The Constitution was violated by the Egyptian deportation

The deportation of six Turkish citizens from Kosovo to Turkey has violated a host of legal acts, but also the highest legal act in Kosovo, the Constitution.

Recognition of the justice system calls it a flagrant violation of the Constitution and laws in effect the way the deportation of six Turkish citizens.

For this action, Prime Minister Ramush Haradinaj urged the release of positions to Interior Minister Flamur Sefaj, who resigned from this position, as well as the chief of AKI, Driton Gashi, who has yet to give him no official position if he has issued this position or not.

Minister Abelard Tahiri in an address to MPs Wednesday, when an extraordinary session was held for the deporting of gylenists, had said their case had nothing to do with extradition.

Tahiri has said that since in the post of minister, Turkey's Government has applied for the extradition of 47 Turkish citizens, but none of these have been extradited.

I want to inform you that in 2017, 344 people were deported. Neither president nor prime minister is asked for, because it's the responsibility of the Police and the Ministry of Internal Affairs, so we have to distinguish between deportation and extradition”, Tahiri declared on Wednesday that he left.

However, Ehat Miftaraj from the Kosovo Institute for Justice has said of Kosovo Press that the way Turkish citizens were deported was by violating basic laws until the Constitution.

The fact that these six Turkish citizens have been deported to Turkey without regular judicial procedures has been violated by a host of basic and other laws. Starting with the Constitution of Kosovo, since our Constitution emphasises the perceived taxes as the fundamental value of Kosovo's citizenship of human rights and freedoms. In this case the basic principles, according to Article 7 of the Constitution, have been violated after these persons were denied basic rights, such as the right to complaint and the right to approach the Court. On the other hand, whether AKI or MPB during either implementation of the command to penetrate, or when taking command for deportation has been violated, the law on AKI, the law on foreigners”, Miftaraj said.

Miftaraj explains that deposits from Kosovo have occurred in the past as well, but they also happen. But in the case of Turks, he said, it had to be done differently.

“Deploration is a new mechanism that somehow applies to countries regarding the deportation of foreign citizens who can commit criminal acts of small importance in the respective state. It is true that in Kosovo, dozens of deposits happen as they do in all EU states. The deportation, however, applies in those cases when foreign citizens can commit criminal acts of minor importance, such as theft or any deed that the state values most effective is for foreign citizens to be deported to the country of origin, rather than launch judicial procedures in these cases”, he says.

Because according to the AKI Turkish citizens have been a danger to national security, Mifttaraj says the state dares not investigate and judges in Kosovo first.

“As for the case of six Turkish citizens, the state of Kosovo conflicts with principles that are defined in the criminal procedure code. In cases where foreign citizens are suspected as in the concrete case of risking national security, it is cited as having circulated tens of millions of euros, the state of Kosovo under no circumstances dares that foreign citizens, as in the current case that has been mentioned by AKI, have committed criminal acts of terrorism financing not to investigate, prosecute and judge”, Miftaraj added.

He calls the formation of the investigative commission by the Kosovo Assembly, which must seriously approach this issue and clear the case in detail.

On March 29th of this year, six Turkish citizens were arrested and deported, college teachers “Mehmet Akif” in Kosovo, Cihan Ozkan, Kahraman Demirez, Hasan Hussein Günakan, Mustafa Erdem, Osman Karakaya and Yusuf Karabina, who are allegedly members of the organisation “FETO” of Fettullah Gulen.

This sparked numerous reactions in Kosovo on the way to deportation, since neither the prime minister nor the Speaker of the Parliament were notified, nor the president, but all accused him of staying behind the case.