04 Dec The Non-Implementation of ECtHR Judgments in Turkey

The Republic of Turkey, as a party to the European Convention on Human Rights (ECHR), is bound by the decisions of the European Court of Human Rights (ECtHR). Recent developments in the cases of Osman Kavala and Selahattin Demirtaş have brought to light the failure of Turkish courts to implement ECtHR judgments, thereby raising significant legal concerns regarding the adherence to international human rights standards and the rule of law within the Turkish judicial system.

Osman Kavala’s Case:

Osman Kavala is a human rights defender, peace advocate, a distinguished businessman and advocate for civil society, has been convicted in 2022 to aggravated life imprisonment, ostensibly related to his alleged involvement in the 2013 Gezi Park protests. The ECtHR, in its ruling of December 2019, concluded that Kavala’s detention was politically motivated and ordered his immediate release. Regrettably, Turkish authorities have yet to implement this judgment, resulting in a continued infringement upon Kavala’s rights and raising concerns about the judiciary’s independence.

Selahattin Demirtaş’s Case:

Selahattin Demirtaş, the former co-chair of the Peoples’ Democratic Party (HDP), has been detained since 2016 on charges of terrorism-related offenses. The ECtHR, in a decision rendered in 2018, determined that Demirtaş’s pre-trial detention was disproportionate and mandated his release. Despite this clear legal directive, Turkish courts have failed to implement the ECtHR judgment, thereby perpetuating a situation that contradicts both international human rights norms and the principles of the rule of law.

This has several implications on the Rule of Law principles and the judiciary in Turkey. The non-implementation of ECtHR judgments in the aforementioned cases undermines the foundational principles of the rule of law. The rule of law requires that legal decisions be applied impartially and consistently, irrespective of political considerations. The failure to enforce ECtHR decisions not only jeopardizes the credibility of the Turkish judiciary but also raises concerns regarding the state’s commitment to international human rights standards. The cases of Osman Kavala and Selahattin Demirtaş pose significant legal challenges to the Turkish judicial system and its adherence to international human rights standards. The non-implementation of ECtHR judgments not only constitutes a violation of the rights of the individuals involved but also raises profound concerns about the integrity of the Turkish legal framework.

The international community has expressed apprehension regarding the Turkish government’s failure to implement ECtHR judgments in these high-profile cases. Governments, non-governmental organizations, and international bodies have underscored the importance of adhering to international legal obligations and have called for the release of Kavala and Demirtaş.