Jashari for Six Gylenists: No Entrance in Exile Cases Under Normal Circumstances

The Ombudsman's report on the arrest and deportation of six Turkish citizens from the Republic of Kosovo's rule institutions and law shows that all rights guaranteed with the Constitutions and laws in force have been violated.

The ombudsman, Hilmi Jashari, has declared that since the moment of arrest and later the deportation of six Turkish citizens, public institutions have committed flagrant violations of human rights and freedoms guaranteed even with the European Convention of Freedoms and Human Rights.

From the moment of handcuffing and arrest, begins the series of violations that have been recorded in the process and which are serious violations, as I said of Article 5. Because Article 5 regulates the whole situation when a person is subjected to an arrest on the basis of any suspicion”, Jashar said, broadcast “Justice in Kosovo”.

According to Jashar, the next problem arises at the moment the country's institutions have made a decision on expulsion, and in effect, arrest and extradition has occurred.

“From family members, we have found that these decisions have never been handed over to these citizens and there have been no possibility of complaint, which the country's Constitution also says again, and guarantees as an effective legal tool for complaining in a court against any decision that public authorities make. And this has been widely denied in this case and there is no doubt in this case. And this also in itself contains a serious violation, but above all is violation of local laws, because local laws acknowledge as a fact of the right to file a complaint, even this is provided throughout the entire legal procedure”, the ombudsman has declared.

Jashar has also said that the decision to withdraw citizenship, but also the decision to expel Turkish citizens has been forwarded with substantial human rights violations on the part of Kosovo state authorities. He has said it is a phenomenon that all public institutions have stated at the moment when these persons have been expelled from Kosovo and have stressed that we are actually dealing with deportation.

During our analysis, it turns out that it's not actually expulsion, but it's extradition. And it's legal concepts that clearly distinguish. The first concerns the situation, when normally accompanied by authorities and the country, is asked to which border point it wants to be forwarded, followed there, and then the person is free from whether he considers it appropriate”, he said.

Yasar has said that in the situation when authorities accompany a person, it is not allowed to impose handcuffs.

There should be no way that person could eventually pose a danger or attack the official person. But these circumstances I don't believe they existed, because they were first arrested and forcedly handed over”, the ombudsman has declared.

Yasar has said that the moment a person is handcuffed, it is a duty to inform the state prosecutor because the handcuffs are placed on someone when criminal acts are consumed.

“If the decisions refer to an expulsion procedure that is regulated by the law for foreigners, but it is actually a completely different arrangement, because the purpose of the arrest has been to submit to an authority, or a body of a foreign state, to respond to the accusations of another relevant state, then I think that here the whole process has been wrong, or it has had to be covered in a process that has not really been a fact of the situation, because we have also heard the official proposals as well as stated such as those decisions that we have outlined for the expulsion. And there's also formally a deportation order for these citizens, and on the other hand, it's de-facted de-jure extra-x1>, said Hilmi Jashari, the ombudsman in his interview for the “Kosovo Justice Show.