Turkey defies European Court on Kavala and undergoes UPR review

January 29, 2020

FILE - A journalist stands in front of a poster featuring jailed philanthropist Osman Kavala, during a press conference given by his lawyers, in Istanbul, Turkey, Oct. 31, 2018.
A journalist stands in front of a poster featuring jailed philanthropist Osman Kavala, during a press conference given by his lawyers, in Istanbul, Turkey, Oct. 31, 2018.

Kavala and 15 other civil society activists are accused of supporting anti-government protests in 2013 against then-Prime Minister Recep Tayyip Erdogan, who is now president. The protest action came to be known as the Gezi movement, named after an Istanbul park where the unrest started. Prosecutors are calling for life imprisonment without parole. The ECHR condemned the case, calling for an end to Kavala’s more than two years in prison and describing it as “arbitrary” and “politically motivated.”

The Istanbul court ruled Tuesday the ECHR decision was provisional because Ankara was appealing the verdict and that Kavala should remain in jail. The court’s decision is flawed because the European Court ruling was clear in its call for Kavala’s immediate release,” said Emma Sinclair Webb, Turkey researcher for New York-based Human Rights Watch.

We saw multiple signs of how unfair this trial is,” said Webb, speaking after attending Tuesday’s court hearing. “The lawyers for Kavala raised many objections to the way witness evidence is used in this case. The court turns a deaf ear to all objections. It’s a shocking indication that once again, Turkey’s judiciary seems to be under heavy pressure of the executive.”

Tuesday’s court hearing was marred by chaos, with Kavala’s lawyers challenging the judge’s decision to hear some witnesses without their presence, prompting the lawyers to walk out of the room. Ankara strongly rejects the ECHR verdict, maintaining that the judiciary is independent. But observers note the case has strong political undertones. Three months ahead of Kavala’s prosecution, Erdogan accused him of “financing terrorists” and that Kavala was a representative for “that famous Jew [George Soros,] who tries to divide and tear up nations.” Erdogan did not elaborate on the comments about George Soros, who is an international philanthropist. Erdogan’s allegations against Kavala resemble the prosecution case against the jailed activist. Kavala is a pivotal figure in Turkey, using his wealth to help develop the country’s fledgling civil society after a 1980 military coup.

“Osman Kavala is very prominent within the civil society in this country,” said Sinan Gokcen, Turkey representative of Swedish-based Civil Rights Defenders. “He is not a man of antagonism; he is a man of preaching dialogue, a man of building bridges.”….

With the U.N. having few tools to sanction Turkey, the European Union is seen as offering the best hope by human rights advocates of applying pressure on Ankara. Turkey’s EU membership bid is already frozen, in part due to human rights concerns. But Ankara is seeking to extend a customs union, along with visa-free travel for its citizens with the EU. “It’s time all European countries should be speaking out very loud and clear on cases like this [Kavala],” said Sinclair-Webb. But even high-profile cases like Kavala’s have seen Brussels offer only muted criticism of Ankara. German Chancellor Angela Merkel’s visit to Istanbul Friday for talks with Erdogan saw little criticism of Turkey’s human rights record. Instead, discussions focused on Ankara’s recent deployment of soldiers to Libya and the upholding of an EU-Turkish agreement controlling migrants entering Europe. “There are many issues to talk about with Turkey,” said Sinclair Webb. “Syria, Libya, Turkey, hosting so many refugees from Syria, and this often takes priority over Turkey’s domestic human rights crisis. This means there isn’t sufficient clarity on cases like this. What we are seeing is Turkey defying Europe’s human rights court.” Some analysts suggest Brussels could yet be lobbying behind the scenes for Kavala’s release, tying Ankara’s calls for extra financial assistance for refugees to gestures on human rights.

Pakistan: Release Manzoor Pashteen and his fellow human rights defenders immediately

HRW urges UN to address human rights violations in Turkey

https://www.voanews.com/europe/turkish-court-defies-europe-leaves-philanthropist-behind-bars

2 Responses to “Turkey defies European Court on Kavala and undergoes UPR review”

  1. Ana Zbona Says:

    Hi Hans,
    I don’t think we ever met but I âm a big fan of your work and blog, and wanted to share with you the new snapshot that we just put out, which you may be interested in covering: the Business & Human Rights Resource Centre’s latest snapshot focusing on our database of attacks on HRDs, related to businesses. Following our snapshot on Strategic Lawsuits Against Public Participation (SLAPPs), this is an additional tool for organizations, seeking to highlight business impacts on HRDs. It covers the annual findings from our database which by now includes over 2000 cases of judicial, physical and lethal attacks, highlights some of the key positive steps that companies and investors have recently taken to address these attacks and reprisals, and summarizes the recommendations to these actors.
    It also provides an assessment of our data from 2019. The findings show that:
    * There were 572 attacks in 2019 alone, up from 492 in 2018
    * The sectors that saw the most attacks in 2019 were mining (including illegal mining) (143 attacks), agribusiness (85), waste disposal (51), renewable energy (47), construction (42), oil, gas and coal (38), and logging and lumber (38)
    * Attacks on women human rights defenders related to business have increased every year for the past five years, with 137 attacks recorded in 2019 – almost half of which were against indigenous women and affected community leaders
    * Almost half of all attacks in 2019 were related to judicial harassment of HRDs, including through SLAPPs brought by businesses

    [cid:image002.png@01D5D6C4.522E5580]

    Thanks for considering!

    Best,
    Ana

    Ana Zbona
    Project Manager
    Civic Freedoms & Human Rights Defenders Project
    Business & Human Rights Resource Centre

    Skype: azbonabhrrc
    Are you signed up for our Weekly Updates?


  2. […] This week, I will be in Istanbul for the verdict in the case of Taner and the Buyukada 10. If found guilty of ‘membership of a terrorist organisation’, they could face up to 15 years behind bars. At the last hearing in November, I was in the courtroom when the state prosecutor requested that Taner and five of the Buyukada 10 – Idil, Ozlem, Gunal, Nejat and Veli – be convicted, and recited those initial absurd allegations that had been destroyed under the weight of the evidence their defence had provided. This included the allegation that Taner had the secure messaging app ByLock on his phone. Since the coup attempt the authorities have used this allegation against tens of thousands of people to try to prove they were part of an armed terrorist organization. In Taner’s case it was proven to be baseless, including by the state’s own reports to the court. In fact, after 10 hearings in the case, all the accusations made against them have been shown, one by one, to be entirely baseless. How is it possible that the state is still asking for the convictions of our colleagues and friends? The situation facing them is not unique. Their situation is in many ways emblematic of the wave of repression that has gripped Turkey. On Tuesday, another landmark verdict is expected in the case of Osman Kavala and 15 others accused of conspiring to overthrow the government. Despite failing to produce a shred of evidence to support their claim, the prosecution has nevertheless sought life prison for them… [see also: https://humanrightsdefenders.blog/2020/01/29/turkey-defies-european-court-on-kavala-and-undergoes-up…%5D […]


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