The Kavala case against Turkey. Referral to the European Court of Human Rights by the Committee of Ministers of the Council of Europe for non-execution of the Court's decisions Cover Image

Cauza Kavala împotriva Turciei. Sesizarea Curții Europene a Drepturilor Omului de către Comitetul de Miniștri al Consiliului Europei pentru neexecutarea hotărârilor Curții
The Kavala case against Turkey. Referral to the European Court of Human Rights by the Committee of Ministers of the Council of Europe for non-execution of the Court's decisions

Author(s): Razvan Horatiu Radu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: detection of non-fulfillment of obligations; execution of ECHR judgments; preventive arrest; limitation of the restriction of rights; non-compliance with a judgment of the ECHR;

Summary/Abstract: In the current case of Kavala v. Türkiye, the European Court of Human Rights is analyzing, upon referral to the Committee of Ministers of the Council of Europe, Türkiye's non-execution of a judgment that the Court had previously issued regarding a human rights activist and in which found the violation of the right to freedom and security, provided by art. 5 para. (1) and (4), and the limitation of the restriction of rights provided by art. 18 corroborated with art. 5 para. (1) of the Convention. Thus, through the new decision, the Court established that Türkiye did not execute the Court's decision put into question, the applicant continuing to be deprived of his liberty based on grounds arising from those for which it was established in the original decision, the violation of art. 5.

  • Issue Year: 2022
  • Issue No: 3-4
  • Page Range: 293-298
  • Page Count: 6
  • Language: Romanian