Turkish Court Keeps Man in Prison for 25 Years Despite Three Top Courts Ordering His Release
A Turkish court has asked the Justice Ministry about a European Court of Human Rights ruling in the Osman Kavala case, as another man remains imprisoned for 25 years despite rulings from Turkey's three highest courts ordering his release.
A Turkish court has asked the Ministry of Justice for a European Court of Human Rights (ECHR) ruling in the case of imprisoned businessman Osman Kavala, while a separate case has revealed that a man has spent 25 years behind bars despite orders for his release from Turkey's Constitutional Court, the ECHR, and the Court of Cassation [239253][239260].
Lawyer Köksal Bayraktar has applied to halt the execution of Kavala's sentence, citing a violation ruling from the ECHR, which is the top court of the Council of Europe [239253]. Istanbul's 13th High Criminal Court has responded by asking the Ministry of Justice for the ruling [239253].
The development comes as serious questions mount about Turkey's compliance with its own highest courts and international human rights rulings. In a separate case, a man who has been imprisoned for 25 years said he is still being held "unjustly and unlawfully" despite rulings from three separate courts ordering his release [239260].
"I have been imprisoned for 25 years," he said. "For 25 years, I have waged an exhausting legal battle" [239260].
The cases highlight a pattern in which Turkish courts and authorities appear to be defying binding legal rulings from both domestic and international judicial bodies. The Constitutional Court, the Court of Cassation, and the ECHR are all supposed to have binding authority over Turkey's judicial system, yet in these cases their orders have not been carried out [239260].
The Kavala case has drawn international attention as a test of Turkey's commitment to the rule of law. The ECHR ruled that Turkey violated Kavala's rights, but his continued imprisonment has raised concerns about whether Turkish authorities will comply with the judgment [239253].
For the man who has spent a quarter-century in prison, the legal battle continues with no resolution in sight [239260].