ECHR Grand Chamber rules Turkey must release Osman Kavala and pay damages
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The European Court of Human Rights Grand Chamber ruled that Turkey must release Osman Kavala immediately and annul his conviction. The court found Turkey violated the European Convention on Human Rights in Kavala's continued detention and conviction after 2019. Turkey must also pay damages for the violations.
Key Facts
- The ECHR Grand Chamber ruled on 25 August 2026 that Osman Kavala must be released immediately and his conviction annulled.
- The court found Turkey violated the European Convention on Human Rights in Kavala's continued detention and conviction after 2019.
- Turkey must pay damages for the violations, the court said.
- The ruling is the third ECHR decision in Kavala's case, following judgments in 2019 and 2022.
- The Committee of Ministers referred the case to the Grand Chamber on 2 February 2022 over Turkey's non-compliance with the 2019 judgment.
The Ruling
The ECHR Grand Chamber ruled on 25 August 2026 that Osman Kavala must be released immediately and his conviction annulled. The court found that Turkey violated the European Convention on Human Rights in Kavala's continued detention and conviction after 2019. Turkey must pay damages for the violations, the court said. The ruling is the third ECHR decision in Kavala's case, following judgments in 2019 and 2022.
Case Background
In 2019, the ECHR found violations of Article 18 and other provisions in Kavala's initial detention. In 2022, the court ruled that Turkey had failed to implement the 2019 judgment. The Committee of Ministers referred the case to the Grand Chamber on 2 February 2022 under Article 46(4) of the Convention. The Grand Chamber found that Kavala's actions were largely participation in public debate, support for civil society, information sharing, and advocacy related to the Gezi events. The court determined that no causal link was established between Kavala's actions and the violence during the Gezi protests, and no new convincing evidence was presented.
Broader Implications
The ruling highlights structural problems in Turkey's judiciary, including excessive detention, broad interpretation of criminal norms, and successive prosecutions of the same individuals. The court emphasized that ECHR judgments are binding under Article 46 of the Convention. The decision also notes that compliance with ECHR and Constitutional Court rulings is required by Article 2 of the Turkish Constitution, which establishes the rule of law. The article contrasts the Kavala case with the detention of retired Admiral Türker Ertürk and the rise in Turkey's prison population from 59,000 in 2002 to 427,000.
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ECHR Grand Chamber rules Turkey must release Osman Kavala and pay damages
