Turkey May Reconsider Its Participation in the ECHR

Turkey May Reconsider Its Participation in the European Human Rights System

Turkey’s Presidential Chief Legal Adviser Mehmet Uçum has warned that Ankara could reconsider its participation in the European Convention on Human Rights and the right to submit individual applications to the European Court of Human Rights.

Uçum made the statement following a ruling by the Grand Chamber of the European Court of Human Rights concerning Turkish philanthropist and businessman Osman Kavala.

European Court Calls for Kavala’s Release

In its ruling published on August 25, the Grand Chamber of the European Court of Human Rights found that the legal basis for Kavala’s life sentence did not comply with the European Convention on Human Rights. The court also found violations of several provisions of the convention, including the right to freedom of expression and the right to a fair trial.

The court again called for Kavala’s release. The ruling is final.

Mehmet Uçum said that politically motivated rulings by the European Court of Human Rights could force Turkey to reconsider its participation in the European Convention on Human Rights and the right to individual applications.

Uçum Criticizes the Strasbourg Court

Uçum described the ruling as the latest example of what he considers the European Court’s biased approach toward Turkey. He argued that Kavala had been convicted by independent Turkish courts for his alleged role in planning, organizing and financing the 2013 Gezi Park protests, which were accompanied by acts of violence.

According to Uçum, Kavala was sentenced to aggravated life imprisonment under Article 312 of the Turkish Criminal Code for attempting to overthrow the government. The conviction was upheld following appeals and review by Turkey’s Court of Cassation.

Uçum also argued that the European Court of Human Rights had disregarded its own case law concerning the role of national authorities in interpreting domestic legislation. In his view, the Strasbourg court should focus on whether interpretations by national courts are compatible with the European Convention on Human Rights.

Kavala Has Been Detained Since 2017

Osman Kavala has been detained since 2017. The European Court of Human Rights has previously ruled on several occasions that his detention was unlawful and politically motivated and has called for his release.

The latest decision of the European Court of Human Rights, issued on August 25, is final. Mehmet Uçum’s comments have nevertheless raised questions about the future of Turkey’s relationship with the European human rights system.

Important: Uçum’s statement represents a political and legal position on the European Court of Human Rights ruling. It does not itself constitute a decision to withdraw Turkey from the European Convention on Human Rights.