European Central: Council of Europe To Discipline Turkey
@ Mariano Sayno / husayno.com
Turkey has found itself in hot water with the Council of Europe as a result of refusing to release Osman Kavala from prison. The European Court of Human Rights ordered his release in 2019 but Turkey refused to comply. As a result, the Council of Europe has initiated disciplinary action against Turkey. This is only the second time the group has done so, the first time taking disciplinary action against Azerbaijan when the country refused to release Ilgar Mammadov. Nations that are members of the Council of Europe are legally bound by rulings by the European Court of Human Rights. As it has been two years since the court ruled on the matter and Turkey has refused to release him the Council of Europe has decided to apply pressure to the country. If Turkey does not release Osman Kavala, the nation may lose its membership or have its voting rights in the Council of Europe suspended.
Osman Kavala is known as an activist and philanthropist in Turkey. His troubles started after the Turkish government accused him of giving financial aid to the attempted coup in 2016. He is viewed as the George Soros of Turkey, however unlike Soros, Kavala has been imprisoned for years. Besides running his family’s enterprise since his father’s death, he has worked extensively for and chairs a not-for-profit organization called Anadolu Kültür which aims to stop prejudice through culture and art. The organization hopes to connect regions and help people view diversity as a beneficial aspect of the country instead of a problem.
Considering President Erdogan uses minorities as the scapegoats for domestic problems in Turkey, it is sadly not surprising that Kavala is seen as a threat. Erdogan has used state funded media to help spread conspiracy theories about the role of minorities in the coup. This is alarming because on average Turks watch 4 hours of television daily, but 2/3 of this time is spent watching programs that glorify the Ottoman Empire and Islamist views. A documentary entitled “Mastermind” that aired on Turkish television claimed that the world has been dominated for the past 3,500 years by Jews. Another series called “The Last Emperor” provokes tweets threatening violence including threats to kill Jews who live between the Niles and Euphrates rivers, making it into a Jewish Cemetery. Erdogan’s hateful rhetoric has also resulted in religious minorities targeted in real life. An example is the five attacks that have occurred at Saint Maria Catholic Church since the priest was murdered 16 years ago.
Turkey is furious with the Council of Europe’s decision to escalate the situation by initiating disciplinary proceedings. The nation views this as an interference in domestic matters. The problem is, Turkey agreed to be a member of the group and has to abide by the conditions of membership. As Turkey has been a member of the Council of Europe for 71 years, Erdogan should be familiar with what is expected of him. The Council of Europe on its website describes itself as “the continent's leading human rights organization”. Members are expected to respect democracy and the rule of law, which Turkey is clearly not doing in the case of Osman Kavala. Placing a political opponent is not something a democratic country would do, yet instead emulates Belarus, one of only two European countries not part of the Council of Europe.
While President Erdogan may personally want Osman Kavala to remain in prison as he is a political enemy, he may not want to forfeit membership to the Council of Europe. As Turkey has failed to gain membership to the European Union, being a member of the Council of Europe is Turkey’s strongest tie with Europe. Osman Kavala’s imprisonment has become a concern for the Council of Europe as still failed to formally charge him with a crime. Turkey cannot be a member of the Council of Europe which aims to promote human rights yet then after for years fail to charge a political prisoner and allow him a trial in court.
It is also important to point out that this is not the first time Turkey would be in trouble with the Council of Europe. The group threatened disciplinary action against the country in 2003. This was because Turkey initially refused to acknowledge the outcome of Loizidou v. Turkey. Titiana Loizidou is a Cypriot national who lost access to her properties in Northern Cyprus after Turkey seized control over this part of the island. However, she maintained that she still legally owned these properties after Turkey took over the northern part of the island yet was not permitted by the Turks to go to her properties. In the End Turkey was ordered to pay Titiana Loizidou over a million euros. The case still remains relevant today as Titiana Loizidou is still not allowed to access her proprieties. Instead, she has stated it looks like her properties are being occupied by other people or are still vacant.
If Turkey hopes to be on good terms with the Council of Europe, President Erdogan will have to change how he pursues action against Osman Kavala. Rather than imprison him indefinitely he has to allow him to have a trial. Besides this being the right course of action for Osman Kavala and to avoid disciplinary action from the Council of Europe, this would slowly help place Turkey back on the path towards becoming an EU member state. If not, Erdogan risks isolating Turkey from Europe.
