Turkey seeks Kosovo extradition of its citizens

There is already a 40-day detention measure to Toxoy, while there is a demand for extradition from the Ministry of Justice of the Republic of Turkey on October 16th and 19th of 2017, as well as the Criminal Court, which has declared the arrest warrant.

So the suspects are becoming a criminal investigation into Turkey, for alleged involvement in armed organisations. The Constitutional Court in Pristina has brought the verdict so that Toskoj does not leave the country and it is accessible to judicial organs.

Toxoy's lawyer, Adem Vokshi, speaking of Radio Free Europe, says that the prosecution's data highlights that Toxoy has financially helped Fetullah Gulen's organisation with headquarters in the United States, which reportedly stands behind the coup in 2016.

Lawyer Vokshi stresses there is no argument that Toxoy has been linked to the movement of Turkish religious leader Fatulah Gulen, whom Turkish authorities have accused of standing behind the coup attempt of 2016.

The “Atmosphera, in Prizren which is, has the event officially registered. His association's activity is controlled by the Ministry of Education and the Ministry of Finance for its activity here. So none of this association's money and no money has gone to the Gulenist Association for what he is charged with. Turkey's state has offered no evidence that Mr. Ugur is guilty of what” is charged, said lawyer Vokshi.

Ugur Toxoy, now 10 years old, lives with his family in Kosovo and works as a co-ordinator at the branch of the educational foundation “Atmosphera”, in Prizren, which offers cultural and educational services to young people in the country.

Turkish Ambassador to Kosovo Kivilim Kilic, at a news conference Wednesday, has voiced confidence that Kosovo's judiciary will rule directly in this case, stressing that Toxoy will face trial in Turkey. Ambassador Kilic is only addressing Turkish media in Kosovo.

Fatri Neza from the “Atopera” foundation co-ordinator in Prizren, now 10 years old, says Toxoy has not travelled to Turkey for three years now. As he says, Toxoy has regular permission to stay in Kosovo and that the whole case is politically motivated.

“It is not true that he has participated (in the coup in Turkey). This is simply ideological, political issue, because Ugur Toksoy, in the time of the state stamp, has been in Kosovo. He was neither in Turkey nor attended. It has nearly been three years since it was in Turkey. This confirmed even in court, through passport”, Nezza said.

Nezja has added that the “Atmosphere” foundation supports cultural and educational activities in Kosovo and that it actively co-operates with Kosovo institutions. Funding is, according to him, done by local donors and by the payment of users of their services. Nezja points out that while Turkey considers the people working in the foundation as terrorists, then surely even the foundation considers it terrorist”.

Lawyer Vokshi points out that, if the law is implemented, then Toksoy's extradition should not happen.

Even if his guilt is proven, the extradition agreement between Kosovo and Turkey, Article 3, envisions that no one can be extradited to Turkey or Kosovo, for political conviction. The other, because it cannot come to extradition if there is no guarantee that the judgment will be right and that the person will not be the object of torture and human prosecution, which is happening every day in Turkey”, lawyer Vokshi said.

In the coming period, the Court must once again consider demand and evidence in order to prove whether the situation will come to extradition or that the request for it will be refused because of lack of evidence. However, the last word on that is held by the minister of justice.

The Council for Protection of Human Rights and Freedoms has said Kosovo authorities must reject Turkey's organ demand, which with the accelerated procedure will become Toxoy's extradition to Turkey, because besides human rights violations, there will be no fair trial for him.

“Extradition of a person arrested in the state seeking him is an international duty, but when it is estimated that that the person can pass through a brutal treatment and that physical and psychic torture can be used on him and thus endanger life, then it should not come to extradition. On the contrary, Kosovo will be identified as a country contributing to human rights violations through extradition”, said the Council for Protection of Human Rights and Freedoms response. It also stresses that Kosovo should not undergo dictatorship, conditioning or blackmail.

Turkish Ambassador Kilic, at the journalists' conference, has said that statements concerning the judicial processes in Turkey are groundless, unpleasant and open efforts to deceive justice. She has stressed that the court's decision should be expected.

Republic of Turkey Attorney General Mehmet Akardja, on 4 October in Pristina, has met with Kosovo Government Justice Minister Abelard Tahiri and State Chief Prosecutor Alexander Lumez.

The Academy has expressed satisfaction that reconciliation has been achieved for deepening co-operation between Turkey and Kosovo's justice organs in the fight against terrorism and terrorist organisations, as has the Kurdistan Workers' Party (PPK), Iraq's Islamic State and the Levant, as well as FETO.

We have highlighted to our friends the desire to help us process the unlegal acts of members of terrorist organisations who are present around the world”, Akrdja stressed.

Turkish media have reported that Kosovo authorities have submitted lists to the names of 25 Turkish citizens, who are being investigated by Turkey.

Kosovo Prosecutorial Council spokesman Ekrem Lutfiu has said they have received “a material in which there is information about the activities of some citizens of Turkey and Kosovo in the field of business, health and education. But there is no indication that any of these people are being prosecuted for any criminal offence by Turkey's authorities”, Lutfiu has said.

Long ago, Chief Prosecutor Lumezi has confirmed that it is necessary to strengthen the co-operation of the state, Kosovo and Turkey prosecution institutions in the field of violent terrorism and extremism, adding that Kosovo will provide international legal assistance to Turkey, where it is necessary, but that Turkey will also seek assistance for cases investigated in Kosovo.