Türkiye: European Court Orders Rights Defender’s Immediate Release

European Court Orders Immediate Release of Turkey’s Prominent Rights Defender

On Tuesday the Grand Chamber of the European Court of Human Rights (ECHR) delivered a binding judgment demanding Turkey free Osman Kavala “as soon as possible.” The court declared his aggravated‑life sentence “null and void,” ruled that his continued detention amounts to inhuman or degrading treatment, and ordered that the conviction be quashed. The decision revives a legal battle that has stretched nearly nine years and places Ankara under fresh pressure from the Council of Europe, human‑rights bodies and a string of foreign governments.

The order matters because it is the third time the ECHR has declared Kavala’s detention unlawful and the first time the court has explicitly demanded his release again after Turkey’s repeated non‑compliance. The ruling is final, binding under the European Convention on Human Rights, and carries the weight of a 15‑to‑2 vote from the court’s Grand Chamber. Failure to act could trigger fresh infringement proceedings and further isolate Turkey within the European human‑rights system.

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What the judgment says

The court found that the prosecution’s case was built on “a flagrant denial of justice,” that the trial violated Kavala’s rights to a fair hearing, freedom of expression and association, and that the life‑without‑parole sentence constitutes “inhuman or degrading treatment.” It also highlighted “objectively justified doubts” about the independence of Turkey’s judiciary.

"Today, in its latest ruling, the European Court of Human Rights has comprehensively established that Osman Kavala has been languishing in prison for almost nine years on the basis of a politically motivated trial,"

Eve Geddie, director of Amnesty International’s European Institutions Office, via HRW

In addition to ordering his immediate release, the court ordered Turkey to pay Kavala more than €110,000, a sum mentioned in the Greek outlet Tovima.

Reactions from civil‑society and governments

Human‑rights groups hailed the decision as a vindication of the long‑standing campaign for Kavala’s freedom. Human Rights Watch warned that “the European Court has now demanded his immediate release three times,” urging the Council of Europe and its member states to push Ankara to comply.

"It is vital that the Council of Europe and its member states act to ensure that the court’s judgments are respected and that Osman Kavala—finally—is freed."

Aisling Reidy, senior legal adviser at Human Rights Watch, via HRW

Ayşe Bingöl Demir of the Turkey Litigation Support Project called the judgment a “comprehensive confirmation” that Kavala’s case was “politically motivated and completely flawed from start to finish.”

"Europe's highest human rights court has confirmed beyond doubt that Kavala’s arrest, detention, prosecution, and conviction as part of the Gezi trial was politically motivated and completely flawed from start to finish,"

Ayşe Bingöl Demir, director at the Turkey Litigation Support Project, via HRW

Greek Foreign Minister George Gerapetritis said Athens would keep diplomatic channels open while defending its sovereign rights, signalling that the judgment could reverberate beyond Turkey’s borders.

Within the European Parliament, rapporteur Nacho Sánchez Amor, a long‑time critic of Turkey’s justice system, visited Kavala in late 2023 and has repeatedly called for his release. In 2024, rapporteur Stefan Schennach reaffirmed that call, noting that both Kavala and HDP co‑chair Selahattin Demirtaş remain behind bars.

Legal history in brief

• Oct 18 2017 – Kavala arrested on accusations of funding the 2013 Gezi Park protests.
• Dec 10 2019 – ECHR rules his pre‑trial detention violates Articles 5/1, 5/4 and 18; orders immediate release.
• May 11 2020 – The 2019 judgment becomes final.
• Feb 2 2022 – Council of Europe’s Committee of Ministers opens infringement proceedings for Turkey’s non‑compliance.
• July 11 2022 – Grand Chamber confirms Turkey’s failure to obey the 2019 ruling.
• Feb 28 2020 – Istanbul 30th Assize Court acquits Kavala; he is immediately rearrested on new charges.
• Mar 2020 – Placed in pre‑trial detention for alleged political espionage.
• Apr 25 2022 – Sentenced to aggravated life imprisonment for “attempting to overthrow the government.”
• Jan 18 2024 – Files a new individual application with the ECHR concerning post‑2019 developments.
• Aug 25 2026 – Grand Chamber delivers the latest judgment, ordering release.

What the court says about Turkey’s judiciary

The judgment does not stop at Kavala. It identifies “systemic flaws” in Turkey’s courts, noting that “the deficiencies... Amounted to a deep shift in the legal framework” and that the case “is not merely an isolated incidence of injustice, but rather a symptom of a larger systemic problem.” The court warned that the practice of equating lawful civil‑society activity with serious criminal offenses creates a chilling effect on freedoms of expression and assembly protected by Articles 10 and 11 of the Convention.

By rejecting the government’s argument that the violent turn of the 2013 protests placed Kavala’s conduct outside the scope of protected activity, the ECHR reinforced a key principle: individuals who remain peaceful cannot be penalised for the violent actions of others.

What comes next?

Turkey’s constitution and criminal code provide for the execution of international judgments, yet Ankara has repeatedly claimed the 2019 ruling is not binding until Turkish courts confirm it. The Committee of Ministers, the Council of Europe’s supervisory body, will now review Turkey’s response. If Ankara fails to release Kavala within a “reasonable period,” the Committee can launch fresh infringement proceedings, potentially leading to sanctions or the suspension of Turkey’s voting rights in the Council.

Human‑rights observers expect the Turkish Presidency to issue a statement within the next week, outlining whether and how it intends to comply. The European Parliament’s Turkey rapporteurs have promised to raise the case in the forthcoming plenary session on 15 September 2026. Meanwhile, civil‑society groups in Istanbul plan a series of public demonstrations outside Silivri Prison, hoping to keep the pressure on the authorities.

In short, the August 25 judgment sharpens the legal and diplomatic spotlight on Turkey. Whether Ankara translates the court’s order into Kavala’s freedom will test the credibility of the European human‑rights system and could set a precedent for other high‑profile cases, such as that of Selahattin Demirtaş.