The European Court of Human Rights issued a binding order on Tuesday for Turkey to release Osman Kavala, a 68-year-old activist and philanthropist detained since October 2017. Kavala was sentenced to life imprisonment in April 2022 on charges stemming from nationwide protests in 2013 and involvement in a failed military coup attempt in 2016. The court determined that his continued incarceration violated his rights to a fair trial, freedom of expression, and freedom of association.
The ECHR found that measures against Kavala were motivated by an ulterior purpose to punish him for his participation in demonstrations at Istanbul’s Gezi Park and for his work as a human rights defender. The court characterized his aggravated life sentence as constituting inhuman and degrading treatment. The ruling also declared Kavala’s 2022 conviction null and void.
The case has exposed what the court described as a systemic problem in Turkey involving the detention and prosecution of political opponents, human rights defenders, and journalists. The court cited structural shortcomings affecting judicial independence and impartiality. Rights groups including Amnesty International have long contended that the charges against Kavala are politically motivated and designed to silence critics of President Recep Tayyip Erdogan’s government. The Turkish government maintains that its courts operate independently.
This represents the third binding ECHR ruling in Kavala’s favor. A previous court order in 2019 demanding his release was not implemented by Turkish authorities. Kavala was initially acquitted of Gezi Park charges in February 2020 but was rearrested hours later on coup-related charges, and that acquittal was subsequently overturned. It remains uncertain whether Turkey will comply with the latest ruling. A Committee of Ministers meeting scheduled for mid-September is expected to address the case, though it is unclear whether stricter enforcement measures will be considered.
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