In a decision adopted at its 1459th Human Rights meeting, the Committee of Ministers deeply deplored the fact that Osman Kavala remains in detention more than three years after the European Court’s initial judgment in his case.
The Committee stressed that the further and timely engagement of the Turkish authorities on this issue is essential. It also underlined the shared responsibility of all competent authorities in Türkiye, including the judiciary, to eliminate the negative consequences of the criminal charges brought against Mr Kavala – in particular by ensuring that he is immediately released.
During its 1459th meeting, the Committee of Ministers also adopted an Interim Resolution in the case of Selahattin Demirtaş (No. 2) v. Turkey.
The Committee expressed profound concern that the applicant in this case has been continuously deprived of his liberty since November 2016 and deplored the absence of a decision by the Constitutional Court in Türkiye on the applicant’s detention since 7 November 2019.
It exhorted the Turkish authorities to take all possible steps to ensure that the Constitutional Court rules on this issue as soon as possible, with full regard to the findings of the European Court of Human Rights, and in the meantime to ensure the applicant’s immediate release.
In addition to the specific measures needed to implement these judgments, the Committee of Ministers also called for general measures including reinforced guarantees for judicial independence from undue influence from the executive branch and all required action to strengthen political debate, pluralism and the freedom of expression of political representatives in Türkiye.
An interim resolution is a form of decision adopted by the Committee of Ministers aimed at overcoming more complex situations requiring special attention.
Decision in Kavala v. Türkiye
Interim resolution in Selahattin Demirtaş (No. 2) v. Turkey