Council of Europe launches infringement proceedings against Turkiye in Kavala case

Turkiye criticizes CoE for adopting 'biased' stance in Turkish businessman case

By Dilara Hamit

ANKARA (AA) - The Committee of Ministers of the Council of Europe (CoE) launched infringement proceedings against Turkiye because of its refusal to implement a 2019 European Court of Human Rights (ECHR) judgment and release Turkish businessman Osman Kavala.

"The launch of infringement proceedings is a tool rarely used by the CoE Committee of Ministers and clearly indicates the serious concerns related with the case of Mr Kavala, who has been kept in prison for years without a conviction," said a statement by a CoE spokesperson on Thursday.

The statement said it was regrettable that Turkish authorities have refused to execute the respective ECHR’s ruling.

"Such attitude sets a worrying precedent and further increases the EU’s concerns regarding Turkish judiciary's adherence to international and European standards. It also runs counter to Turkey’s own obligations as a member of the Council of Europe and EU candidate country," it said.

It said the EU will continue to closely follow the case, and look forward to the Court’s ruling on the matter.

Turkiye responded by criticizing the CoE for adopting a "biased" stance, saying it interfered in the ongoing independent judicial process.

"It is evident that this prejudiced and politically motivated decision, which disregards the domestic proceedings, damages the credibility of the European human rights system," the Turkish Foreign Ministry said.

"In order to ensure effectiveness of the Council of Europe’s human rights system, the Committee of Ministers should set aside its biased and selective approach."

Kavala faced charges regarding the 2013 Gezi Park protests – a small number of demonstrations in Istanbul that later transformed into nationwide riots, which left eight protesters and one police officer dead.

He was acquitted of all charges in February 2020, but an appeals court overturned that acquittal last January.

He was also accused of involvement in the 2016 defeated coup in Turkiye orchestrated by the Fetullah Terrorist Organization, and was remanded into custody on spying charges in March 2020.

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