ANKARA, December 29 (Reuters) – Turkey’s top court ruled on Tuesday that the detention of renowned philanthropist Osman Kavala does not violate his rights to freedom and security after he spent more than three years in prison without punishment.

Kavala, 63, was detained earlier this month at a hearing that rights groups say has further muted dissent in the country. The European Court of Human Rights (ECHR) has called for his release. Read more

Soon after he was released in February on charges related to nationwide protests in 2013, Kavala was arrested again on charges related to the 2016 failed coup. He has rejected all charges.

Kavala, who has been held in jail since late 2017, has filed an application with the Constitutional Court claiming his detention was unlawful and violated his freedom and security.

But the General Assembly of the Constitutional Court ruled by eight votes to seven that it did not amount to rights violations, state-run Anadolu news agency reported.

The Constitutional Court and lawyers for Kavala could not be reached for comment. The court also rejected Kavala’s previous application.

Critics say his detention shows political pressure on Turkey’s judiciary, which they say has been determined to convict thousands of opponents of the government since 2016. The government says the courts are independent and have acted in the face of threats to the state.

Emma Sinclair-Webb, Turkey director of Human Rights Watch, said the court’s decision was “another nail in its own coffin” and it demonstrated “blatant disregard” of the ECHR’s decision.

“Serving political experts takes you beyond worrying about the laws in Turkey,” he said on Twitter.

Amnesty International’s Milena Buyum said that reflected the political nature of Kavala’s “arbitrary imprisonment” and that Turkey was forced to comply with the ECHR decision.

The ECHR called for Kavala’s release in December 2019 and said his arrest was meant to silence him. But the ruling has not been implemented, as is often the case with Turkish courts.

President Tayyip Erdogan’s recent promises of judicial reforms initially sparked speculation that Kavala and others might be released. But Erdogan has since singled out him, naming Kavala as a sponsor of the Gezi Park protests in 2013 – although a court acquitted him of that charge.

The trial into the 2016 coup attempt opened earlier this month, when the court detained Kavala and set the next hearing for February 5 where it will hear other witnesses.

Reporting by Ali Kukukgocmen; Edited by Jonathan Spicer

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