
Several sources (here HRW) reported on the European Court of Human Rights (ECtHR) handing down a landmark judgment (announced on July 11, 2022) against Turkey for its failure to carry out the court’s order to free the imprisoned human rights defender Osman Kavala. See: https://humanrightsdefenders.blog/2022/04/27/unexpected-in-its-harshness-kavala-gets-life-sentence-without-parole/
The court found in Kavala v. Türkiye, a case brought by the Council of Europe’s Committee of Ministers, that Turkey failed to fulfil its obligation under Article 46(1) of the European Convention on Human Rights to comply with its judgment issued on December 10, 2019. The judgment is an important step toward accountability for Turkey’s systemic disregard for the convention system and as recognition of the urgency of implementing the court’s order to release Kavala.
“This is the only second time, after Mammadov v. Azerbaijan, that the ECtHR has ever conducted infringement proceedings and determined that a member state has not complied with a European Court judgment,” said Helen Duffy of the Turkey Litigation Support Project.
“It is an acknowledgement of Turkey’s ever-deepening rule of law crisis, which has involved seriously undermining the Convention system and the escalating use of criminal law for political purposes.”
In its new judgment, the court held that “Türkiye has failed to fulfil its obligation under article 46§1 to abide by the Kavala v. Türkiye judgment of 10 December 2019.”
The European Court underlined that:
Its finding of a violation of Article 18 taken together with Article 5 in the Kavala judgment had vitiated any action resulting from the charges related to the Gezi Park events and the attempted coup. It is nonetheless clear that the domestic proceedings subsequent to the above judgment, which resulted first in an acquittal and then a conviction, have not made it possible to remedy the problems identified in the Kavala judgment (para. 172).
The Grand Chamber judgment addresses these practices of the Turkish authorities by stating that “the measures indicated by Türkiye do not permit it to conclude that the State Party acted in ‘good faith,’ in a manner compatible with the ‘conclusions and spirit’ of the Kavala judgment, or in a way that would make practical and effective the protection of the Convention rights which the Court found to have been violated in that judgment” (para. 173).
Aisling Reidy, senior legal adviser at Human Rights Watch said: “As the European Court has now confirmed Turkey’s failure to execute the 2019 Kavala judgment, the Committee of Ministers needs urgently to take all feasible measures to ensure the judgement is respected and Kavala released“.
The Committee of Ministers is expected to resume its supervision process and take more robust steps to discharge its mandate of ensuring the necessary individual and general measures are taken by Turkey to implement the court’s ruling.
Now, it is up to the Committee of Ministers, which oversees the implementation of the ECtHR rulings, what measures to take against Turkey after the country failed to comply with the court’s ruling. This could lead to Turkey’s suspension from the Council of Europe. In anticipation, the Foreign Ministry of Turkey said they expected the Committee of Ministers “to act without bias and with common sense” in a statement.
However, see: https://stockholmcf.org/coe-fails-to-sanction-turkey-over-jailed-philanthropist-opts-for-dialogue-instead/
https://www.hrw.org/news/2022/07/12/landmark-judgment-against-turkey-ignoring-european-ruling






Sri Lanka’s newly elected president, Gotabaya Rajapaksa and his Government must demonstrate that they will uphold human rights and rule of law, and ensure that Sri Lanka sustains its international obligations and commitments to justice and accountability, said the International Commission of Jurists (ICJ) on 19 November 2019. “The election of Gotabaya Rajapaksa, after a highly polarizing campaign, has alarmed human rights defenders in Sri Lanka and abroad, who have little reason to believe that someone facing such serious allegations of perpetrating human rights violations can be relied upon to meet the country’s obligations under international law,” said
Thailand: joint statement by International NGOs on Pro-Democracy Protests
November 29, 2020A group of 13 important human rights NGOs – in a joint statement – condemn the Thai police’s unnecessary and excessive use of force against peaceful protesters marching to the national parliament in Bangkok on November 17, 2020. They are concerned that authorities could employ similar measures when facing protesters who have declared they will march to the Siam Commercial Bank headquarters on November 25.
On November 17, police set out barriers and barbed wire to prevent a peaceful march organized by pro-democracy movements from reaching the parliament. Protesters planned to protest outside the parliament as members of parliament and senators debated seven different proposals for constitutional amendments, including an amendment proposed by the lawyers’ non-governmental organization iLAW (Internet Law Reform Dialogue), which was supported by the People’s Movement and its allies. Police refused to let protesters through the barriers, and when the demonstrators acted to breach those barriers, police crowd control units used water cannons laced with purple dye and an apparent teargas chemical, as well as teargas grenades and pepper spray grenades, to forcibly disperse thousands of demonstrators, including students, some of whom are children. Water cannons were first used at approximately 2:25 pm and police continued their efforts to disperse protesters, with constant use of water cannons, teargas and pepper spray into the evening.
Police also failed to prevent violence between pro-democracy protesters and royalist “yellow shirts” near the Kiak Kai intersection, near the parliament. Initially, riot police separated the two groups. However, video posted on social media later showed police officers informing the royalist protesters that they would withdraw and seconds later they vacated their position between the two groups. During the ensuing skirmishes, both sides were filmed throwing rocks and wielding clubs. Live broadcasts included sounds that appeared to be gunfire.
The Erawan Medical Centre reported that there were at least 55 protesters injured, mostly from inhaling teargas. It also reported that there were six protesters who suffered gunshot wounds. The injured included children: a kindergartener and elementary school students….
On November 18, the spokesperson for United Nations Secretary-General António Guterres “expressed concern about the [human rights] situation in Thailand … it’s disturbing to see the repeated use of less lethal weapons against peaceful protesters, including water cannons … it’s very important that the government of Thailand refrain from the use of force and ensures the full protection of all people in Thailand who are exercising a fundamental peaceful right to protest.”
We call on the Thai government to respect, protect and fulfill the right of demonstrators to peacefully protest, in line with Thailand’s international obligations under the ICCPR and customary international law. Specifically, Thailand should:
1. Permit the People’s Movement march to proceed on November 25 and allow for non-violent protesters, including those who are children, to peacefully protest in front of the Siam Commercial Bank headquarters.
2. Protect the rights of protesters, including those who are children, in accordance with the Human Rights Committee’s General Comment No. 37 on the Right of Peaceful Assembly.
3. Facilitate the exercise of the right to peacefully assemble and refrain from dispersing assemblies by using weapons, including less-lethal weapons, against protesters in line with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and UN and other guidance on less-lethal weapons.
4. Protect protesters, including those who are children, from violence and interference by non-State actors, while also protecting the rights of counter-demonstrators.
5. Take steps to ensure accountability for rights violations associated with the government’s crackdown on the protest movement and to ensure that those whose rights have been violated enjoy the right to an effective remedy, as guaranteed under ICCPR article 2(3).
Signed by:
Amnesty International
Article 19
ASEAN Parliamentarians for Human Rights
Asia Democracy Network
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Network for Free Elections (ANFREL)
CIVICUS: World Alliance for Citizen Participation
Civil Rights Defenders
FIDH – International Federation for Human Rights
Fortify Rights
Human Rights Watch
International Commission of Jurists
Manushya Foundation
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https://www.hrw.org/news/2020/11/25/statement-international-ngos-pro-democracy-protests-november-17-and-25-2020
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Tags: freedom to demonstrate, General comment ICCPR, joint statement, NGOs, police violence, students, Thailand