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Istanbul, Turkey – An Istanbul court has ordered the arrest of philanthropist Osman Kavala in a move that could further strain Turkey’s relations with Europe.
The hearing was the first since a debate on the issue that put Turkey on the brink of a diplomatic crisis with several Western allies last month, when Turkish President Recep Tayyip Erdogan threatened to expel ambassadors from 10 countries after calling for Kavala’s release. .
Rights groups have criticized the arrest and trial of the 64-year-old Kavala as senseless and politically motivated. The Turkish government has rejected criticism and said Turkey’s judiciary is independent.
Friday’s court ruling could jeopardize Turkey’s membership of the European Council, and it has called for Kavala’s release, according to a ruling by the European Court of Human Rights (ECHR). The Istanbul court set the next trial for January 17, 2022.
Turkey is a member of the 47-nation Council of Europe and its national constitution is required to comply with ECHR rulings. But Ankara has ignored several orders from the ECHR, including the release of Kavala and the imprisonment of Kurdish politician Selahattin Demirtas.
Turkey is endangering infringement proceedings
The Committee of Ministers, which oversees the enforcement of ECHR rulings, will meet from 30 November to 2 December in Strasbourg.
Council of Europe spokesman Andrew Cutting told Al Jazeera that the commission’s decisions will be published on 3 December.
Cutting said the Commission of Ministers will have to decide first, by a two-thirds majority, that it will inform Turkey that it intends to initiate infringement proceedings, and then that it will need two-thirds more votes to formally return the case. The EHR questioned whether Turkey had violated the Council of Europe’s human rights agreement for non-compliance with the court ruling.
At that moment, Turkey, after Azerbaijan, could become the second country in the Council of Europe to face infringement proceedings.
Nacho Sánchez Amor, a spokesman for Turkey in the European Parliament, who attended the previous hearings, told Al Jazeera that the ruling to keep Kavala in custody undermines recent efforts to resolve relations between the European Union and Turkey.
“Today has been the last chance for the Turkish state to fulfill its obligations under the Council of Europe charter, and I am disappointed that I would have preferred to avoid the infringement procedure,” he said.
“But apparently right now, then [seeing] In the face of the Council of Europe’s ECHR ruling, we hope that the Committee of Ministers will open a solution to the infringement proceedings. “
Bonding tensions
Diplomatic conflict between Turkey and several Western countries erupted last month when 10 Turkish ambassadors released a statement calling for Kavala’s immediate release.
Turkish President Recep Tayyip Erdogan said ambassadors were violating diplomatic rules and ordered expulsion, but then dismissed the threat.
The dispute was resolved that Western embassies would continue to work after a carefully written statement in accordance with the practices established in the Vienna Convention on Diplomatic Relations.
The 10 countries – the United States, Canada, New Zealand, Denmark, France, Germany, the Netherlands, Norway, Sweden and Finland – represent Turkey’s NATO allies and some of its largest trading partners.
Erdogan said he had won the conflict because the country had not intervened in the Turkish judicial process for the duration, and told followers that the embassies “will be more accountable now.”
Rights groups dismiss the verdict
Rights groups have also called on the Commission to take action against Turkey over the Kavala case.
“The arrest of Osman Kavala is being illegally extended again through unanimous votes by the court,” Emma Sinclair-Webb wrote on Twitter on Friday, urging the Committee of Ministers to initiate infringement proceedings against Turkey.
“[Turkey’s] Refusing to impose a binding ECHR verdict is not only a senseless violation of Osman Kavala’s right to liberty, it is also a threat to the entire European human rights system, ”Nils Muiz, Amnesty International’s European Regional Director, wrote on Twitter. .
“It is up to the member states of the Council of Europe to respond to this challenge and initiate infringement proceedings.”
“No new evidence”
Kavala, 64, is best known for his work with civil society groups in Turkey, including the Open Society Foundation, of which he founded the Turkish chapter. He was first arrested more than four years ago and charged in 2019 with being part of a conspiracy behind the 2013 Arrow Park protests in Istanbul. He was acquitted by a Turkish court in February 2020.
But the philanthropist was never released, and just hours after receiving his acquittal, prosecutors filed new charges saying he was part of a separate conspiracy linked to a failed 2016 coup attempt.
His case was later joined by another 51 people indicted in connection with the 2013 Arrow protests, who were accused of espionage, “membership in terrorist groups and attempting to violently overthrow the government, including various crimes.” If convicted, Kavala could face up to life in prison.
Kavala has denied the accusation, saying the allegations are “fantastic in nature” and are not based on any evidence. He refused to attend further hearings and was not admitted to court on Friday through a video conferencing system connected to the Silivri prison that keeps him.
Lawyers, opposition lawmakers and supporters have gathered in front of the Palace of Justice before the Caglayan Court while a Turkish court is awaiting the trial of philanthropist Osman Kavala and 15 others. [Umit Bektas/Reuters]Kavala’s defense attorneys, in a statement, said the reason for keeping the court in custody was based on allegations that were not sufficient to be cited in the prosecution’s case.
Kavala is accused of conspiring in a 2016 coup attempt with American academic Henry Barkey, who is on trial in absentia in the same case and denies the allegations, a complaint based on cell phone records showing both were close. Defense attorneys said the data doesn’t show the two had a phone conversation, Barkey also said.
The court also cited allegations that Kavala funded the 2013 Arrow protests, which began as a rally by thousands of people against a planned redevelopment project in Istanbul’s Taksim Square and turned into larger protests against the government.
Lawyers for Kavala’s defense have said that a report cited by the Turkish Financial Crimes Investigation Commission court does not conclude that there is evidence to send money to the Arrow Park protesters.
“The trial phase shows that no new evidence is presented for the one who has been detained for 4 years with the same charges and accusations, and that the evidence presented by the prosecution is not even to arouse a simple suspicion; ”The lawyers stated in a note.
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