Teacher Hasan Huseyin Gunakan was abducted from Kosovo on March 29, 2018 by MIT’s illegal operation and brought to Turkey. On April 28, 2020 he was arrested by the court, from which he was tried on April 12, 2018. On January 28, 2020 he was sentenced to 8 years, 1 month and 15 days in prison on charges of “membership in an armed terrorist organization”.
In addition to Gunakan, a total of 6 people, 4 of whom were teachers, 1 of whom was a doctor, were kidnapped with the help of police officers in the Kosovo Police Force and an investigation was launched in the country after the information that they were handed over to MIT.
The teachers who were abducted by Gunakan were Mustafa Erdem, Cihan Ozkan, Kahraman Demirez, Yusuf Karabina and Prof. Dr. Osman Karakaya was brought to Turkey by MIT from Kosovo on a private plane. 6 names were arrested by the decision of the court, from which they were removed on April 12, 2018.
ABDUCTION FROM KOSOVO
The teachers who were abducted from Kosovo were Mustafa Erdem, Cihan Ozkan, Kahraman Demirez, Hasan Huseyin Gunakan and Prof. Dr. Osman Karakaya was brought to Turkey by MIT from Kosovo on a private plane. 6 names were arrested by the decision of the court, from which they were removed on April 12, 2018.
A DOUBLE CRIME HAS BEEN COMMITTED
After the abduction of these names, including teachers and doctors, in Kosovo, a political crisis loomed in the country. An immediate investigation was launched in Kosovo into those responsible for the incident. A total of 22 police officers, including a police chief and supervisors, were investigated and the suspects were accused of kidnapping and handing over 6 names to a foreign intelligence organization without a decider of deportation issued by the judiciary.. The investigation opened by the Kosovo Police Inspectorate also included evidence that 22 policemen in the file were guilty.
THERE HAS BEEN A GOVERNMENT CRISIS
After the abducting scandal, there was a government crisis in Kosovo when it came to the reaction of the EU, especially the whole world. It was decided to conduct an investigation on this issue in the Kosovo Parliament. Kosovo President Hashim Thaci announced that he had no information about the arrest of 6 people, but his statements were not found convincing. Thaci had stated that some names had been sent by Turkey earlier, but these people were not on the list. Then he dismissed the intelligence chief and the interior minister and ordered an investigation to be launched. Prime Minister Ramush Haradinay also argued that he had not been informed about the incident and blamed Thaci and his team.
President Tayyip Erdogan confirmed and admitted his cooperation and defended the illegality, saying that the operation was carried out by MIT and Kosovo intelligence “in solidarity”. Erdogan had harshly criticized Haradinaj’s dismissal of Kosovo’s Interior Minister and intelligence chief. “O Prime Minister of Kosovo. By whose instruction did you take such a step? Since when did you start protecting those who tried to carry out a coup against the Republic of Turkey? My brothers from Kosovo, the Kosovars I know will answer for this, and I know it,” Haradinaj reacted with the words ”No one can get out or kidnap people from Kosovo in this way, it is a kind of theft”, while expressing surprise at the angry reaction of Erdogan to the investigation launched after the kidnapping.
UN CONDEMNS KOSOVO TO COMPENSATION
In the subsequent process, the UN Working Group on Arbitrary Detention (WGAD) found Turkey and Kosovo guilty of 6 Turkish citizens who were illegally abducted from Kosovo and brought to Turkey and sentenced these two countries to pay compensation. The UN has asked Turkey to pay financial and moral compensation and launch an investigation into those involved in the crime, while demanding the immediate release of the abductees.
The UN Working Group on Arbitrary Detention published its decision on 6 Turkish citizens who were illegally abducted from Kosovo and transferred to Turkey on its website on November 18, 2020. Turkey and Kosovo were found guilty in the verdict. According to the UN resolution, which notes that there are separate grievances and responsibilities for both Kosovo and Turkey, Turkey must release 6 people, and Kosovo must also pay compensation to these people.
The details of the decision were as follows:
August 24-28, 2020, the United Nations Working Group on Arbitrary Detention (WGAD) held the 88th annual session. At its session, it identified serious human rights violations committed by the Kosovo and Turkish Government officials against Kahraman Demirez, Mustafa Erdem, Hasan Hussein Gunakan, Yusuf Karabina, Osman Karakaya and Cihan Ozkan and adopted Resolution 47/2020.
HUMAN RIGHTS HAVE BEEN VIOLATED
The UN Working Group A/HRC/WGAD/2020/47 document contained in the judgment, Kahraman Demirez, Mustafa Erdem, Hasan Huseyin Gunakan, Joseph Carbine, Osman Karakaya Cihan Ozkan on March 29 2018 in Kosovo and the arrest, detention, and forced transfer of arbitrary and violated international human rights norms and standards, they concluded.
With regard to Kosovo, the Working Group considers that deprivation of the freedom of a 6 Turkish citizen is a violation of Article 2 of the Universal Declaration of Human Rights. Article (equality and discrimination); 3. Article (right to life, liberty and security); 8. Article (The right to effective search for rights)9. Article (arbitrary detention and arrest); 10. Article (right to a fair trial) .It decided that it was contrary to the Article19 (freedom of opinion and expression). Therefore, the resolution of the UN Working Group said, “The deprivation of liberty of 6 Turkish citizens is arbitrary and falls into categories I, II, III and V of the Universal Declaration of Human Rights”.
With regard to Turkey, the Working Group notes that the deprivation of liberty of 6 Turkish citizens is violation of Article 2 of the Universal Declaration of Human Rights, and it was contrary to the Article (equality and discrimination) . Therefore, the UN Working Group notes that “the deprivation of freedom of 6 Turkish citizens is arbitrary and falls into categories I, II, III and V of the Universal Declaration of Human Rights.
HE SHOULD BE RELEASED IMMEDIATELY
In this regard, the UN Working Group decided to (a) immediately release 6 people from the Government of Turkey and (b) provide compensation to the victims in accordance with international law from the Government of Turkey and the Governments of Kosovo and cover their other damages. The UN Working Group urged the Government of Turkey to take urgent measures to ensure the immediate release of 6 people in the context of the COVID-19 pandemic and the threat posed by it in detention facilities.
START AN INVESTIGATION
The UN Working Group also demanded that the Governments of Turkey and Kosovo initiate a full and independent investigation into the illegal detention and deportation of 6 people and take the necessary criminal measures against those responsible for human rights violations. The UN Working Group brought the Kosovo case to the attention of the UN Special Rapporteur on the Protection of Human Rights and Fundamental Freedoms while Combating Terrorism and asked governments to share the current resolution with everyone.
THE PROCESS OF ABDUCTION
The Country and City where he was Abducted: Kosovo- Pristina
Date and Time of Abduction: March 29, 2018
International Reports and Decisions on the Abduction Stage and Before:
The UN Working Group on Arbitrary Detention (WGAD) has convicted Turkey and Kosovo of 6 Turkish citizens who were illegally abducted from Kosovo and brought to Turkey, condemning these two countries to pay compensation. The UN has asked Turkey to pay financial and moral compensation and launch an investigation into those involved in the crime, while demanding the immediate release of the abductees.
The UN Working Group on Arbitrary Detention published its decision on 6 Turkish citizens who were illegally abducted from Kosovo and transferred to Turkey on its website on November 18, 2020. Turkey and Kosovo were found guilty in the verdict.
According to the UN resolution, which notes that there are separate grievances and responsibilities for both Kosovo and Turkey, Turkey must release 6 people, and Kosovo must also pay compensation to these people.
Date and Place of Arrival in Turkey: March 29, 2018-Istanbul
What Happened in the Country After the Abduction:
After the Abducting scandal, there was a government crisis in Kosovo. It was decided to conduct a investigation on this issue in the Kosovo Parliament. Kosovo President Hashim Thaci announced that he had no information about the arrest of 6 people. Thaci had stated that some names had been sent by Turkey earlier, but these people were not on the list. Then he dismissed the intelligence chief and the interior minister and ordered an investigation to be launched. Prime Minister Ramush Haradinay also argued that he was not informed about the incident. Haradinay also argued that he was not informed about the incident. President Tayyip Erdogan confirmed and admitted his cooperation and defended the illegality, saying that the operation was carried out by MIT and Kosovo intelligence “in solidarity”.
Erdogan had harshly criticized Haradinaj’s dismissal of Kosovo’s Interior Minister and intelligence chief. “O Prime Minister of Kosovo. By whose instruction did you take such a step? Since when did you start protecting those who tried to carry out a coup against the Republic of Turkey? My brothers from Kosovo, the Kosovars I know will answer for this, and I know it,”
Haradinaj reacted with the words ”No one can get out or kidnap people from Kosovo in this way, it is a kind of theft”, while expressing surprise at the angry reaction of Erdogan to the investigation launched after the abducting.
A total of 22 police officers, including a police chief and supervisors, were investigated and the suspects were accused of abducting and handing over 6 names to a foreign intelligence organization without a decider of deportation issued by the judiciary.. The investigation opened by the Kosovo Police Inspectorate also included evidence that 22 policemen in the file were guilty.
RESOURCES:
https://www.tr724.com/kosovadan-kacirilan-egitimciler-tutuklama-istemiyle-mahkemeye-sevk-edildi/
https://www.tr724.com/bm-kacirilan-6-turkle-ilgili-kararini-acikladi-kosova-ve-turkiye-mahkum-edildi/
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