Council of Europe’s (CoE) Committee of Ministers, convening in Strasbourg from 12 to 14 March, has addressed Turkey’s non-compliance with European Court of Human Rights’ (ECtHR) release orders for Osman Kavala and Selahattin Demirtaş. The discussions could lead to an infringement procedure, with decisions to be announced on 15 March.
During its quarterly session, the Committee not only focuses on cases from Armenia, Azerbaijan, Bulgaria and others, but specifically on Turkey for disregard of the ECtHR’s judgements concerning the former co-chair of the pro-Kurdish Peoples’ Democratic Party (HDP), Selahattin Demirtaş, and publisher and human rights activist Osman Kavala.
These two prominent figures remain imprisoned despite the court’s clear directives for their immediate release, highlighting a significant challenge in enforcing human rights rulings.
The Committee’s engagement signals a critical moment for European institutions, underlining their commitment to uphold human rights standards.
Legal representatives for Demirtaş and Kavala have made specific demands, urging the Committee to ensure the ECtHR’s decisions are honoured and calling for immediate action to secure their release. For Demirtaş:
– Highlight that the continued detention of Demirtaş constitutes a violation of Article 46 of the Convention*, potentially triggering the binding nature of the final judgements of the ECtHR under Article 46/4.
– Continue to review the Demirtaş’s situation in every ordinary and human rights-focused meeting until he is released.
– Persist in urging the Secretary General of the CoE, member states and international human rights organisations to bring up the case and the judicial harassment faced by Demirtaş.
– Call on the government to fully implement the Grand Chamber’s decisions.
For Osman Kavala, the demands include:
– Initiate the Supplementary Joint Procedure in accordance with the Parliamentary Assembly of the Council of Europe (PACE) Resolutions 2319 (2020) and 2518 (2023)**.
– Note the continuous violation of Article 46 of the European Convention on Human Rights (ECHR) since the ECtHR’s infringement verdict due to the local courts, regional courts of appeal and Court of Cassation explicitly refusing to implement the two binding judgements of the ECtHR.
– Request Turkish authorities to prepare an urgent individual measures action plan providing a clear timeline for how and when the unlawful deprivation of liberty of Kavala will end.
– Call for the immediate implementation of general measures necessary to ensure an independent judiciary that respects the decisions of the ECtHR.
The outcome of the Committee’s discussions are eagerly awaited by human rights advocates and could mark a pivotal moment in the ongoing efforts to ensure compliance with international human rights standards.
(*) Article 46 of the Convention implies that Turkey is legally bound to comply with the European Court of Human Rights’ judgement regarding Demirtaş’s case, requiring his immediate release and highlighting Turkey’s obligation to uphold European human rights standards.
(**) The procedure involves a series of steps, including the potential adoption of a joint action plan by the Committee and PACE, aimed at ensuring that the member state in question adheres to the Court’s ruling. In extreme cases such as Turkey, it could lead to the member state facing enhanced political and diplomatic scrutiny, and potentially, sanctions.
