Recommendation 2261 (2023)1Provisional version

Call for the immediate release of Osman Kavala

Parliamentary Assembly

1. The Parliamentary Assembly reiterates that the persistent refusal of a Council of Europe member Stateto implement a judgment of the European Court of Human Rights (“the Court”) notwithstanding an Article46(4) judgment of the Court in infringement proceedings is unprecedented. Moreover, the fact that thisparticular judgment, Osman Kavala v. Turkey, found a violation of Article 18 of the European Convention onHuman Rights (ETS No. 5, “the Convention”) – namely that the proceedings against him constituted a misuseof the criminal justice system, undertaken for the purpose of reducing Osman Kavala to silence, indicates aserious systemic rule of law issue.

2. The Assembly regrets that the Turkish prosecutorial, judicial and executive authorities have been so farunable or unwilling to effectively comply with the judgments of the Court, the rule of law and human rights. TheCouncil of Europe must support Türkiye in improving its processes for respecting the rule of law and humanrights and in particular for implementing the judgments of the Court.

3. The Assembly concludes that country monitoring, focusing on measures to execute judgments of theCourt, should urgently be undertaken to establish a meaningful and effective process for improving thesesystems within Türkiye, with the full and earnest co-operation of the Turkish authorities. This measure isnecessary in light of the wider rule of law concerns patently evident in the Kavala case. This mechanismshould cover the execution of judgments in general and not only the Kavala judgment. It should look at themeans for addressing both the general measures and individual measures necessary to execute Courtjudgments.

4. The Assembly is deeply concerned that the ramifications of this case go beyond Türkiye. Thecontinued, persistent refusal by the Turkish authorities to implement the Court’s judgments in this uniquelyegregious case constitutes a significant risk to the credibility and mission of the Council of Europe as a whole.It is therefore incumbent upon the leaders of the Organisation to intervene to resolve this situation, includingby securing the immediate release of the human rights defender, Osman Kavala.

5. Therefore, the Assembly calls on the Secretary General of the Council of Europe to take all the actionswithin her power to seek to secure the effective implementation of this judgment.

6. It also calls on the Committee of Ministers to:

6.1. establish country monitoring in respect of the execution of judgments of the European Court ofHuman Rights by Türkiye under the 1994 Declaration process. This monitoring should focus on theexecution of both individual measures and general measures and should relate to all judgments againstTürkiye pending implementation, with a particular focus on those indicating significant problems with thesystem of implementing judgments of the Court or concerns for the functioning of the justice systemand the rule of law;

1. Assembly debate on 12 October 2023 (23rd sitting) (see Doc.15841, report of the Committee on Legal Affairs andHuman Rights, rapporteur: Ms Petra Bayr). Text adopted by the Assembly on 12 October 2023 (23rd sitting).

See also Resolution 2518 (2023).

6.2. engage in dialogue at the highest levels, including through engagement by groups of Ministers,Ambassadors, or former high-level politicians, to secure the implementation of the Court’s judgments inparticular through the immediate release of Osman Kavala and to resolve the situation of any othereventual political prisoners in Türkiye.

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