On October 18, 2024, seven Turkish asylum seekers were abducted in Nairobi, Kenya by unidentified individuals. The people kidnapped were identified as Mustafa Genç, Abdullah Genç, Hüseyin Yeşilsu, Necdet Seyitoğlu, Öztürk Uzun, Alparslan Taşçı, and Saadet Taşçı. These individuals were registered refugees in Kenya and believed to be followers of the Gülen movement, a significant Islamic community with a global presence that operates a network of schools, including institutions in Kenya.
While three individuals (Abdullah Genç, Necdet Seyitoğlu, and Saadet Taşçı) have been released; Mustafa Genç, Öztürk Uzun, Alparslan Taşçı, and Hüseyin Yeşilsu remain’s location unknown even after 40 days since their abduction. According to sources, Necdet Seyitoğlu was released through negotiations after questioning, with his personal belongings and electronic devices retained by the abductors.
Kenya’s Foreign Ministry has acknowledged agreeing to Turkey’s request for repatriation of four individuals, citing “robust historical and strategic relations” between the countries. The Ministry claims to have received assurances from Turkey that the repatriated refugees would be “treated with dignity” – a claim that raises serious concerns given the current uncertainty about their whereabouts.
This is not the first time a refugee has been refouled in Kenya. In May 2021, Turkish spies abducted Selahaddin Gulen, nephew of a long-time foe of President Recep Tayyip Erdogan, who was seized and brought back to Turkey despite a Kenyan court ordering that he should not be deported.
The latest incident is the disappearance of political blogger Francis Gaitho, who is known as a dissident of President William Ruto. Only 4 days after the Turkish refugees’ disappearance, dozens of masked individuals believed to be security officers seized the blogger from his home in Nairobi. His whereabouts also remain unknown amid increasing demands for his release, including a social media campaign under the hashtag #FreeGaitho. Cases of abductions and enforced disappearances in Kenya, which have been linked to state security agents, have been on the rise in recent months.
As Right Defenders, we strongly condemn the following violations in the abduction and extradition of refugees in Kenya:
1. Breach of Non-refoulement Principle: The forced return of refugees to Turkey represents a clear violation of the principle of non-refoulement, a cornerstone of the refugee protection process and recognized in international humanitarian law for more than seventy years.
2. Violation of International Conventions: Both Kenya and Turkey have breached their obligations under:
– The 1951 Geneva Convention Relating to the Status of Refugees
– International Human Rights Law
– African Union’s Convention Governing Specific Aspects of Refugee Problems in Africa
– Kenyan Constitutional Law and National Refugee Statutes
3. State-Sanctioned Abductions: The involvement of suspected Turkish intelligence agents in the abductions on Kenyan soil represents a serious breach of international law and Kenya’s sovereignty.
This case represents a particularly concerning example of international law violations, especially given Kenya’s recent membership in the UN Human Rights Council and its obligations to protect asylum seekers within its borders. The United Nations and the international community must remain vigilant regarding the implications of this incident and ensure both countries uphold their international human rights obligations.
We hereby demand immediate disclosure of the whereabouts and condition of the four individuals who remain missing. We call upon both Turkish and Kenyan authorities to:
– Immediately cease all actions that violate international refugee protection laws
– Respect their obligations under international human rights conventions
– Ensure the safety and well-being of all asylum seekers within their jurisdictions
– Recognize transnational repression as an international crime
Rightsdefenders urge the international community to hold both governments accountable for these serious violations and take necessary measures to prevent further instances of transnational repression.
References:
https://www.bbc.com/news/articles/cz7jxn38lvyo
https://clubofmozambique.com/news/un-deeply-concerned-by-kenyas-return-of-turkish-refugees-269352/
https://www.theafricareport.com/365804/kenya-ruto-faces-criticism-over-state-sanctioned-abductions
https://www.garoweonline.com/en/world/africa/un-slams-kenya-over-deportation-of-turkish-refugees
