EUROPEAN NEWS



TURKEY AND HUMAN RIGHTS

2021-10-26

FOR THESE REASONS, THE COURT

  1. Declares, unanimously, the application admissible as regards the complaints under Article 5 §§ 1 and 3 (lack of reasonable suspicion and of relevant and sufficient reasons), Article 5 § 4 (lack of a speedy judicial review by the Constitutional Court) and Article 18 of the Convention;
  2. Holds, unanimously, that there has been a violation of Article 5 § 1 of the Convention on account of the lack of reasonable suspicion that the applicant had committed an offence;
  3. Holds, unanimously, that there has been a violation of Article 5 § 4 of the Convention on account of the lack of a speedy judicial review by the Constitutional Court;
  4. Holds, unanimously, that there is no need to examine the complaint under Article 5 §§ 1 (c) and 3 of the Convention as to the alleged failure to provide reasons for the applicant’s pre-trial detention;
  5. Holds, by six votes to one, that there has been a violation of Article 18 of the Convention taken in conjunction with Article 5 § 1;
  6. Holds, unanimously, that there is no need to examine separately the admissibility or merits of the complaints under Article 5 §§ 3 and 4 (length of pre-trial detention, alleged absence of an effective remedy on account of the lack of access to the investigation file, examination of the appeal against pre-trial detention without a hearing);
  7. Holds, by six votes to one, that the respondent State is to take all necessary measures to put an end to the applicant’s detention and to secure his immediate release;
  8. Dismisses, unanimously, the applicant’s claim for just satisfaction.

Done in English and French, and notified in writing on 10 December 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

I deliberately quote the conclusions of the European Court of Human Rights in the case of  Osman Kavala, to make clear what the silly diplomatic quarrel between Erdogan and ten western ambassadors is about. What the diplmats asked was no more than what had been asked several times by the Council of Europe. Turkey is a member of the Council and a party to the European Convention on Human Rights. The quarrel underlines a sad fact: Erdogan makes clear that under his rule international and European legal commitments no longer count. Instead of  leaving in dignity, the ten ambassadors gave in.  Violating European Human Rights Law apparently is no longer unacceptable. 


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Frans A.M. Alting von Geusau

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