The European Court of Human Rights’ Grand Chamber ruled by 15 votes to 2 that Turkey had violated the European Convention on Human Rights. The court found Kavala’s detention to be “wholly arbitrary” and said his conviction should be regarded as invalid under the Convention and that he should be released as soon as possible. Turkey was also ordered to pay 113,342 euros ($132,000) in compensation.
MLSA — The Grand Chamber of the European Court of Human Rights announced its judgment in the case brought by Osman Kavala, ruling by 15 votes to 2 that Turkey had violated the European Convention on Human Rights. Two of the court’s 17 judges dissented.
The court found violations of Article 10 of the Convention, which protects freedom of expression, and Article 11, which guarantees freedom of assembly and association.
It also found violations of Article 6(1), which guarantees the right to a fair trial; Article 5(1), which protects the right to liberty and security; and Article 18, which concerns restrictions imposed on Convention rights for purposes other than those permitted under the treaty.
The ECtHR further ruled that imposing an aggravated life sentence without the possibility of parole violated Article 3 of the Convention, which prohibits torture and inhuman or degrading treatment.
‘Detention wholly arbitrary, Kavala must be released immediately’
The court said Kavala’s detention had been “wholly arbitrary” since Dec. 10, 2019, noting that his continued imprisonment during that period was not based on reasonable grounds pursuing any of the legitimate aims set out in the Convention.
It also said Kavala’s detention to enforce a sentence imposed following proceedings in which his right to a fair trial had been seriously violated could not be considered “lawful” under the European Convention on Human Rights.
Given the seriousness of the violations and the urgency of bringing them to an end, the ECtHR ruled that Turkey must ensure Kavala’s release “as soon as possible.”
The court also said Turkey must take all necessary measures as soon as possible to eliminate the consequences of the measures imposed on Kavala and effectively remedy the violations it identified.
Conviction should be considered ‘invalid’
The ECtHR said Kavala’s conviction should be considered invalid under the European Convention on Human Rights.
The court recalled that Kavala was sentenced on April 25, 2022, to aggravated life imprisonment over charges related to the Gezi Park protests. The verdict was upheld by an appeals court on Dec. 28, 2022, and by the Court of Cassation on Sept. 28, 2023.
According to the ECtHR, Kavala’s conviction was based on acts involving the exercise of freedoms protected by the Convention. The court said domestic courts had treated Kavala’s participation in public debate, support for civil society initiatives and activities related to the Gezi Park protests as constituting the material elements of a serious criminal offense, without establishing that he had directly participated in acts of violence carried out by third parties.
The ECtHR concluded that this approach imposed criminal liability on Kavala that was “manifestly disproportionate and arbitrary.”
‘Structural problems with judicial independence’
The court said there were serious shortcomings in the criminal proceedings against Kavala with regard to the fairness of the trial and the independence and impartiality of the courts.
The judgment also pointed to a broader structural context in Turkey that has weakened the independence of the judiciary. The ECtHR said these deficiencies had undermined the very essence of Kavala’s right to a fair trial.
The court further said the case formed part of a broader pattern involving the detention and prosecution of political opponents, human rights defenders and journalists under criminal provisions that are interpreted broadly.
ECtHR concludes Kavala was targeted for silencing
The ECtHR concluded that the criminal investigation, detention and conviction of Kavala primarily pursued an ulterior purpose.
According to the court, the measures were intended to punish and silence Kavala because of his role in the Gezi Park protests and for expressing his views as a human rights defender.
The ECtHR said Kavala’s prolonged deprivation of liberty, despite an acquittal by a domestic court and two binding ECtHR judgments finding serious violations in his case, raised serious concerns about the rule of law.
The judgment was adopted by 15 votes to 2. Judges Faris Vehabović and Saadet Yüksel dissented. The two judges issued a joint dissenting opinion, while Yüksel also wrote a separate dissent. The reasons for their dissent were included in an annex to the judgment.
113,342 euros in compensation
The ECtHR ordered Turkey to pay Kavala 70,000 euros in compensation for non-pecuniary damages and 43,342.57 euros for legal costs and expenses.
Grand Chamber judgments are final. Final ECtHR judgments are referred to the Committee of Ministers of the Council of Europe, which supervises their implementation.
Kavala has been imprisoned since 2017
Osman Kavala has been held continuously in prison since Oct. 18, 2017.
Kavala, a businessman and human rights defender, has been involved in founding numerous civil society organizations and movements working in the fields of human rights, culture, social studies, historical reconciliation and environmental protection.
The ECtHR had previously issued rulings in Kavala’s case. In a Dec. 10, 2019, judgment, the court found that the suspicions cited as grounds for his detention were not reasonable and that his continued detention violated the European Convention on Human Rights.
Following a referral by the Committee of Ministers of the Council of Europe, the ECtHR ruled on July 11, 2022, that Turkey had failed to fulfill its obligation to comply with the 2019 judgment.
The Grand Chamber judgment issued Tuesday examined developments after December 2019 and concluded that Kavala’s detention and conviction violated the Convention. The court also reaffirmed the findings in its previous judgments.
Kavala filed his application with the ECtHR on Jan. 18, 2024. On Dec. 16, 2025, the ECtHR’s Second Section referred the case to the Grand Chamber. A hearing was held on March 25, 2026, at the Human Rights Building in Strasbourg, France.
Third-party submissions in Kavala case before the ECtHR
The Grand Chamber of the European Court of Human Rights (ECtHR) said that numerous international and national organizations, including MLSA, had submitted written observations as third parties (amicus curiae) in the Kavala case. The organizations that intervened in the proceedings before the Grand Chamber included:
- European Criminal Bar Association
- Rights Defenders Initiative (RDI)
- Human Rights Joint Platform (İHOP)
- Media and Law Studies Association (MLSA)
- European Association of Administrative Judges (AEAJ)
- European Association of Judges (AEJ)
- Judges for Judges Foundation
- Magistrats européens pour la démocratie et les libertés (MEDEL)
