connection with the anti-government Gezi protests in 2013. The verdict provoked sharp international criticism.

The judges found that the human rights activist had merely exercised his right to freedom of expression and peaceful assembly. It is precisely these rights that were not respected through an arbitrary interpretation of a Turkish law and the resulting condemnation.

According to the ECHR, Turkey is also violating the prohibition of inhumane treatment because Kavala has no real prospect of release or a legal review of his life sentence.

In a ruling from December 2019, the Strasbourg Court had already found human rights violations and called for Kavala’s immediate release from custody. Ankara didn’t comply. In his new complaint, the cultural supporter refers to the time after the first judgment in 2019 and defends himself against the detention, the criminal proceedings initiated against him and his conviction.

ECHR rulings are actually binding for Turkey as a member of the Council of Europe. After judges in Istanbul had decided that Kavala had to remain in custody, the Council of Europe had initiated infringement proceedings against Turkey. The Strasbourg organization with 46 member states monitors compliance with human rights and is not an EU institution. Turkey has been a member of the Council of Europe since 1950.

In another ruling from 2022, the ECHR sentenced Turkey to a fine for disregarding the 2019 decision. Turkey therefore had to pay 7,500 euros to Kavala. According to his own statements, the imprisoned activist refused Türkiye’s payment in protest.

Kavala founded the cultural institute Anadolu Kültür, which also works with several German institutions such as the Goethe Institute in Istanbul. In 2023, the activist was awarded the Council of Europe’s prestigious Vaclav Havel Prize, which honors commitment to human rights.