ECHR to rule on Osman Kavala's second application on August 25
The European Court of Human Rights will announce its ruling on August 25 on the second application filed by Gezi trial detainee Osman Kavala on January 18, 2024.
The European Court of Human Rights will announce its ruling on August 25 on the second application filed by Gezi trial detainee Osman Kavala on January 18, 2024.
The European Court of Human Rights (ECHR) will deliver its verdict on the second application filed on January 18, 2024, by businessman Osman Kavala — held for eight years and nine months over the Gezi protests — at a hearing in Strasbourg on August 25.
The application was registered as case No. 2170/24 at the ECHR, and the parties were heard at a hearing held on March 25.
First application resulted in a rights violation ruling
Kavala, arrested on October 18, 2017, in connection with the Gezi Park case, filed his first application with the ECHR on June 8, 2018. On December 10, 2019, the ECHR ruled that Turkey had violated Kavala's rights.
The ruling found that Kavala's initial and continued detention violated Article 5 §1 of the European Convention on Human Rights (right to liberty and security) and Article 5 §4 (right to a speedy decision on the lawfulness of detention).
Citing Article 46 of the Convention (binding force and execution of judgments), the ECHR stated that Turkey was required to end Kavala's detention and secure his immediate release.
Ruling not implemented
After Kavala was not released, the Committee of Ministers referred the case to the ECHR under infringement proceedings launched in February 2022. In a ruling dated July 11, 2022, the ECHR found that Turkey had failed to comply with its obligation to implement the December 10, 2019, judgment on Kavala.
'Seven articles of the Convention violated'
In his second application, filed on January 18, 2024, Kavala raised complaints concerning the period following the December 10, 2019, ruling, particularly regarding his detention and the criminal proceedings against him.
The application cites violations of Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment), Article 5 (right to liberty and security), Article 6 (right to a fair trial), Article 7 (no punishment without law), Article 10 (freedom of expression), Article 11 (freedom of assembly and association) and Article 18 (limitation on use of restrictions on rights).
(ANKA)