The European Court of Human Rights (ECtHR) decision in the Osman Kavala case failed to meet Turkey's expectations, the Turkish Foreign Ministry said Monday.
"The ECtHR has unfortunately failed to meet our expectations by the decision announced today (July 11, 2022) and once again called into question the credibility of the European human rights system," Tanju Bilgiç, the ministry's spokesperson, said in a statement.
In a statement, the ECtHR on Monday said: "Turkey has failed to fulfill its obligation under Article 46 Section 1 to comply with the judgment delivered on 10 December 2019, which called on the Government to end the applicant's detention and secure his immediate release."
Recalling Turkey's expectation from the ECtHR to assess the matter "on a fair basis and not act as a first-instance court," Bilgiç said: "We expect the Committee of Ministers of the Council of Europe, which will follow the process during the next stage, to set aside its previous biased and selective approach, act with common sense and avoid certain circles' efforts to politicize the matter."
"Our communication with the CoE (Committee of Ministers of the Council of Europe) continued throughout the process. Information has been provided on a regular basis by the Ministry of Justice on the developments in the judicial proceedings with respect to the applicant. Moreover, regarding his detention, the ECtHR and the CoE Committee of Ministers were also notified about the conviction of the applicant as a result of the domestic proceedings," Bilgiç added.
Kavala faced charges over the 2013 Gezi Park protests, a small number of demonstrations in Istanbul, Turkey that later transformed into nationwide riots that left eight protesters and a police officer dead.
Europe’s highest court said Monday that Turkey has failed to comply with its ruling that Kavala be immediately released from jail.
The ECtHR, based in Strasbourg, ruled in 2019 that Turkey violated Kavala’s right to liberty, saying his detention and trials against him were used to silence him and in effect send a chilling message to civil society in Turkey. The judgment to immediately release him became final in May 2020.
The Council of Europe launched infringement procedures against Turkey for refusing to abide by its ruling. Monday’s ruling is the latest step in the lengthy infringement process by the Council of Europe, the continent's foremost human rights organization, and could lead to the suspension of Turkey’s voting rights or membership in the 47-nation organization.
“Turkey urgently needs to make concrete and sustained progress in the respect of fundamental rights,” said a statement from the European Union. “Turkey’s continued refusal to implement these rulings increases the EU’s concerns regarding the Turkish judiciary’s adherence to international and European standards.”
The businessperson was sentenced to life in prison without parole in April after the court found him guilty of attempting to overthrow the government with the mass protests in 2013. Seven others were convicted and jailed for allegedly aiding the attempt. Kavala has maintained his innocence.
That verdict came after another court acquitted Kavala in February 2020. He was expected to be released from prison where he was held since October 2017 in pre-trial detention but was instead re-arrested on other charges. The European court said the new charges did not contain any substantial facts.
Monday’s ruling also ordered Turkey to pay Kavala 7,500 euros ($7,600).
President Recep Tayyip Erdoğan has accused Kavala of being the “Turkish branch” of billionaire U.S. businessperson George Soros, whom the Turkish leader alleges has been behind insurrections in many countries. He has threatened to expel Western envoys for meddling in Turkey’s internal affairs.
Embassies of Ankara's Western allies, including the United States and Germany, echoed the ECtHR call for Kavala's release last year.
Ankara nearly expelled 10 Western countries' envoys, including the U.S. and major European powers, after they made an appeal for Kavala's release last October.
The Foreign Ministry summoned the ambassadors of these countries, accusing them of meddling in the Turkish judiciary, while Erdoğan announced he had instructed Foreign Minister Mevlüt Çavuşoğlu to declare the 10 ambassadors as persona non grata. However, the embassies took a step back, preventing the crisis from escalating further.
The diplomatic spat was resolved after the U.S. and several of the other countries issued statements saying they respected the United Nations convention requiring diplomats to not interfere in the host country's domestic affairs.
Erdoğan has also dismissed the infringement process, saying Turkey would not “recognize those who do not recognize our courts.”
Turkey urged the Council of Europe not to interfere in the country's independent judiciary and to be impartial toward the country in response to the decision regarding the Kavala case.
