#Turkey A strong judgment from ECtHR, calling for the immediate release of OSF Board member #OsmanKavala.
Ct finds beyond reasonable doubt that unlawful pre-trial detention pursued an ulterior purpose - to reduce him and all HRDs to silence.
@BarHumanRights @article19europe
Ct finds beyond reasonable doubt that unlawful pre-trial detention pursued an ulterior purpose - to reduce him and all HRDs to silence.
@BarHumanRights @article19europe
Many international human rights organisations, inc @BarHumanRights, have been fiercely critical of the indictment, and the failure to rely on any material evidence in Kavala’s case.
This is now backed by the ECtHR assessment on the absence of facts, information or evidence.
This is now backed by the ECtHR assessment on the absence of facts, information or evidence.
Another important aspect - despite previously finding in Mehmet Altan and Sajjan Alpay’s cases that Art 5(4) had been complied with, the ECtHR now explicitly says Turkish Constit Ct does not have carte Blanche when dealing with similar complaints where liberty is at stake.
Turkish Constitutional Court had failed to take proper account of importance of liberty: Kavala had been held in pre-trial detention without possibility of appearing before a court whilst all his requests for release had been rejected for the “same stereotyped reasons.”
Of heightened significance are paras.220-232 on Article 18 - the ulterior purpose of detaining #OsmanKavala was to silence and dissuade other NGOs & HRDs. The Ct politely savages the indictment & the prosecutor’s credibility, underlying failure to plausibly explain timeline.
Strikingly, the Court explicitly connects President Erdogan’s public statements condemning Kavala, and connecting him with “the famous Hungarian Jew”, George Soros with the ulterior purpose of silencing HRDS. 
