Unjust Detention and Abuse of Minors and Mothers in Istanbul Allegedly Affiliated with the Gülen movement

Context

On the 7th of May 2024, the Turkish police conducted a large-scale operation in Istanbul, where multiple people associated with the Gülen movement, distinctly young female students were targeted. Consequently, 49 persons were detained, including students aged between 13-25, together with their parents. Among the people arrested, a mother with Parkinson’s disease and her daughter were put in prison, facing numerous violations of human rights that will be further explained. The operation was carried out by the Anti-Smuggling and Organised Crime and Anti-Terrorism units of the police in the Beylikdüzü district of Istanbul.

During the operation, multiple homes were forcibly entered and searched, and children were forcefully taken into custody by the Turkish authorities, despite objections from their families and lawyers. This has raised concerns among Turkish society, but also at the international level, about the treatment of minors and the violation of their basic rights during the operation.

Basis for the detention

During the investigations, the minor detainees were reportedly questioned in the absence of their lawyers, and their statements were allegedly manipulated by the police authorities. Some minors were interrogated for 15 hours without having access to legal services, while others were questioned under threat or pressure.

The alleged reasons for this operation were based on activities such as providing, educational support to people by being an education coach, offering financial support, assisting with language learning (English), and organizing educational events. All those activities were intended to support the legal as well as the learning/pedagogic needs for students, but instead, they were labelled as ‘terrorist activities’.

Among the detainees, the female students were questioned about institutions and activities that could be potentially linked to the Gülen Movement. Specific questions included subscriptions to closed publications, use of the ByLock application, and holding accounts at confiscated Bank Asya. Those inquiries as well as how they were made, reflect intrusion into individual freedoms of expression, access to information, and financial freedoms Other students were also questioned about participation in tuition centres, schools, or dormitories associated with the Gülen Movement. Other questions that were put were either interpretative, leading, or based on physical and phone surveillance.

Stories behind the scenes

The stories from the detained people paint a disturbing picture of the unlawful detentions in Istanbul and the heavy impacts on children and their families. From a mother arrested for providing English lessons to her children, to a doctor detained with his daughters, and a mother of seven detained along with her children, these stories showcase the arbitrary and unjust nature of the detentions. People who were suffering from different diseases, for example, a woman diagnosed with Parkinson’s disease, were kept in unsuitable and unacceptable conditions.

Those stories not only underscore the need for greater accountability in the detention process, in order to prevent these violations of human rights and arbitrariness but also bring to the surface the reality behind the bars and the unspoken atrocities that happen to these innocent individuals and their families.

Recommendations

The following recommendations are non-exhaustive and can be used to address human rights violations and prevent such cases:

  • Advocate for legal and humanitarian assistance by encouraging NGOs to provide support for the affected persons. For example, providing counselling services, funding legal defence and monitoring the conditions for the detainees to see if they align with the international standards.
  • Promote awareness and mobilize support for the current issue, as well as encouraging campaigns that support human rights. Additionally, these could also determine the Turkish authorities to adhere to international standards.
  • Call for investigation by demanding the UN organs or different human rights organizations to initiate an independent investigation to the alleged violations of human rights.

Keywords: Gülen, students, Turkish police, detention, Istanbul, minors, arbitrary, human rights

References:

Detention of Ismet Ozcelik Extended by 10 Months

By Aneta Orlowska

The case of Ismet Ozcelik, a Turkish national, has once again highlighted the concerns surrounding justice and the legal profession in Turkey. Ozcelik, an academic who has been held in detention since 2017 on alleged links to a cleric blamed for a 2016 coup attempt, was due for release from prison. However, his departure has been extended by an additional ten months, raising questions about the fairness and independence of the Turkish legal system.

Ozcelik, along with Turgay Karaman, a school principal, was deported from Malaysia to Turkey in 2017, where they were accused of ties to the network of Fethullah Gulen. The Gulen movement, led by an influential Islamic cleric, Fethullah Gulen, aims to provide devout Muslims with the necessary secular education for success in contemporary society while also emphasising the importance of traditional religious teachings. The movement promotes a tolerant form of Islam, highlighting values such as altruism, modesty, hard work, and education (Pew Research Center, 2010).

Since the failed coup attempt, the Turkish government has detained and jailed tens of thousands of people, pending trial, on suspicion of involvement with Gulen’s network. Human rights organizations have criticized this widespread crackdown for its impact on the rule of law and the right to a fair trial.

One of the key pieces of evidence used against Ozcelik was the allegation that he had used a mobile app called Bylock, which Turkish authorities claimed was used exclusively by Gulen’s followers. However, the European Court of Human Rights (ECtHR) has clarified that using Bylock cannot serve as reasonable suspicion for arrest or evidence for a conviction. Despite this, Ozcelik’s requests for an expert panel examination to contest the claims against him were denied, violating the principle of equality of arms in the legal process.

In addition to the Bylock allegation, Ozcelik’s participation in a protest and his social media posts criticizing the government’s actions were presented as evidence of his alleged membership in an armed terrorist organization. The UN Human Rights Committee and the ECtHR have emphasized protecting the fundamental rights to peaceful protest and freedom of expression. They have stated that these activities should not be criminalized without concrete evidence of involvement in illegal or terrorist activities.

Another contentious aspect of the case is the involvement of a private education company, Polat A.S., with which Ozcelik was a shareholder. Turkish authorities accused the company of being a front for carrying out alleged terrorist activities. However, critics argue that no concrete evidence substantiates this claim. Polat A.S. was a legally incorporated company operating under Turkish law and with a license from the Ministry of Education. Using such legal activities as grounds for criminal conviction raises concerns about the validity of the charges against Ozcelik.

The extension of Ozcelik’s detention by ten months has raised further concerns about the erosion of justice and the stifling of the legal profession in Turkey. Human rights defenders and legal experts have consistently expressed worries about arbitrary detention and the use of terrorism charges against individuals who exercise their rights to freedom of expression and peaceful protest.

The case of Ismet Ozcelik and others like him underscores the need for Turkey to uphold fundamental principles of justice, independence, and respect for human rights. International bodies, including the United Nations, have called for the release of detainees like Ozcelik and have highlighted the importance of providing effective remedies for those who have suffered violations of their rights.

As the detention of Ismet Ozcelik continues, it remains a stark reminder of the challenges facing the Turkish legal system and the urgent need for reforms to protect the rights and freedoms of all individuals.

Note: This article is based on available information and does not constitute legal advice or an official statement of the events described.

REFERENCES
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  • Scf. (2023, November 9). Man imprisoned on Gülen links to spend ten more months behind bars for making prayer beads. Stockholm Center for Freedom. https://stockholmcf.org/man-imprisoned-on-gulen-links-to-spend-10-more-months-behind-bars-for-making-prayer-beads/
  • Turkish Minute. (2023, November 9). Man imprisoned on Gülen links to spend 10 more months behind bars for making prayer beads. https://www.turkishminute.com/2023/11/09/man-imprisoned-on-gulen-link-to-spend-10-more-months-behind-bars-for-making-prayer-beads/
  • The United Nations Human Rights Committee has decided that Turkey is unfair. Justice Square. (n.d.). https://www.justicesquare.com/uncategorized/the-united-nations-human-rights-committee-has-decided-that-turkey-is-unfair/
  • Çetin, T. (2019, June 5). Un asks Turkey to release i̇smet özçelik and Turgay Karaman immediately. BoldMedya. https://boldmedya.com/2019/06/02/un-asks-turkey-to-release-immediately-ismet-ozcelik-and-turgay-karaman/