Mustafa Erdem Teacher-School Principal, Mehmet Akif College
  • Date of Abduction 29.03.2018
  • Place of Abduction Kosova
  • Date of Detention 29.03.2018
  • Place of Detention İstanbul
  • Date of Detention 12.04.2018
  • Court-Judge who arrested Istanbul High Criminal Court

Biography

Mustafa Erdem was abducted from Kosovo, where he has been teaching for many years, by an illegal operation of the Turkish National Intelligence Agency (MIT) and brought to Turkey on March 29, 2018. 

In addition to Erdem, an investigation was launched in the country after it was reported that 4 abducted people, including a teacher and a doctor, were abducted with the help of policemen in the Kosovo Police force and handed over to the MIT.

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 tried 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 kidnapping 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 a study 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,” he said. Haradinaj reacted with the words ”No one can get out or abduct 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.


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 a review 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 Kosovo and Turkish Government officials against Kahraman Demirez, Mustafa Erdem, Hasan Hussein Gunakan, Yusuf Karabina, Osman Karakaya and Cihan Özkan and adopted Resolution 47/2020.


The UN Working
Group, in its decision contained in the document A/HRC/WGAD/2020/47, stated that Kahraman Demirez, Mustafa Erdem, Hasan Huseyin Gunakan, Yusuf Karabina, Osman Karakaya and Cihan Ozkan were arrested and detained in Kosovo on 29 March 2018. concluded that his forced transfer was arbitrary and violated international human rights norms and standards.
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. Also, Article (equality and discrimination); 3. Article (right to life, liberty and security); 8. Article 9 (The right to effective search for rights).  Article (arbitrary detention and detention); 10. Article 19 (right to a fair trial)  and the Article (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 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. Also, He decided that it was contrary to the Article (equality and discrimination) (…). 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”.


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 invited 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 After:
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 a review 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 kidnapping scandal, there was a government crisis in Kosovo. It was decided to conduct an investigation on this issue in 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 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,” he said.
Haradinaj reacted with the words ”No one can get out or abduct people from Kosovo in this way, this is a kind of theft”, while expressing surprise at the angry reaction of President Tayyip Erdogan to the investigation launched after the kidnapping.
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 includes evidence that 22 policemen in the file are guilty.


RESOURCES:
https://www.tr724.com/kosovadan-kacirilan-egitimciler-tutuklama-istemiyle-mahkemeye-sevk-edildi/
https://boldapp.de/2019/08/15/6-turkun-kacirilmasinda-mite-yardim-eden-22-kosovali-polis-hakkinda-sorusturma-baslatildi/
https://www.tr724.com/bm-kacirilan-6-turkle-ilgili-kararini-acikladi-kosova-ve-turkiye-mahkum-edildi/

 

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