Date set for ECHR ruling on Osman Kavala

The European Court of Human Rights (ECHR) will announce its decision on August 25 regarding the second application filed on January 18, 2024, by businessman Osman Kavala, who is a convict in the Gezi Park trial.

According to a written statement from the ECHR, the decision regarding application number 2170/24 will be announced to the public at a public hearing to be held in Strasbourg. The court had heard the parties during a hearing held on March 25 as part of the case file.

Kavala was arrested on October 18, 2017, as part of the Gezi Park trial and filed his first application to the ECHR on June 8, 2018. In its ruling dated December 10, 2019, the court had ruled that paragraphs 1 and 4 of Article 5 of the European Convention on Human Rights had been violated regarding Kavala's detention.

In the same ruling, the ECHR also stated that Article 18 of the Convention had been violated in conjunction with Article 5; it noted that, in accordance with Article 46, Turkey was required to end Kavala's detention and ensure his immediate release.

Following Kavala's failure to be released, the Committee of Ministers of the Council of Europe referred the case back to the Court in February 2022 under the infringement procedure. In its ruling dated July 11, 2022, the ECHR decided that Turkey had failed to fulfill its obligation to comply with the 2019 Kavala ruling.

The ECHR statement indicated that Kavala's second application focuses on the period following the 2019 ruling. The application alleges violations of Articles 3, 5, 6, 7, 10, 11, and 18 of the Convention regarding his detention and criminal proceedings.

The statement included the following:

"The applicant alleges violations of Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment), Article 5 (right to liberty and security), Article 6 (right to a fair trial), Article 7 (no punishment without law), Article 10 (freedom of expression), Article 11 (freedom of assembly and association), and Article 18 (limitation on use of restrictions on rights)."

News Source: 12punto