People's Lawyer Opens Investigations in Case of Six Gylenists Arrested in Kosovo

Ombudsman Hilmi Jashari has reacted after the arrest and deportation of six jihadists to Turkish authorities.

Through an announcement, he has shown the entire performance of this action until the arrest was made, and has said that this move taken by authorities in Kosovo is contrary to international standards for human rights and freedoms.

He has also announced that he has decided to open up the case of Ex Officio to investigate in detail the actions taken by public authorities.

Full response from the ombudsman:

Ombuds' Declaration concerning arrest and deportation from the territory of the Republic of Kosovo to six citizens of the Republic of Turkey in their country of origin

The ombudsman is extremely concerned with the situation created, since receiving information on the arrest of six Turkish citizens, with residence permits in our country. Continued efforts have been made to provide official information on their whereabouts and situation, the manner of arrest and the act of deportation to Turkey's state, but this has been impossible during yesterday and morning.

After the ostension of the ombudsman, Kosovo Police (PK), the Directorate for Migration and Foreign Assistance (DMH), today, on March 30th 2018, has announced that, on the part of the KP's DMH, on March 29th 2018, six orders have been issued for the strength to evacuate citizens in question, from the territory of the Republic of Kosovo to Turkey. Release of these orders by force is applied based on the decisions of the Department of State, Asylum and Migration (DSHAM) MPB, which date March 23rd 2018, followed to DMH, March 28, 2018. According to the KK's announcement, citizens in question were detained on March 29th 2018 and forwarded the same day to Pristina International Airport, from where the expulsion to their country of origin took place.

During yesterday, the ombudsman has also contacted DSHAM at the Ministry of Internal Affairs and has asked to know whether the people in question are being held at the Foreign Preservation Centre, but it has been reported that they were not sent there. At the same time, during the day, copies of these locations have been accepted from the same department.

Given the sensitivity and complexity of the case and the confusion of authorities over the line of responsibility, the ombudsman has decided to open up the case of Ex Officio, to investigate in detail the actions taken by public authorities.

However, at this stage, the Ombudsman states that actions taken by public authorities are contrary to international standards for human rights and freedoms, applicable in the internal judicial system of the Republic of Kosovo.

The European Convention for the Rights and Founding Freedoms of Man and its Protocols clearly identifies procedural guarantees regarding the expulsion of foreigners. In terms of Article 3, Article 6, article 8 and Article 13 of KEDNJ, as well as the fundamental principle of non-reversion (non-refundence) under the 1951 Refugees Convention, responsibility falls to competent state authorities regarding the situation. Above all, the guarantees of Article 3 (the prevention of inhuman and degrading treatment) and Article 6 (right to a regular judicial process) of KEDNJ, in democratic societies, cannot be abolished (depreciated), nor in extraordinary circumstances.