Council of Europe rapporteur calls for release of Demirta and Kavalas during their visit

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The legislative and executive bodies of the Council of Europe reiterated on June 18 their calls to the Turkish government for the release of the former co-chair of the Peoples' Democratic Party (HDP), Selahattin Demirtaş, and businessman Osman Kavala, following their continued detention despite the European Court of Human Rights. (ECHR).

Stefan Schennach, rapporteur for Turkey of the Parliamentary Assembly of the Council of Europe (PACE), reiterated the need for Turkey to comply with ECHR decisions, including those concerning Demirtaş and Kavala, during his visits in Ankara province and in Istanbul, the capital. June 11-14. The Committee of Ministers of the Council of Europe also noted last week that Kavala and Demirtaş should be released.

The Austrian politician met with Turkish officials to discuss the implementation of ECHR judgments and the continuation of high-level dialogue with the Council of Europe. He said he had the opportunity to meet Kavala and Demirtaş in prison, thanks to ruling Justice and Development Party (AKP) MP Tuğrul Türkeş, head of the Turkish PACE delegation.

During his meetings, Schennach reminded Turkish officials that implementing ECHR rulings is a legal obligation under the European Convention on Human Rights. He urged them to take all necessary measures to implement the decisions regarding Kavala and Demirtaş. He pointed out that Kavala had been in prison since October 2017 and that the ECHR had issued two decisions in favor of his release. Schennach also strongly condemned the 42-year prison sentence handed down to Demirtaş in the Kobanê case.

Schennach stressed that the solution to the Kavala and Demirtaş cases lies in the Turkish judicial system and that legal solutions could be found for these cases, which are on the agenda of the Committee of Ministers.

Schennach also discussed his concerns about prison overcrowding and long periods of detention with representatives of civil society organizations. He said his visit was an important step in the dialogue between the Council of Europe and the Turkish authorities, hoping for continued cooperation to strengthen the protection of human rights and shared European values.

The Council of Europe initiated infringement proceedings against Turkey in early 2022 for non-implementation of ECHR judgments concerning Kavala. It referred the case to the Committee of Ministers, which found Turkey's serious violation of its obligations under Article 46 of the ECHR. The Committee had prioritized dialogue with Turkey and delayed sanctions.

President Recep Tayyip Erdoğan, speaking at a press conference in Spain, said the judiciary had ruled on the cases of Kavala and Demirtaş, whom he called “terrorists.” The Committee of Ministers reiterated its call for their release.

The cases of Kavala and Demirtaş were also discussed at the Committee of Ministers meetings from June 11 to 13, where similar calls for their release were made. The Committee highlighted Turkey's non-compliance with ECHR judgments on Kavala since 2019 and 2022, noting the lack of evidence linking it to the Gezi events and the attempted coup.

The Committee stressed that the proceedings before the Turkish Constitutional Court could provide an important opportunity for the release of Kavala, expressing concern that Kavala's request, submitted two years ago, had not yet been processed, and urged the court to respond promptly.

The Committee of Ministers also examined the cases of Demirtaş and Figen Yüksekdağ, requesting detailed information from the Turkish authorities on the judgments handed down against the former HDP co-chairs. The Committee called on the Constitutional Court to expedite the processing of their requests without further delay.