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Council of Europe Committee raises questions on Turkey in Kavala case

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The Council of Europe’s Committee of Ministers (CECM) while raising questions on Turkey’s commitment to implement the Court’s Judgment in Kavala v. Turkey Case has formally notified the government of Turkey of its intention to refer ‘Kavala Case’ to the European Court of Human Rights contending that Turkey has failed to fulfill obligations in the very case, following the proceedings under Article 46.4 of the European Convention on Human Rights.

It is worth mentioning here that in December 2019, the European Court had pointed out that Mr. Kavala’s detention took place in absence of fortified evidence that he had committed an offense. The course of events found that Kavala’s arrest and pre-trial detention pursued an ulterior motive, with objectives to silence him and to dissuade other human rights defenders that time demanded by the Turkish Constitutional Court to review his complaint was speedy.

Following the events, the European Court on Human Rights concluded that the Turkish government has to take every step to put an end to the applicant’s detention and to secure his immediate release. The court judgment became final in May 2020, at which point the case passed to the committee of Ministers to supervise the execution of the judgment.

On December 2nd, 2021’s Interim Resolution, the committee recalled its eights previous decisions demanding Turkish authorities to ensure the applicant’s immediate release on one hand and on the other hand, to make ensure the conclusion of the criminal proceedings against him based on the European Court’s findings and without delay.

The CECM stated that following the failure of the applicant’s immediate release, the committee considers that Turkey is refusing to implement the Court’s final judgment in this very case.

Amidst this perspective, the committee also notified Turkey of its intention to refer the issue to the court at its meeting scheduled to be held on 2nd February 2022 urging Turkey to submit its view by 19th January 2022.

It is also worth mentioning here that under Article 46 of the European Convention on Human Rights, the Council of Europe Members States is obliged to implement judgments from the European Court of Human Rights.

Article 46.4 of the Convention gives the Committee of Ministers, which is responsible for supervising the execution of the Court’s judgments, the possibility of referring to the Court the question of whether a state has failed to fulfill its obligation to implement a judgment.

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