Top Turkish Court Upholds Spurious Conviction of Erdogan Critic

A top court in Turkey upheld the conviction of philanthropist and human rights activist Osman Kavala on spurious charges that include attempting to overthrow the government. Kavala’s conviction underscores the serious erosion of the rule of law in Turkey and is likely to increase tensions with Western partners and allies.

A lower court convicted Kavala and several other prominent individuals in April 2022 for their alleged links to the Gezi protests of 2013 and the failed coup of July 2016, two events that President Recep Tayyip Erdogan considers to be attempts to overthrow him. Kavala, who had been in pre-trial detention since 2017, was sentenced to life in prison without parole, but the European Court of Human Rights (ECHR) overturned his conviction in July 2022. Although ECHR decisions are binding on Turkey, judicial authorities in Ankara have refused to implement the ECHR’s decision to exonerate and release Kavala.

The higher court’s decision to uphold his conviction will increase pressure on the European Union (EU) to discipline Turkey and could result in the country’s dismissal from the Council of Europe, which oversees the ECHR. The State Department highlighted its ongoing concern over Ankara’s refusal to implement ECHR rulings, remarking, “his unjust conviction is inconsistent with respect for human rights and the rule of law.”

Although Kavala’s case represents Erdogan’s most egregious abuse of the courts, the Turkish leader has also exploited his control of the judiciary to punish other prominent dissidents and opponents. The detention of the chair of the Turkish Medical Association, Sebnem Korur Fincanci, and the political ban imposed on Istanbul mayor Ekrem Imamoglu (for allegedly insulting the minister of the interior) suggest Erdogan is determined to silence both dissidents and challengers to his bid for re-election — polls show Imamoglu would be a leading candidate among opposition alternatives.

Erdogan faces significant challenges in his campaign for a third term, mainly owing to the weakened state of the Turkish economy. Thanks to corruption and mismanagement at the highest levels, the value of the lira has collapsed, while inflation is at its highest point in decades. The imprisonment of high-profile figures such as Kavala and Korur serves to deter other influential individuals from criticizing the government, while the political ban on Imamoglu (which higher courts have yet to review) will prevent credible challengers from running against Erdogan.

Ankara has long counted on tepid responses from Washington to its continued human rights violations. The Biden administration has done little to address the issue over the past year because of its desire to keep Turkey on its side in the ongoing conflict in Ukraine. Yet with the latest decision to uphold the conviction of Kavala and the possible incarceration of Imamoglu could do irreparable damage to what is left of Turkish democracy. Joe Biden should personally communicate to Erdogan the need for free and fair elections in Turkey, including assurances that civil society organizations can monitor the upcoming presidential and parliamentary votes. Biden can back up his concern by withholding key defense sales to Turkey, such as the F-16 jets Ankara desires, until Erdogan releases wrongfully imprisoned individuals and stops threatening potential challengers, especially Imamoglu. Preserving democracy in Turkey, a major NATO ally, has far greater strategic value than anything to be gained by turning a blind eye to Erdogan’s abuses.

Sinan Ciddi is a non-resident senior fellow at the Foundation for Defense of Democracies (FDD), where he contributes to FDD’s Turkey Program and Center on Military and Political Power (CMPP). For more analysis from Sinan, the Turkey Program, and CMPP, please subscribe HERE. Follow Sinan on Twitter @SinanCiddi. Follow FDD on Twitter @FDD and @FDD_CMPP. FDD is a Washington, DC-based, nonpartisan research institute focused on national security and foreign policy.