By: Abigail Wilcher
Journal of Global Rights and Organizations, Associate Articles Editor
Strasbourg, France – Osman Kaval (Mr. Kaval), a prominent businessman and human rights advocate, remains unlawfully detained despite two rulings from the European Court of Human Rights declaring his detention arbitrary and politically motivated.
Mr. Kaval is well-known for his involvement in numerous civil society initiatives. Mr. Kaval was arrested in Istanbul in 2017 and placed in pre-trial detention one month after his arrest. Mr. Kaval faced criminal charges related to his alleged participation in the mass protests in the 2013 Gezi protests and the attempted coup on July 15, 2016. Mr. Kaval is serving an aggravated life sentence in Marmara Prison for attempting to overthrow the government. Currently, Mr. Kaval is serving an aggravated life sentence in Marmara Prison, along with other high-profile prisoners, for attempting to overthrow the government.
After unsuccessful attempts to challenge the proceedings in domestic courts, Mr. Kaval appealed to the European Court of Human Rights. In 2019, the Court determined that his detention was arbitrary and politically driven, finding that he was detained for exercising fundamental human rights. Further, the Court found that Turkish authorities aimed to silence him. However, despite this judgment and a subsequent European Court of Human Rights decision in 2022 regarding Turkey’s failure to implement the 2019 ruling, Mr. Kaval was convicted and sentenced to life imprisonment.
Mr. Kavala has since filed a second application to the European Court of Human Rights, alleging violations of rights under numerous Articles of the European Convention on Human Rights. Specifically, Mr Kavala argues that his rights under the European Convention on Human Rights Articles 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security), 6 (right to a fair hearing), 7 (no punishment without law), 10 (freedom of expression) and 11 (freedom of assembly and association, taken together with Article 18 (limitation on use of restrictions on rights) have been violated as a result of the continuing arbitrary and politically motivated deprivation of his liberty which breached the terms of the ECtHR’s 2019 judgment.
The European Court of Human Rights will hold a Grand Chamber Hearing to review Mr. Kaval’s continued detention following the Court’s 2019 decision ordering his immediate release. The proceedings will address whether Turkey’s refusal to comply with that judgment, as well as Turkey’s later imposition of a life sentence in 2022, constitutes ongoing violations of Mr. Kaval’s rights. Mr. Kaval’s continued imprisonment illustrates the broader systemic failures in Turkey’s legal system by using excessive and prolonged detention. Furthermore, Osman Kaval’s imprisonment has become a defining test of whether the European Court of Human Rights’ judgements carry meaningful authority when member states fail to comply with its orders.
For more information:
Kavala v Türkiye (Third Party Intervention)
