Debates Parlamentares - Diário 018, p. 146 (2024-02-27)

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13. The Assembly therefore calls on Türkiye to:

13.1. respect its international obligations under the Statute of the Council of Europe (ETS No. 1) andunder the European Convention on Human Rights;

13.2. in accordance with Article 46(1) of the Convention, comply with binding judgments of the Court,and, in particular, to immediately release the human rights defender, Osman Kavala, who remainsunlawfully detained in Türkiye;

13.3. urgently improve the legal framework and conditions for respect for the rule of law, theindependence of the judiciary, the protection of human rights and compliance with the Court’sjudgments within Türkiye, so that judges can act in accordance with their constitutional roles, withsufficient guarantees that their independence will not be interfered with, that judges and prosecutors arenot enabled or do not feel encouraged to misuse the law for ulterior purposes, and to ensure thatsystemic failures are addressed, including through urgent reform of the Council of Judges andProsecutors, using the relevant expertise of the Council of Europe.

14. The Assembly calls on Council of Europe member and observer States and the European Union to:

14.1. engage with the Turkish authorities at the highest levels to urge the immediate release of humanrights defender, Osman Kavala;

14.2. undertake, as a matter of urgency, action to support improvements to the protection of the ruleof law and of human rights in Türkiye;

14.3. apply, should Türkiye fail to release Osman Kavala, “Magnitsky legislation” or other existinglegal instruments to impose targeted sanctions against those officials, including prosecutors andjudges, who are responsible for the unlawful and arbitrary deprivation of liberty of Osman Kavala.

15. This fundamental issue is also part of the dialogue between the European Union and Türkiye and, inthis context, the Assembly calls on the European Union to take full account of this serious situation whendetermining its financial support to Türkiye so that priority is given to work that promotes pluralism in a societywhich respects human rights and the rule of law.

16. If Osman Kavala has not been released from prison by 1 January 2024, this Assembly recalls its abilityto challenge the credentials of the Turkish delegation at its first Part Session of 2024.

17. For its part, the Assembly stands ready to work together closely with the Committee of Ministers, theSecretary General and Türkiye in ensuring the execution of the Kavala judgment and in securing theprotection of the Convention system as a whole, and ultimately the credibility of the Organisation, in line alsowith the Reykjavík Declaration and the emphasis put on the execution of the Court judgments.

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13. The Assembly therefore calls on Türkiye to:13.1. respect its international obligations under the Statute of the Council of Europe (ETS No. 1) andunder the European Convention on Human Rights;13.2. in accordance with Article 46(1) of the Convention, comply with binding judgments of the Court,and, in particular, to immediately release the human rights defender, Osman Kavala, who remainsunlawfully detained in Türkiye;13.3. urgently improve the legal framework and conditions for respect for the rule of law, theindependence of the judiciary, the protection of human rights and compliance with the Court’sjudgments within Türkiye, so that judges can act in accordance with their constitutional roles, withsufficient guarantees that their independence will not be interfered with, that judges and prosecutors arenot enabled or do not feel encouraged to misuse the law for ulterior purposes, and to ensure thatsystemic failures are addressed, including through urgent reform of the Council of Judges andProsecutors, using the relevant expertise of the Council of Europe.14. The Assembly calls on Council of Europe member and observer States and the European Union to:14.1. engage with the Turkish authorities at the highest levels to urge the immediate release of humanrights defender, Osman Kavala;14.2. undertake, as a matter of urgency, action to support improvements to the protection of the ruleof law and of human rights in Türkiye;14.3. apply, should Türkiye fail to release Osman Kavala, “Magnitsky legislation” or other existinglegal instruments to impose targeted sanctions against those officials, including prosecutors andjudges, who are responsible for the unlawful and arbitrary deprivation of liberty of Osman Kavala.15. This fundamental issue is also part of the dialogue between the European Union and Türkiye and, inthis context, the Assembly calls on the European Union to take full account of this serious situation whendetermining its financial support to Türkiye so that priority is given to work that promotes pluralism in a societywhich respects human rights and the rule of law.16. If Osman Kavala has not been released from prison by 1 January 2024, this Assembly recalls its abilityto challenge the credentials of the Turkish delegation at its first Part Session of 2024.17. For its part, the Assembly stands ready to work together closely with the Committee of Ministers, theSecretary General and Türkiye in ensuring the execution of the Kavala judgment and in securing theprotection of the Convention system as a whole, and ultimately the credibility of the Organisation, in line alsowith the Reykjavík Declaration and the emphasis put on the execution of the Court judgments.II SÉRIE-D — NÚMERO 18 ____________________________________________________________________________________________________________146

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