Council of Europe Commissioner for Human Rights, Michael O’Flaherty participated today in the Grand Chamber Hearing of the European Court of Human Rights in the case of Osman Kavala v Türkiye (no.2). This case concerns the detention of Mr. Kavala after the judgment of the Court delivered on 10 December 2019 (Kavala v. Turkey, no. 28749/18) and the criminal proceedings which resulted in his conviction to aggravated life imprisonment.
In his submission, the Commissioner outlined that the case should be considered in the context of the pressure on dissenting voices, including human rights defenders, civil society organisations, lawyers, journalists, and opposition politicians, in Türkiye.
He pointed to persisting problems regarding the rights to freedom of expression, association and peaceful assembly, that he also examined during his visit to Türkiye in 2025, and are relevant to the case.
The Commissioner provided insights in particular into the broad interpretation of criminal law and anti-terrorism provisions and their application to actions that should be considered legitimate democratic activity, including critical expression, association, and human rights advocacy.
He also examined aspects of administration of justice underpinning the shortcomings in human rights protection, in particular the independence and impartiality of the judiciary, respect for fair trial guarantees, and the effectiveness of the individual application mechanism before the Turkish Constitutional Court.