The case of Kavala v. Turkey and the need for infringement proceedings under article 46.4 ECHR

Further to our letter dated 23 February 2021, Amnesty International wants to renew the call for the initiation of infringement proceedings under article 46 § 4 of the European Convention on Human Rights (ECHR) in the case of Kavala v. Turkey at the forthcoming 1411th DH meeting of the Committee of Ministers on execution of judgments to be held from 14 to 16 September.

The absence of any progress towards the release of Osman Kavala, who instead has been subjected to further judicial harassment, despite of the European Court of Human Rights’ binding judgment, six decisions and an Interim Resolution by the Committee of Ministers calling for his immediate release, is symptomatic of a judicial system unwilling or unable to safeguard against political persecution.

Additionally, the Committee of Ministers should, at their 14-16 September DH meeting, call on Turkey to immediately release Selahattin Demirtaş, as requested by the Grand Chamber in December 20202. His arbitrary detention for the last five years must urgently come to an end.