Failure to release Osman Kavala must prompt infringement proceedings

Following a Turkish court’s refusal to free famed human rights activist Osman Kavala, Amnesty International has called on Council of Europe heads of state to initiate infringement procedures against Turkey when they convene in Strasbourg on Tuesday.

Following Turkey’s failure to comply with a crucial binding judgment of the European Court of Human Rights in 2019, the group called on heads of state to adopt this rarely used mechanism in an open letter issued this afternoon.

“Turkey’s arguments for refusing to release Osman Kavala have run out of steam,” said Nils Muinieks, Europe Director of Amnesty International.

“Turkey’s refusal to implement the binding judgment of the Europe Court is an unconscionable violation of Osman Kavala’s right to liberty and represents a serious threat to the integrity of the European human rights system.

Osman Kavala has been arbitrarily detained in Istanbul’s high-security Silivri prison as a consequence of barely disguised political persecution, for more than four years.

Today’s hearing was part of the new Kafkaesque trial in which Osman Kavala’s case has been joined to the cases of 51 others, including football supporters, who face serious criminal charges of “attempting to overthrow the constitutional order”, “attempting to overthrow the government” and “military and political espionage”.

“This trial is yet another brazen episode in the relentless political persecution for which the European Court has condemned Turkey. When a state shows such disregard for it’s obligations under the European Convention on Human Rights, the Council of Europe Committee of Ministers must take action and initiate infringement proceedings,” said Nils Muižnieks.

“The Council of Europe and its member states must do their utmost to ensure that Osman Kavala is released.”

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