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Kavala ordered freed
The European Court of Human Rights’ Grand Chamber ordered Türkiye to release jailed philanthropist Osman Kavala “at the earliest possible date,” ruling that his criminal conviction was “null and void.”
“declaring his criminal conviction "null and void" and ordering his immediate release”
The court said it found Türkiye violated multiple fundamental rights, with the Grand Chamber holding by 15 votes to two that Kavala’s ongoing imprisonment breached protections covering the right to a fair trial, personal liberty, freedom of expression, and freedom of assembly and association.
The Strasbourg-based judges said legal actions against Kavala were pursued for the “ulterior purpose” of silencing him and constituted a “flagrant denial of justice,” and they ordered Ankara to eliminate all legal consequences arising from the case.
Kavala, held without interruption since October 2017, was sentenced to aggravated life imprisonment over allegations connected to the 2013 Gezi Park demonstrations and the July 2016 attempted coup, and the court also identified a violation of Article 3 tied to the absence of any review mechanism for his aggravated life sentence.
Lawyers and dissent
Courthouse News reported that after an acquittal and two binding European judgments failed to unlock Kavala’s cell, the Grand Chamber handed Ankara a final, two-part order to “Free him and erase the conviction,” with the court backing Kavala 15-2 on every central issue.
Philip Leach, Kavala’s lawyer and a professor of human-rights law at Middlesex University, told Courthouse News that it was “an unequivocal and unprecedented judgment from the Grand Chamber which declares Osman Kavala’s criminal conviction null and void and orders his immediate release at the earliest possible date.”
The Grand Chamber said it found no proof Kavala committed, encouraged or supported violence, but that Türkiye’s criminal courts treated his meetings, research, international contacts, and support for peaceful protest as evidence of an attempt to overthrow the government.
Courthouse News also said judges Faris Vehabović and Saadet Yüksel dissented, with Yüksel arguing Kavala’s complaint about a life sentence had not been raised domestically and was partially time limited.
What’s at stake
The ruling deepens the confrontation between Türkiye and European institutions by requiring Türkiye to secure Kavala’s release “at the earliest possible date” and eliminate the consequences of his conviction, while also ordering compensation and legal costs.
“ordered Türkiye to pay €113,342 ($132,267), including €70,000 in non-pecuniary damages”
Türkiye Today said the court ordered Türkiye to pay €113,342 ($132,267), including €70,000 in non-pecuniary damages and legal costs, and it said the Grand Chamber claimed Türkiye violated six provisions of the Convention in Kavala’s case.
The court’s findings also centered on the Gezi Park protests, where the European Court said Kavala’s aggravated life sentence was incompatible with Article 3 because it offered no meaningful prospect of release or review, and it described Kavala’s detention at Istanbul Airport on Oct. 18, 2017 and arrest on Nov. 1 after 14 days in custody over the Gezi Park investigation.
Amnesty International said the Court concluded Kavala was convicted for the ulterior purpose of punishing and silencing him, and it quoted Eve Geddie saying: “Türkiye has defied two previous binding rulings from the Court in his case. This obstruction of justice must end.”