Europe rights watchdog moves against Turkey over jailed philanthropist (updated)
03/12/2021 08:59
* Kavala jailed 4 years ago, accused of seeking to oust
government
* Case has added to tensions between Turkey and Western
allies
* Turkey says watchdog meddling in work of independent
courts
(Adds Demirtas ruling, details)
By Daren Butler
ISTANBUL, Dec 3 (Reuters) - A European human rights watchdog
told Turkey on Friday it was preparing "infringement
proceedings" over its failure to release imprisoned
philanthropist Osman Kavala, a move that could lead to Ankara's
suspension from the body.
The Council of Europe's warning, issued in line with a 2019
ruling from the European Court of Human Rights (ECHR), prompted
Turkey to accuse the Strasbourg-based body of meddling in the
workings of its independent courts.
Last week a Turkish court ruled to keep Kavala in prison,
extending his four-year detention without conviction in a trial
which has added to strains in Ankara's troubled relations with
its Western allies. urn:newsml:reuters.com:*:nL1N2SH0D4
"By failing to ensure the applicant's immediate release, the
Committee (of Ministers) considers that Turkey is refusing to
abide by the Court's (ECHR's) final judgment in this case," the
Council of Europe statement said.
The Council asked Ankara to submit its view on the case by
Jan 19, 2022 and the issue will be referred to the ECHR at its
subsequent meeting on Feb. 2, it said.
RULING
The ECHR ruled in 2019 that Kavala's detention was political
and called for his immediate release over a lack of reasonable
suspicion that he committed an offence and ruling his detention
served to silence him. Turkey has not complied with the ruling.
The Council's Committee of Ministers, which oversees
implementation of ECHR decisions, has repeatedly called on
Turkey to release Kavala in line with the ruling. urn:newsml:reuters.com:*:nL1N2QJ15O
Turkey's foreign ministry criticised the Committee's move.
"(We) invite the CoE to refrain from continuing with this
decision that will have the quality of interfering with the
independent judiciary," it said.
Kavala's trial has been criticised as politically motivated
and symbolic of a crackdown on dissent under President Tayyip
Erdogan. The government rejects this and says Turkey's courts
are independent. urn:newsml:reuters.com:*:nL3N2L335L
Last month Erdogan threatened to expel the ambassadors of 10
countries, including the United States, Germany and France,
after they echoed the ECHR ruling that Kavala should be freed.
Kavala was acquitted last year of charges related to
nationwide protests in 2013, but the ruling was overturned this
year and combined with charges in another case related to a coup
attempt in 2016. He has denied any wrongdoing. urn:newsml:reuters.com:*:nL8N2JX49I
If the court finds a violation, the Committee of Ministers
can begin considering which measures should be taken. Turkey's
membership or voting rights at the CoE could be suspended at the
end of the proceedings.
The CoE also urged Turkey to ensure the immediate release of
Kurdish politician Selahattin Demirtas, ex-leader of Turkey's
third largest parliamentary party, who has been jailed pending
trial since November 2016 on terrorism-related charges.
The Council of Europe, established after World War Two, has
limited powers. Its Committee of Ministers is composed of the
foreign ministers of the organisation's 47 member states.
(Additional reporting by Ece Toksabay and Tuvan Gumrukcu in
Ankara; Editing by Jonathan Spicer and Gareth Jones)
((ece.toksabay@tr.com; +90 312 2927022; Reuters Messaging:
ece.toksabay.reuters.com@reuters.net))