Kavala Case as a Cause for Dıplomatıc Crısıs

Turkey’s President Recep Tayyip Erdoğan’s recent statement about the Osman Kavala declaration of the envoys of 10 countries has been dominating both domestic and foreign policy agenda. Erdoğan  on October  25 slammed the envoys of 10 countries over their statement on the ongoing case of businessman Osman Kavala.

Osman Kavala was arrested on  November 1, 2017. Businessman Osman Kavala who was arrested as part of the investigation of the Gezi Park events, the 17-25 December plots of the Fetullah Terrorist Organization (FETÖ) and the July 15 coup attempt is accused of being the manager and organizer of the Gezi Park events. Kavala is still in prison. Besides his businessman identity, Kavala is also known as a critical human rights activist.

 It is known that, the European Court of Human Rights requested that Kavala be released. This request has been ignored by Turkey, and can be seen as one of the reasons leading to recent diplomatic crisis. Previously, Kavala has been tied to billionaire George Soros after he helped to found the Turkish branch of Soros’ Open Society Foundations. That branch ceased operations in 2018 after Erdogan accused Soros of attempting to undermine the Turkish government.

The Council of Europe’s Committee of Ministers and the Strasbourg Court found that Osman Kavala’s extended detention had an “ulterior purpose, namely to reduce him to silence as an NGO activist and human rights defender, to dissuade other persons from engaging in such activities and to paralyse civil society in the country” .

Not only European Court of Human Rights, but also American officials addressed Kavala imprisonment as well.  The United States State Department spokesman Ned Price in February 2021 stated that “The specious charges against Kavala, his ongoing detention, and the continuing delays in the conclusion of his trial, including through the merger of cases against him, undermine respect for the rule of law and democracy.”

According to Kavala’s attorneys, the courts’ actions during the process of merging have been intended to keep Kavala in prison.  Kavala was kept in prison despite the European Court of Human Rights (ECHR) earlier decision stating that he should be released immediately. In such an environment, the ambassadors of 10 countries — US, Canada, Finland, Sweden, Denmark, Norway, New Zealand, the Netherlands, Germany, and France – issued a statement about Kavala’s imprisonment. After the statement, President Erdoğan noted that Turkey must declare the ambassadors, as “persona non grata” According to Erdoğan no nation can interfere in Turkey’s internal affairs. Erdoğan said: “I gave the necessary order to our foreign minister and said what must be done. These 10 ambassadors must be declared persona non grata at once. You will sort it out immediately.” After Erdoğan’s remarks, explanations were made by these countries. While the US, Canada, New Zealand and Netherlands embassies made a statement on their Twitter accounts that they would comply with the 41st article of the Vienna Convention, which includes the principle of “non-interference in internal affairs”, Germany, France, Norway, Sweden, Denmark and Finland retweeted the US Embassy’s statement.

Kavala Case has been an issue of human rights debate in Turkey. Most of the information about Kavala focuses on his alleged involvement in the Gezi Park protests and his involvement in the 2016 military coup attempt.  The European Court required Turkey to release Kavala and noted that any continuation of his detention would prolong the violations of the Convention. Despite these developments, the statement of the ten ambassadors cannot be accepted because this move is a direct action of the interference in internal affairs. Erdoğan’s decisive stance about this issue has made the countries retreat, however Kavala issue still stands as one of the critical issues that has the potential to shape Turkey’s position in international relations.

Dr.Begum Burak
Dr.Begum Burak
Dr. Begüm Burak is an independent researcher. In 2015, Ms. Burak got her PhD degree. During her occupation as a teaching assistant, she got engaged in short-term academic activities in Italy, United Kingdom, Bosnia and Spain. In 2018, she became one of the founding members of www.ilkmade.com. For her twitter visit: @begumburak1984