Ombudsman publishes report on six deported gylenists

The ombudsman has come up with his report about the deportation of six Turkish citizens. According to them, after collecting the information and analysis of the case, the ombudsman found that in the case of the authority of the Republic of Kosovo by dismissing Turkish citizens, they exposed them to real danger to being subjected to torture, physical abuse, and real danger. But this institution has acquitted President Thaci of the issue, even though the chief of state is the prime suspect in their kidnapping.

The president remains the prime suspect who, along with Turkish authorities, has organised their deportation. The lawyer's report charges the Republic of Kosovo with the blame for deportation of six Turkish citizens, but no mention of the president at all.

Hashim Thaci, though denying he was behind this, was discovered when Turkey's President Erdogan thanked him for the co-operation. While at a media conference in Pristina, Thaci said Turkish citizens were dangerous for the country.

Full ombudsman announcement: 

The main goal of this report is to draw attention to the competent authorities of the Republic of Kosovo for respecting the rights of arrested persons and persons subject to forced departure or extradition from the territory of the Republic of Kosovo, in accordance with the Constitution of the Republic of Kosovo, applicable laws in the Republic of Kosovo, as well as international standards for human rights.

Following the collection of information and random analysis, the Ombudsman found that in the case of authority of the Republic of Kosovo by dismissing Turkish citizens, they exposed them to real danger of being subjected to torture, physical mistreatment, and real danger for serious human rights violations guaranteed with the Constitution of the Republic of Kosovo and with international instruments for protecting human rights that are part of the Republic of Kosovo's legal system.

The ombudsman is of the opinion that the authorities of the Republic of Kosovo, which expelled foreigners in question, have not made an assessment of what are guarantees against physical mistreatment and torture in their country of origin and without taking into account the human rights situation in that country.

For this reason, the ombudsman claims that in the case in question they were violated: Article 29 paragraph 2, 3 and 4 of the Constitution of the Republic of Kosovo [Right of Freedom and Security], Article 31 [Right for Fair and Impartial Judgment], Article 32 [right to Legal Ways], Article 14, paragraph 1, Article 15, Article 16 paragraphs 1 and 2, Article 17, paragraph 2 and 6 Law No. 04/L-213 for International Juridical Co-operation in Criminal Affairs, Article 8 and 10 of the Universal Declaration for Human Rights, Article 9, paragraph 1 and 2, Article 13 of the International Pact for Civil and Political Rights, Article 5, 6 and 3 of the European Convention on Human Rights and Foundation Freedoms, Article 1 paragraph 1 of Protocol No. 7 of the European Convention for the Rights and Founding Freedoms of Man, Article 3 paragraph 1 and paragraph 2 of the Convention Against Torture and Other Cruel or Dehuman or Degrading Treatments.

Similarly, the Ombudsman estimates that the authority of the Republic of Kosovo has not acted in accordance with the European Court for Protection of Human Rights's judicial practice, which in its decisions for such cases has specifically stressed that states under no circumstances can expel a foreigner in the territory of a state where he can expose the risk of physically being tortured and abused. The court stressed that this ban on Article 3 of the Convention is of absolute character and applies also “in wartime or other public emergencies that threaten the” nation.

So based on these findings, the Ombudsman has recommended the Ministry of Internal Affairs and the Ministry of Justice as follows:

In case of the assessment of foreign status in our country, all guarantees and procedures guaranteed with the Constitution of the Republic of Kosovo and the international Convention, whether for granting permission to stay, departure or extradition.

The Ministry of Internal Affairs will expressly announce its personnel regarding the constitutional and legal competencies of the ombudsman in terms of unannounced access, at any location and any time in the countries where those deprived of freedom can be kept.

While the Government of the Republic of Kosovo has recommended that it award adequate non-matial compensation as an expression of goodwill and recognition of human rights violations in the spirit of KEDNJ Article 41.

This recommendation report has been forwarded to responsible authorities via mail. The same has been forwarded to the media and is published on the IAP official website.