Osman Kavala is a well-known philanthropist and rights advocate in Turkey. Yet, he has been behind bars for over 86 months (over 7 years), and his case has come to symbolize the decline of human rights and judicial independence in the country. Kavala’s imprisonment is not just an isolated case but a reflection of the broader collapse of judicial independence in Turkey. Over the past decade, the judiciary has increasingly come under political influence, with courts often used as tools to silence dissent and suppress opposition voices.
High-profile cases like Kavala’s illustrate how the legal system has strayed from its core principles of impartiality and justice, instead prioritizing political loyalty over the rule of law. His prolonged detention and sentencing, despite clear rulings from the European Court of Human Rights, highlight how domestic courts are disregarding international legal norms and human rights obligations.
Kavala was detained on October 18, 2017, accused of financially supporting the 2013 Gezi Park protests. After 15 days in custody, he was formally arrested on November 1. The charges against him included “attempting to overthrow the government” and “attempting to dismantle the constitutional order.” He remained in prison under these accusations for years, despite many international human rights organizations calling his detention unlawful. In December 2019, the European Court of Human Rights (ECHR) ruled that Kavala should be immediately released. The court highlighted the lack of evidence and deemed his detention a violation of his rights. However, Turkey refused to implement this decision. Thereafter, related to this, The Grand Chamber of the European Court of Human Rights (ECHR) announced its decision on Osman Kavala’s case during a public hearing on July 11, 2022. This was part of the infringement procedure initiated by the Committee of Ministers of the Council of Europe on February 2, 2022. The ECHR ruled that Turkey violated Article 46/1 of the European Convention on Human Rights (ECHR) by failing to comply with its obligations related to implementing ECHR rulings.
On April 25, 2022, Istanbul’s 13th High Criminal Court sentenced Kavala to aggravated life imprisonment which is the harshest penalty under Turkish law for attempting to overthrow the government. Most recently, on May 15 2024, the court rejected Kavala’s request for a retrial.
Today, Osman Kavala remains in solitary confinement, and his case has become a symbol of the crackdown on dissent and human rights advocacy in Turkey. His ongoing imprisonment raises significant concerns about the state of democracy, judicial fairness, and human rights in the country.
As Right Defender Initiative (RDI),we strongly condemn the detention and prison conditions of Osman Kavala and demand his immediate release. His case is a clear indication of the erosion of justice and the rule of law in Turkey. PEN International has stated that his situation reflects the weakening of judicial independence, while Amnesty International and other organizations have repeatedly called for his release and urged global intervention.
References:
https://www.diken.com.tr/osman-kavala-2-bin-626-gundur-hapiste
https://www.diken.com.tr/aym-baskanindan-kavala-kararina-muhalefet-serhi-haklari-ihlal-edildi/
