Council of Europe to launch infringement proceedings against Turkey

The Committee of Ministers of the Council of Europe has reportedly decided to launch infringement proceedings against Turkey on the grounds of its failure to implement the ECtHR ruling of rights violation and immediate release for Osman Kavala.

Following its three-day meetings, the Committee of Ministers of the Council of Europe has decided to initiate infringement proceedings against Turkey on the grounds of its failure to implement the ruling of rights violation and immediate release given by the European Court of Human Rights (ECtHR) for jailed businessperson Osman Kavala, who has been behind bars in Silivri Prison in İstanbul for 1,493 days as of today (December 2).

As reported by Euronews, the decision to launch the infringement proceedings was voted at the meeting of the Committee of Ministers of the Council of Europe, which is responsible for overseeing the implementation of the ECtHR rulings. While two thirds of the votes were necessary to launch the proceedings, over 32 of the 47 members of the Council of Europe, more than the necessary number, have voted in favor of the decision.

The official statement is expected to be released tomorrow. With the decision to launch infringement proceedings against Turkey, an official notification will be issued to the country about the decision and Turkey will be requested to respond within a specified time period.

In the second phase, by the power vested in it by the Article 46 of the European Convention on Human Rights (ECHR), the Committee of Ministers will give another decision to file a joint complaint against Turkey at the ECtHR. Two thirds of the votes are necessary for this decision.

In the event that the ECtHR expresses the opinion that an infringement is the case on the part of Turkey, the Committee of Ministers will consider the measures to be taken against Turkey. Among the measures and sanctions to be considered is also the termination of Turkey's membership of the Council of Europe or the suspension of its right to vote.

Turkey is a member of the Council, consisting of 47 states, and according to its own Constitution, it is obligated to abide by ECtHR judgements.