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By a majority of two-thirds of its members, the Committee of Ministers of the Council of Europe decided this Thursday, December 2 to launch an infringement procedure against Turkey because of its refusal to release the businessman and patron Osman Kavala.
This decision was expected, hoped for by Osman Kavala and his relatives, some of whom feared that the Council of Europe would prefer to spare Turkey, reports our correspondent in Istanbul, Anne Andlauer. The Committee of Ministers, responsible for monitoring the execution of judgments of the European Court of Human Rights (ECHR), has finally launched an infringement procedure.
At issue: the repeated refusals of Turkish justice to release Osman Kavala. Or rather, his maneuvers to keep the patron in preventive detention for more than four years, while he received no conviction and was even acquitted at first instance last year.
In December 2019, the European Court of Human Rights called for his release “ immediate “. She had motivated her request by considering that the imprisonment ofOsman Kavala continued ” an ulterior aim, namely, to silence it and deter other human rights defenders ».
The 64-year-old philanthropist is being prosecuted in particular for ” attempt to overthrow the government ” and ” military and political espionage ».
With this infringement procedure, the country of President Recep Tayyip Erdogan is threatened with heavy sanctions. This extremely rare and rather long procedure – of the order of several months – can go as far as the suspension or expulsion of Turkey from the Council of Europe, of which it has been a member since 1950.
As it does every month, the Turkish courts will examine Osman Kavala’s release request on December 23. As for the trial, it will resume on January 17 in Istanbul.
► Read also: Businessman Osman Kavala remains in prison, Turkish justice ignores the injunctions of the ECHR
Ankara asks the Council of Europe to avoid any “ interference”
The ministerial committee of the Council of Europe is due to vote on this infringement procedure against Turkey on Friday. This Thursday evening, in a statement, Ankara called on the Council of Europe to refrain from any ” interference In his court cases.
« Out of respect for the ongoing judicial process, we invite the Council of Europe to avoid taking a decision which would constitute interference with independent justice. “Writes the Turkish Foreign Ministry. The latter believes that the council has adopted a “ inconsistent approach by insisting on keeping the decision on Kavala on the agenda. First of all, this harms the Council of Europe itself as the existing mechanisms […] be used against certain countries on the basis of political concerns, not in accordance with a legal and fair deal. »
This is the first time that Ankara has publicly mentioned this threat from the Council of Europe.
For calling for Osman Kavala’s release last month, ten western ambassadors, including that of the United States, France and Germany, were threatened with deportation by Recep Tayyip Erdogan. The Turkish president accused them of interfering in “ independent justice of Turkey », Before changing his mind in extremis.
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