Posts Tagged ‘Osman Kavala’

Osman Kavala and Mozn Hassan receive 2020 International Hrant Dink Award

September 16, 2020

The twelfth International Hrant Dink Award was presented on Tuesday, September 15th by an online ceremony. This year’s awards were granted to Osman Kavala who devoted his life to building a pluralistic and democratic society  and showed that human rights and social dialogue can be strengthened through culture [see also; https://humanrightsdefenders.blog/2020/01/29/turkey-defies-european-court-on-kavala-and-undergoes-upr-review/] and art and Mozn Hassan [see also; https://humanrightsdefenders.blog/2017/02/02/right-livelihood-has-to-go-to-egypt-to-hand-mozn-hassan-her-2016-award/]one of the pioneers of the feminist movement across the Middle East and North Africa, struggling against sexual violence and womens rights violations in Egypt.

The award ceremony was hosted by Şebnem Bozoklu and Alican Yücesoy in Turkish, and also by Ece Dizdar in English languages. Moreover, people and institutions from Turkey and all around the world, who shed light to humanity with their struggles are acknowledged as the ‘Inspirations’ of 2020. Among the Inspirations of this year, there human and women’s rights defenders from Turkey to Chile, Indonesia to Lebanon, Germany to the United States, India to China, as well as inspirational individuals and initiatives with their demands for peace, equal citizenship, democracy and justice.

At the ceremony, Rakel Dink sang one of the favorite songs of her husband Hrant Dink at Surp Toros Armenian Church in Tekirdağ Malkara, which is awaiting restoration. The night ended with the song “Son Dakika Golü” (Last Minute Goal) by Arto Tunçboyacıyan composed specially for the ceremony.

For more on the International Hrant Dink Award : http://www.trueheroesfilms.org/thedigest/awards/hrant-dink-award

Osman Kavala and Mozn Hassan receive 2020 International Hrant Dink Award

Turkish human rights defenders shocked by honorary doctorate for ECtHR president Spano

September 5, 2020

This post has been written by Harry Hummel, the Senior Policy Advisor of the Netherlands Helsinki Committee, with many thanks:

This week, European Court of Human Rights president Robert Spano visited Turkey. A high profile event in the country. In the face of government denial of the massive human rights violations it is committing, the voice of the European Court has an extraordinary importance. Human rights defenders therefore expressed unease about the programme of the visit, which included talks with authorities, an address to the Justice Academy and the acceptance of an honorary doctorate at Istanbul university, but no encounters with civil society human rights workers. One of the oldest human rights organisations in Turkey, the IHD, wrote: <https://ihd.org.tr/en/ihd-open-letter-to-robert-spano-president-of-the-european-court-of-human-rights/>

Universities in Turkey are controlled by the Board of Higher Education that was established in the aftermath of the 12 September 1980 coup d’état. Universities in Turkey do not have scientific or administrative autonomy whatsoever. In the past university rectors were elected by academics serving that university but now they are being appointed by the president himself, the head of the executive branch, following changes introduced during the latest state of emergency period. Furthermore, İstanbul University that we learnt was presenting you with an honorary doctorate dismissed hundreds of academics through the state of emergency decree laws and it is one of the institutions that has virtually become the symbol of the state of emergency.

Dear President, you will see young judges and public prosecutors before you at the Justice Academy of Turkey where you are going to teach. During the state of emergency between 2016 and 2018 more than 4,200 judges and prosecutors were dismissed from their posts while more than 8,000 judges and prosecutors were inaugurated. These figures indicate that 45% of all judges and prosecutors on active duty have three years of professional experience or less. Moreover, complaints lodged by thousands of judges and prosecutors are still pending before judicial authorities for the deliverance of a ruling.

Dear President, we do see the will to maintain communication with Turkish authorities in spite of all these negative developments. Turkey, however, is not merely composed of the political power itself. There stand before your court, on one side, the political power alleged to have violated rights and on the other side the victims of those rights violations.  Turkey has a quite developed and dynamic web of civil society organizations working in the field of human rights in spite of all these setbacks. In order for your visit to Turkey to genuinely be beneficial, your lending an ear to these civil society organizations that make the voices of rights victims be heard bears vital significance. We can list the following as examples: women’s organizations that have been defending the Council of Europe İstanbul Convention at a time when withdrawal from the Convention was on the agenda, Saturday Mothers who have long been searching for their children lost under custody and whose right to assembly has been prohibited, bar associations that objected to Law No. 7249 introducing multiple bar associations and regulations that went against the right to defense, and associations of lawyers who advocate for justice and rights, who are imprisoned to this end, who go on hunger strikes. We believe that it is not late to organize a public meeting with the press during which you can answer questions by civil society organizations.

Mixed feelings were expressed in particular about  the honorary doctorate. Former Istanbul University professor Mehmet Altan wrote an open letter to Spano <https://www.expressioninterrupted.com/open-letter-to-president-of-the-european-court-of-human-rights/> :

“The people who will be giving you an honorary doctorate are the very people who dismissed me and many other academics. Under normal circumstances, of course it would be pleasing to hear that you will be visiting Turkey. Unfortunately that’s not the case.”

The concerns about the doctorate were taken up by international human rights NGO Article 19 <https://www.article19.org/resources/open-letter-article-19-urges-president-spano-to-decline-honorary-degree/> :
ARTICLE 19 urges you to decline the offer of an honorary doctorate from Istanbul University due to the role of the University in the crackdown on the crackdown on civil society and purges of Turkish academia by the Turkish authorities.

More than 120,000 individuals <https://soe.tccb.gov.tr/> were dismissed through decree laws after the 2016 failed coup attempt, including more than 5,000 academics. While the process for these dismissals was not transparent, the Spokesman for the Council of Higher Education has previously confirmed in interviews that the management of the universities were responsible <https://www.bbc.com/turkce/haberler-turkiye-38906141?ocid=socialflow_twitter>  for preparing the lists of academics to be dismissed by decree. University rectors from other universities interviewed by the BBC in 2017 stated <https://www.bbc.com/turkce/haberler-turkiye-39055854>  that they prepared the dismissal lists in cooperation with the Intelligence services, using criteria defined by the government. 192 <http://bianet.org/english/print/183432-4-811-academics-from-112-universities-discharged-by-5-statutory-decress> academics <http://bianet.org/english/print/183432-4-811-academics-from-112-universities-discharged-by-5-statutory-decress>  were dismissed from Istanbul University by emergency decrees. Istanbul University itself dismissed at least 95 academics, <http://bianet.org/english/human-rights/176960-95-academic-suspended-in-istanbul-university-yok-suspends-4-rectors>  without due process or the opportunity for review. The consequences for those dismissed were devastating, as documented <https://www.hrw.org/news/2018/05/14/turkey-government-targeting-academics>  by Human Rights Watch.  Those dismissed from their academic positions were blacklisted, unable to find other work and had their passports cancelled. While the hundreds of academics who were dismissed for signing a peace petition had their criminal convictions overturned by the Constitutional Court, they still face unemployment as they were unable to return to their positions.

We also point out that the news about your acceptance of this honorary degree, as the Court’s most senior judge and particularly during an official visit, has raised huge concerns within Turkish civil society, undermining their trust and public confidence in the Court. We therefore respectfully urge you to decline the honorary degree you have been offered by Istanbul University.

In his speech accepting the honorary doctorate <https://echr.coe.int/Documents/Speech_20200904_Spano_Honorary_Doctorate_Istanbul_ENG.pdf> , Spano explained that accepting these kind of honors is part of the usual protocol for Court visits to Council of Europe member states:

It has long been a tradition as a matter of protocol that Presidents of the Court accept to be awarded the title of Doctor Honoris Causa during their official visits to Member States of the Council of Europe. Such offers have not been refused. In this regard the Court must always be seen to be independent and impartial and not making distinctions between Member States.

On this basis, I accept this award from this very prestigious institution which has been in existence for centuries as it will also give me, a former academic, an opportunity to stress the fundamental role of academic freedom and free speech in a democracy governed by the rule of law. These are core values which lie at the heart of the European Convention on Human Rights, a constellation of rights and fundamental freedoms which require that Government in all their actions be balanced and proportionate. In short, the Convention does not tolerate extremes.

The concerns of civil society are fueled by mixed feelings more generally <https://verfassungsblog.de/the-ecthr-and-post-coup-turkey-losing-ground-or-losing-credibility/>  about the approach of the Court in addressing the delaying and evading tactics of the Turkish authorities. In his open letter <https://www.expressioninterrupted.com/open-letter-to-president-of-the-european-court-of-human-rights/> , Mehmet Altan thanks the Court for a verdict against his own imprisonment. The verdict led to his release after a lot of legal wrangling by Turkish courts about its implementation. His dismissal has not been corrected however, a decision about this is lingering before inadequate Turkish appeal procedures (as are tens of thousands of other cases) which the Court however considers a ‘domestic remedy’ that needs to be exhausted before it can take up the issue. In the letter, he also mentions the case of his brother Ahmet Altan:

“The very section of the Court that you presided had given priority status to the application of Ahmet Altan, whose novels have been published in 23 countries, and who, even despite the Covid-19 pandemic has remained behind bars in Silivri Prison for the past four years. Even though the court is very much familiar with the file’s content, unfortunately we have been waiting for that priority to come into effect for the past four years.”

Whether the visit of Spano to Turkey has had a positive effect, will likely be also measured against progress in the case of Osman Kavala, a human rights defender who the Court has said should be released. His situation is under review by the Committee of Minissters, the Council of Europe’s supervisory body for execution of Court judgements. The Committee just this week repeated its call for his immediate release <https://www.coe.int/en/web/portal/-/implementing-echr-judgments-council-of-europe-urges-turkey-to-release-osman-kavala> .

See also:

https://ahvalnews.com/robert-spano/echr-should-call-spanos-resignation-after-turkey-visit-human-rights-defender-fincanci?language_content_entity=en and

https://www.washingtonexaminer.com/opinion/european-court-of-human-rights-president-degrades-court-with-turkish-award

European rights court president draws further ire by posing with members of Turkey’s ruling party

Turkey: who will defend the human rights defenders?

February 16, 2020

Milena Buyum, Amnesty International, wrote on 14 February 2020 a moving piece on the detention and suffering of her fellow human rights defenders in Turkey.

Some moments in life are forever etched in our minds. Everyone recalls where they were when they heard their favourite rock star died, or how they felt around the birth of a child. For me, 6 June and 5 July 2017 are two dates that will forever be on my mind. They are the days when I learned that my friends and colleagues, human rights defenders, had been detained by Turkish police…On 6 June 2017, I was in Istanbul on a work visit, meeting with journalists and lawyers ahead of the start of the trial of two writers. It had almost been a year since the attempted and bloody military coup of July 2016. The Turkish government had responded with a sweeping crackdown on dissenters from all backgrounds, which was continuing to gather pace. I was with the editor of a small newspaper when I heard that my colleague Taner Kılıç had been detained. I will never forget the sinking feeling during those first moments. Trying to make sense of the nonsensical is always difficult. Knowing about the crackdown had not prepared me for how I’d feel when someone I knew was caught up in it.

…..

It was around 8pm on 5 July when I saw several missed calls from a colleague in Turkey. When I rang back, I learned that Amnesty’s Director in Turkey, Idil Eser, and nine others were in detention after being arrested  while attending a workshop on the island of Buyukada. My friend and sister Ozlem was among them. I recall vividly the ensuing hours, making frantic calls to whoever I could think of to try and find out where they were and what was going on. How could people be arrested for attending a human rights workshop? It made no sense.

…….

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-upr-review/]

I have been in that courtroom for this trial ever since it began. Each time, the absurdity of the prosecution and the complete lack of evidence of any crime having been committed – let alone under terrorism laws – struck everyone in attendance as reserved to the pages of a nightmarish novel. When I walk into the Istanbul courtroom next week, I know there is only one outcome that could deliver justice.  Taner, Ozlem, Idil, Nala. Seyhmus, Ilknur, Ali, Peter, Veli, Gunal and Nejat must all be acquitted. For defenders of human rights, for our friends, for human rights in Turkey, this is the only way just end to this long saga.

https://www.amnesty.org/en/latest/news/2020/02/who-will-defend-the-defenders/

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