Former ECtHR judge Türmen explained the process; Is Erdogan’s claim about Kavala, “There is no more work for the ECHR” true?

Ozgur Zeren | Ankara

President and AKP Chairperson Recep Tayyip ErdoganAnadolu Kültür Chairman of the Board of Directors, who was sentenced to aggravated life imprisonment in the Gezi trial. Osman Kavala with regard to “They also do not know international law. There is no more work for the ECHR, it’s over. Why is it over? Because he was convicted here. Since he was convicted, this issue has nothing to do with the ECHR anymore. The ECHR will take it, look at it, but say ‘convicted’, it will take this business off the table now.” he declared. Former ECHR judge and retired ambassador, who evaluated how the decision will affect the sanctions process initiated by the Committee of Ministers of the Council of Europe regarding Turkey. Riza Türmenwhile telling T24 about the next process before Erdogan’s statement, “When you look at the case from the point of view of the ECtHR, there is the issue of Kavala being unlawfully convicted of his liberty. For the ECtHR, it doesn’t matter whether Kavala is detained or convicted, it will decide the case.” said.

ECtHR, Kavala’s “being held in prison for political reasonsCondemned Turkey in 2019 on the grounds of ”, and decided that this situation should be rectified as soon as possible. However, the Council of Europe Committee of Ministers, responsible for supervising the implementation of the ECtHR decisions, initiated the sanction process for Turkey, after Kavala was kept in prison with the same “evidences”, but this time with different criminal charges. The Council had sent the file to the ECtHR to determine whether the requirement of the decision was fulfilled by Turkey.

In a statement he made at the airport on his way to Riyadh, the capital of Saudi Arabia, Erdogan made the following claim regarding this process:

They also do not know international law. There is no more work for the ECHR, it’s over. Why is it over? Because he was convicted here. Since he was convicted, this issue has nothing to do with the ECHR anymore. The ECHR will take it, look at it, but say ‘convicted’, it will remove this issue from the table. This, of course, is an aggravated life sentence and everyone, local or foreign, has to respect this decision made by the Turkish judiciary. I mean, other countries have laws, but our country has no law? And now this law has started to work. And in Turkey, especially the local Soros, who disregarded the state and attacked the institutions of the state, will pay the price for being the coordinator of the Gezi events. That’s the thing.

Türmen: It doesn’t matter for the ECtHR, the court refuted the government’s thesis

Former ECtHR Judge Türmen, who answered T24’s questions about how Kavala’s conviction will affect the process in the ECtHR and the Council of Europe, disagrees. Türmen said:

“The decision of the Istanbul 13th High Criminal Court will of course have consequences for the ECtHR review. Once the thesis of the Turkish government; The decision of the ECHR in 2019 was about the Gezi trial, it was about Article 312 of the TCK and was about the crime of overthrowing the government. He was acquitted of the crime and was released. According to the Turkish government, (thus) the decision of the ECtHR has been implemented. The Turkish government said the current arrest was made on espionage charges, under Article 328.

The Committee of Ministers also rejected this. ‘All the cases are the same,’ he said. “This is the continuation of the other arrest,” he said. A new situation has arisen, because the court has again given a sentence of 312. He was acquitted of 328 (of espionage charges). Then why was Kavala accused of espionage? The court refuted the Turkish government’s argument.”

“For the ECtHR, it does not matter whether he is detained or convicted”

Turkey, along with the decision, left the status of a convict after Kavala left the status of a convict, and there is no case left that has not been implemented. I do not think that this view will be accepted by the ECtHR. When you look at the case from the point of view of the ECtHR, there is the issue of Kavala being unlawfully convicted of his liberty. The ECtHR has explained at length why the deprivation of liberty was not based on legitimate doubt in its decision (process) and why it was unfair. He said that there was no evidence to prove his guilt. After all, conviction under Article 18. The government’s conviction went this way to silence Kavala. For the ECtHR, the conditions still apply. There is a state of deprivation of liberty. For the ECtHR, it makes no difference whether he is arrested or convicted. Therefore, if Turkey put forward such an opinion, and I think it will. The given deadline ends on May 11, so it was requested that (the case) end on this date.

“The decision has to be implemented”

If such an argument is put forward and the argument is rejected, the ECtHR will rule that Turkey did not implement the decision. Turkey has to implement the decision. Why the ruling circles do not understand this, I do not understand. Turkey is a party to a convention and according to article 46 of this convention, the decisions of the ECtHR are binding. It’s a very simple matter. Open. There is nothing to comment on. However, this is still being discussed in Turkey.

“We were not even released on September 12, now we can be removed”

Turkey was not expelled from the Council of Europe even during the 12 September period, but if the ECtHR makes this determination and the decision is not implemented, it may be expelled. The implementation of a sanction that was not implemented under the military administration would be very interesting in terms of showing where we have come..”

CLICK | Former ECtHR judge Rıza Türmen: We can now be removed from the Council of Europe, where we were not removed even on September 12

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