Kenya censured for repatriation of four Turkish nationals

The condemnation came after State Department of Foreign Affairs Principal Secretary Korir Sing’oei on Monday said that the repatriation was done at the request of their country.

The four, Mustafa Genç, Öztürk Uzun, Alparslan Taşçı, and Hüseyin Yeşilsu, were deported after a suspected abduction in Nairobi's Kileleshwa area.

Speaking about the contentious decision, Sing’Oei said that Kenya had received assurances from the Turkish authorities that the four would be treated with dignity in keeping with national and international law.

"The Ministry of Foreign and Diaspora Affairs has received assurances from the Turkish authorities that the four will be treated with dignity in keeping with national and international law," he said. 

"Kenya is committed to the privacy and confidentiality of the repatriated individuals and will refrain from responding to media inquiries on the subject until the ongoing inter-agency review of the case is complete." 

He added, “Kenya acceded to this request on the strength of the robust historical and strategic relations anchored on bilateral instruments between our respective countries."

In light of the developments, various human rights bodies, including the International Commission of Jurists, as well as Amnesty International, have questioned the government for the forceful repatriation of the individuals, saying that by so doing, Kenya had risked the lives of the four as they would certainly face political persecution or even death once they land back home.

While castigating the move, the International Commission of Jurists (ICJ) said that they were "shocked" that the Kenyan government admitted to the repatriation, adding that the move would undermine Kenya’s credibility as the newest member of the United Nations Human Rights Council.

They wrote: "We are shocked by the Government of Kenya’s admission that Kenyan law enforcement and foreign affairs agencies played a role in the refoulement and forced return of Mustafa Genç, Öztürk Uzun, Alparslan Taşçı, and Hüseyin Yeşilsu, four Turkish nationals from Kenya to Turkey."

"Tragically, the Government has placed four human beings at grave risk as well as Kenya’s standing as a sanctuary nation for those fleeing persecution and war. It undermines Kenya’s credibility as the newest member of the United Nations Human Rights Council and torpedoes the United Nations Universal Periodic Review process planned for next year."

Prominent Turkish journalist Said Sefa, currently in exile in Canada, also expressed his shock at the move by the Kenyan government.

"I am deeply concerned about reports of the kidnapping of four Turkish citizens in Kenya—individuals who are under the protection of the United Nations. This act is a clear violation of international law," he wrote. 

"Kidnapping protected individuals is not only a severe breach of their rights but an international crime that cannot go unanswered. I appeal to the Kenyan authorities to take immediate and decisive action to investigate this heinous crime, locate those who were abducted, and ensure that they are safely returned to their protected status."

Amnesty Kenya, in a statement signed by several bodies including Police Reforms Kenya, Katiba Institute, HAKI Africa, Federation of Women Lawyers and Transparency International Kenya, has reacted to the deportation, terming the actions as shocking while also adding that the refoulement would place the individuals at 'grave risk'.

"The Government of Kenya has provided no evidence that the four individuals posed any such threat. While the law recognizes there are exceptions to the principle of non-refoulment, the law also provides procedural safeguards," the statement read. 

"Rather than returning asylum seekers to governments that they had fled from, a third country for safe resettlement could have been found." 

They added, "Tragically, the Government has placed four human beings at grave risk as well as Kenya's standing as a sanctuary nation for those fleeing persecution and war. It undermines Kenya's credibility as the newest member of the United Nations Human Rights Council and torpedoes the United Nations Universal Periodic Review process planned for next year."

Turkish authorities have not yet commented on the repatriation.

Under the UN's 1951 Refugee Convention, refugees should not be returned to a country where they face serious threats to their life or freedom.

The Turkish nationals were asylum-seekers registered with the Office of the United Nations High Commissioner for Refugees (UNHCR), who were protected from forcible return to Turkey, where they claimed they faced threats to their life and freedom.