Europe Court to issue infringement proceedings against Turkey for failure to release philanthropist
pixel2013 / Pixabay
Europe Court to issue infringement proceedings against Turkey for failure to release philanthropist

The Council of Europe Friday warned Turkey they would begin taking “infringement proceedings” following the country’s failure to release a philanthropist who has been imprisoned for two years.

The European Human Rights Watchdog referred to the 2019 decision. Previously they prompted Tuejry to release Osman Kavala from prison due to a lack of evidence of the offense committed and that the imprisonment was a silencing tactic rather than justice. The decision to extend the detention period by four years without trial has also been flagged by the European Court as an infringement by Turkey.

After Turkey failed to act, the European Court of Human Rights has accused them of ignoring the Strassbourg judgment repeatedly, and more recently, in the decision by the Turkish court last week to keep Kavala in prison, which was a violation of Article 46 of the European Convention of Human Rights. The risk of maintaining the philanthropist in detention has also been noted, which may lead to the countries capital, Ankara, being suspended from the body.

In response, Turkey’s foreign minister has stated that the ECHR is “interfering with the independent judiciary.” The ECHR has said that the opportunity for Turkey to take “measures” to release Kavala was final in May 2020, at which point the Committee of Ministers had powers to intervene to follow through with the 2019 decision, subject to Article 46.6 of the European Convention on Human Rights.