The Kavala v. Türkiye case concerns Osman Kavala, a businessperson and human rights defender, arrested in 2017 for allegedly attempting to overthrow the government during the 2013 Gezi Park protests and the constitutional order after the 2016 coup attempt. In 2019, the European Court of Human Rights (ECtHR) ruled his detention unlawful, finding no reasonable suspicion for the charges and determining that it aimed to silence him, violating Articles 5 and 18 of the European Convention on Human Rights. The Court ordered his immediate release, emphasising that continued detention would further violate his rights.
Despite this ruling, Türkiye did not release Mr. Kavala. Instead, he was convicted in 2022 and sentenced to aggravated life imprisonment based on the same accusations. The Committee of Ministers referred the case to the ECtHR, which, in its Grand Chamber judgment, found Türkiye in breach of its obligations under Article 46§4. The Court concluded that Türkiye acted in bad faith, undermining Mr. Kavala’s rights and violating the Convention’s principles, raising serious concerns about human rights and judicial independence.
Turkey Human Rights Litigation Support Project (TLSP) and Human Rights Watch (HRW) provided insightful updates concerning the status of implementation of the Kavala v. Türkiye group of cases, highlighting that Kavala’s conviction and aggravated life sentence were upheld by Turkish courts in September 2023, cementing his continued detention in violation of the Convention. Since 2019, Turkish authorities have used various tactics to avoid compliance with the Kavala judgment, illustrating a deliberate effort to prolong his detention for political purposes, undermining the rule of law and intimidating other human rights defenders. These systemic delays and resistance from the authorities continue to obstruct progress, despite the Committee of Ministers repeatedly condemning these violations.
As highlighted by civil society, the Kavala case now symbolises broader structural failings within Türkiye’s judiciary. The Council of Judges and Prosecutors (CJP), tasked with ensuring judicial independence, remains dominated by political appointees loyal to the ruling coalition. This control compromises the impartiality of judicial processes and facilitates politically charged decisions. Judicial interference extends beyond the Kavala case, impacting the broader protection of human rights and democratic standards in Türkiye. Government officials have systematically stifled political debate and dissent, weaponising criminal proceedings against human rights defenders and critics. Legitimate human rights advocacy is increasingly criminalised, reinforcing a climate of fear and repression.
Recommendations for the implementation of the Kavala v. Türkiye group of cases
