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Court says Turkish judiciary has a 'systematic problem' in ruling on philanthropist

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The European Court of Human Rights has criticized Turkey's courts over the imprisonment of philanthropist Osman Kavala

ISTANBUL -- The European Court of Human Rights on Tuesday criticized Turkey's courts over the imprisonment of prominent philanthropist Osman Kavala, saying it highlighted a “systemic problem” that was “marked by the detention and prosecution of political opponents, human-rights defenders and journalists.”

Kavala, 68, the founder of a nonprofit organization promoting peace and dialogue, was sentenced to life in prison without parole in 2022 on charges linked to 2013 protests and a coup attempt in 2016.

Human rights advocates and opposition groups say President Recep Tayyip Erdogan ’s government has weaponized the judiciary to target critics and rivals after more than two decades in power.

Reiterating a call for Kavala’s release it first made in 2019, the European court said his conviction should be regarded as “as null and void.” In a statement, the court said Turkey had violated several of Kavala’s fundamental rights.

The violations “also revealed structural shortcomings which affected the guarantees of independence and impartiality of the judiciary, and which were likely to facilitate the exerting of direct or indirect influence by the executive branch on certain judicial decisions, particularly in cases with a sensitive political dimension,” the France-based court added.

The Turkish government maintains that the justice system is impartial and independent. Erdogan has dismissed the court’s previous rulings, saying Turkey would not “recognize those who do not recognize our courts.”

Kavala was first detained in 2017 on accusations that he financed protests four years earlier that attempted to overthrow the government. He was acquitted in 2020, but was swiftly rearrested on charges linking him to Turkey’s 2016 coup attempt.

His acquittal was overturned and the case was merged with that relating to the coup attempt. He was sentenced to life in prison without parole in April 2022.

The case led to a diplomatic crisis in 2021 when Erdogan threatened to declare 10 foreign ambassadors, including the U.S., French and German representatives in Ankara, persona non grata after they called for Kavala's release.

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