Kosovo silent, UN suggests compensation for 6 banned Turkish citizens

But despite many local and international reports, justice institutions in Kosovo have so far filed no charges against persons allegedly violated the law during their arrest and deportation.

In this case, violations of Kosovo's laws, constitutions and international conventions have recently been outlined by the United Nations Organisation's Human Rights Council (OKB).

In a report published by the working Group for Referor Banning, which is a body composed of independent human rights experts investigating cases of arrest and arbitrary detention, Kosovo institutions are criticised for illegal acts in the case of the expulsion of six Turkish citizens.

Kosovo did not respond to UN

In the report published by the Council for Human Rights, it is evidence that Kosovo institutions have not responded to the UN processing group that has conducted an investigation into the case.

This group, last December through the UN mission in Kosovo, U n NMIK has submitted official request to Kosovo institutions, demanding that actions taken in the case of the arrest and expulsion of six Turkish citizens be clarified.

The working group was sorry that it did not accept answers from Kosovo”, the report said.

In March 2018, college students “Mehmet Akif” had protested the arrest and deportation to Turkey of their teachers.

Turkish citizens sentenced to 56 years in prison, Kosovo stands aside for case

The working group finds numerous violations, including those made by the Kosovo Agency for Intelligence, the Kosovo Police, as well as other institutions involved in the 29 March action, 2018.

The report further reportedly has numerous doubts that the charges against six Turkish citizens are groundless.

The working group seeks the release of convicts, as well as calls on Kosovo institutions “to ensure compensation and other compensations in line with international law”.

Consumption of Kosovo Investigations

On July 4th of 2019, the Kosovo Special Prosecutor told Radio Free Europe that “witnessed and a large number of suspects” have been questioned.

However, the investigation started in 2018 is not that they produced any results.

Since this time, the Kosovo Special Prosecutor has not provided any information on the investigation or the eventual establishment of charges.

Asked several times by Radio Free Europe at what stage are the investigations, the Kosovo Special Prosecutor has not returned answers.

Prosecutor interviewed large numbers of suspects in expulsion of Turkish citizens

The REL has again tried to obtain information on whether the investigation has ended with the establishment of any charges, but Prosecutor's officials have not responded.

Lawyer Paulushi says it's pointless to silence justice bodies in this case.

“S at least officials from the Department of State, Asylum, Migration under the MPB [The Ministry of Internal Affairs], who have revoted residence permits and have not issued a complaint, as well as responsible police and command officials, and AKI agents have had to be followed for criminal work: abuse of position or official authority; violating the equal status of citizens and residents of the Republic of Kosovo; illegal freedom; violation of law for legal exercise of the AKI, >1) says Radio Paul.

The Kosovo Assembly had established an investigative commission that found more than 30 violations in the case of deportation.

Although the report of this commission has also been handed over to the Kosovo Prosecutor, former member of this commission, Sami Kurteshi, does not believe that there are investigators or prosecutors in Kosovo who dare investigate people who have been directly involved in the case.

I don't think they dare investigate the core of the problem yet because here the officers haven't been in the police and AKI. I don't believe we have a prosecutor or a judge who dares to deal with the brokers”, says Kurteshi.

Kurteshi says that after handing over the report that had been drafted into the Parliamentary Commission, the prosecution has given no information if it has advanced in investigations into the case.

Powerful people arrived.

In addition to nongovernmental organisations, both the Ombudsman in Kosovo, it had ruled out dozens of violations in the arrest and deportation operation.

This institution had called for criminal investigation into responsible persons.

In this case, the Kosovo Police Inspectorate had presented criminal charges to 22 Kosovo Police officials, who had been involved in the arrest and deportation operation.

But, the Kosovo Special Prosecutor has not even answered the question of what happened to these criminal charges against police officials.

From college students protest “Mehmet Akif”, following the deportation of Turkish citizens, Pristina.

Commission finds violations during deportation of Turkish citizens

Legal adviser at the Kosovo Institute for Justice, Yll Zeqaj, says the actions of investigative bodies are depressing in this case.

Zekiaj says the Kosovo Special Prosecutor has failed to investigate high profile persons involved in the case.

Our “System of justice is amnisating in all cases when the same are suspected of being involved in criminal acts, and this goes to the detriment of persons who have only been doers of decisions, while those who are directly responsible in this case prove to be”, says Zekij.

Zakaj says the entire high state structure, which has been a key part of the implementation of this operation, would have to be taken into account.

What did Turkey tell the UN?

The Task Group's report to the Arbitr Banction in a portion of it outlines the charges Turkish investigator had charged the six exiles from Kosovo.

A poster with Fetullah Gulen's picture is violated by a Turkish President's supporter, Recep Tayip Erdogan. Istanbul, July 18, 2016.

In addition to charges of terrorism, among other things in the response Turkish institutions gave to the Referral Banning Group, it is said that some of those arrested had used mobile communication applications such as ByLock, Falcon, Viber, Kakaotalk to communicate with other members of the organisation. FETO ʹ the acronym Turkey uses for Movement “Hizmet” of cleric Fetullah Gulen, whom Ankara has officially declared terrorist.

Turkey's state response also says some of those arrested had even deposited money in closely linked financial institutions with the Hizmet Movement.

Turkey insists there has been no legal offense as well as that the judgment has been fair and based on facts.

Exile History

On March 29, 2018, through a large action by the Kosovo Police and the Kosovo Intelligence Agency, 6 Turkish citizens were arrested in the early hours of the morning.

After the arrest they were sent to Pristina International Airport “Adem Jashari”, from which they were flown to Turkey.

After arriving there, they faced a trial that eventually sentenced them to 56 years and 7 and a half months in prison.

Arrests and deportations preceded revocation of their residence permits for which action, later, the court said, was illegal.

Of the five Turkish citizens, three of them owned permanent residence permits, Mustafa Erdem, Yusuf Karabina, Karhaman Demirez, respectively, while two of them Hasan Hyseyin Demir and Cihan Ozkan had temporary permission.

One of the convicts in this case is Hasan Gunakan, who was wrongly arrested instead of Hasan Demir, but despite that, he was charged and convicted by a court in Turkey on January 28, 2020.

Some college students “Mehmet Akif” protest the deportation of their teachers from Kosovo to Turkey. Pristina, March 29, 2018.

Investigation of Exile of Turkish Citizens

The only actions that were taken after the deportation was then the dismissal of AKI director Driton Gashi and Interior Minister Flamur Sefaj.

They were dismissed with the decision at the time of Prime Minister Ramush Haradinaj, only shortly after the operation.

Families of six Turkish citizens filed an indictment against Kosovo institutions in 2018 for the arrest and arbitrary detention of their families.

Some of the family members have sought asylum in Kosovo, and others have fled to European countries.