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Turkey's Rejection of European Court Ruling Signals Wider Break with Europe

2 min
Turkey's Rejection of European Court Ruling Signals Wider Break with Europe

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Turkey's government rejected a European Court of Human Rights ruling ordering the release of businessman Osman Kavala, who has been detained for nearly a decade. The move reignites debate over Turkey's ties to Europe, as the AKP government pursues a systematic strategy of distancing the country from European institutions. The dispute centers on Turkey's constitutional obligation to comply with ECHR decisions, a commitment the government now appears to be abandoning.

Key Facts

  • Osman Kavala has been detained for approximately ten years, and the ECHR ruled his detention unlawful and ordered his release.
  • Turkey is a founding member of the Council of Europe, established in 1949, and is a party to the European Convention on Human Rights.
  • Under Turkey's constitution, the country is obligated to comply with ECHR decisions, and non-compliance would eliminate Turkey's credibility in interstate relations.
  • The AKP government's distancing from Europe is described as a systematic and planned strategy aimed at aligning Turkey with the Middle East.
  • The AKP uses religious rhetoric, citing Turkey's Muslim majority, to argue that Turkey is not part of Europe, despite the presence of Muslim-majority countries like Albania and Bosnia-Herzegovina in Europe.

The Kavala Ruling

The European Court of Human Rights found the detention of businessman Osman Kavala unlawful and ordered his release. Kavala has been held for nearly ten years, and the AKP government reacted negatively to the ruling. The ECHR operates under the Council of Europe, an organization founded in 1949 to uphold human rights, democracy, and the rule of law. Turkey is a founding member of the Council of Europe and a party to the European Convention on Human Rights.

Constitutional Obligations

Turkey's constitution requires compliance with the European Convention on Human Rights and ECHR decisions. The AKP government's refusal to comply would eliminate Turkey's credibility in interstate relations, according to the article. The article states that this is a matter above government politics and concerns state-to-state relations.

Strategic Break with Europe

The AKP government's severing of ties with Europe is described as a systematic and planned strategy. The goal is to distance Turkey from Europe and align it with the Middle East. The article argues that the AKP cannot remain in power under a system with democracy, freedom of expression, free elections, human rights, independent judiciary, rule of law, and secularism. President Recep Tayyip Erdoğan previously stated that democracy is a 'tram you can get off at your stop', a remark the article says was not taken seriously at the time.

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