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Breaking News... ECHR 'Osman Kavala' decision: Defense requested from Turkey!

The European Court of Human Rights (ECHR) has decided to prioritize the second application filed by Gezi prisoner Osman Kavala. Additionally, a defense has been requested from Turkey.

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The European Court of Human Rights (ECHR) has decided to prioritize the second application filed by businessman Osman Kavala, who is being tried in the Gezi Park case and has been sentenced to aggravated life imprisonment.

The ECHR also announced that it has prioritized the second application and disclosed the questions it has asked the Turkish Government to answer for the examination of the application.

The ECHR announced that it forwarded this application, filed on January 18, 2024, to the Government on March 21, 2024, and requested that the Government submit its defense to the Court by July 16, 2024.

"TURKEY IS OBLIGATED TO COMPLY"

The following statement was made by Professor Başak Çalı, Professor Philip Leach, and Kavala's lawyers:

"The ECHR's decision dated December 10, 2019, determined that Osman Kavala's detention was arbitrary and based on political motives, and therefore ruled that Osman Kavala should be released immediately. Due to the failure to release Osman Kavala in accordance with this decision, the Committee of Ministers of the Council of Europe initiated an 'infringement procedure' against Turkey. In its 'infringement procedure' decision dated July 11, 2022, the ECHR Grand Chamber ruled that 'the finding of a violation of Article 5 in conjunction with Article 18 of the ECHR in the [December 10, 2019] Kavala judgment would render any proceedings based on criminal charges related to the Gezi Park events and the coup attempt invalid' (Grand Chamber's 'infringement procedure' decision dated July 11, 2022, para. 172). However, Turkish courts ignored the fact that both of these decisions are legally binding, and in 2022, Osman Kavala was convicted of attempting to overthrow the government and sentenced to aggravated life imprisonment. The Committee of Ministers of the Council of Europe continues to supervise the execution of the 2019 and 2022 decisions, which require the immediate release of Osman Kavala. Turkey is obligated to comply with these legally binding decisions. The new application made to the Court has no impact on the Committee of Ministers' supervision process or Turkey's ongoing legal obligations arising from the ECHR's decision. The new application addresses ongoing rights violations that have continued since the ECHR's 2019 infringement decision."