AS/Jur (2023) 17
response was described as “swift and pointed”, Türkiye ultimately agreed to a request from Saudi authorities
to transfer the trial in absentia being held in connection with the murder to Saudi Arabia. 61
43. Following the Russian large-scale attack on Ukraine in 2022, Türkiye refused to support Sweden and
Finland’s applications to join NATO, unless Sweden handed over a set of wanted individuals. On 21 December
2022 Reuters reported that Mevlut Cavusoglu, Turkey’s Foreign Minister and a former President of this
Assembly, described at a news conference in Ankara the decision of Sweden’s Supreme Court to block the
extradition of Turkish journalist Dr Bülent Kenes as a ‘very negative’ development. President Erdogan had
earlier singled out Dr Kenes’ extradition as a condition for Turkey to approve Sweden joining NATO. This
behaviour is unacceptable to all those who support the rule of law and serves as an example of the type of
pressure which some countries seek to exercise over others to pursue what is essentially another aspect of
transnational repression. Even prior to the Turkish Government’s statement a pro-Turkish Government
newspaper had revealed Dr Kenes’ home address and published secretly taken photos in November 2022. Dr
Bulent Kenes is one of the founders of the Stockholm Centre for Freedom.
44. In 2023, a law firm, an NGO and the European judges association Magistrats europeéens pour la
démocratie et les libertés (MEDEL) announced that they had sent a communication to the Office of the
Prosecutor of the International Criminal Court (ICC), claiming that crimes against humanity had been or were
being committed in Türkiye. The communication enumerates the abduction of victims from different countries
who were brought to Türkiye in 17 cases of enforced disappearance; the closure of 72 schools linked to the
Gülen movement in 13 States party to the ICC Statute; the discriminatory withdrawal of passports and the
discriminatory non-issuance of ID cards in 29 States, as crimes that can be prosecuted by the ICC. 62 In 2020,
the UN Working Group on Arbitrary Detention had concluded that the arrest, detention and forced transfer to
Türkiye of Turkish nationals were arbitrary and in violation of international human rights norms. It noted a
pattern of targeting those with alleged links to the Gülen movement on the discriminatory basis of their political
or other opinion and recalled that the widespread or systematic imprisonment in violation of international law
might constitute crimes against humanity. 63
45. In a letter addressed to me as rapporteur on 6 January 2023, two members of the Turkish delegation to
PACE and members of our committee commented on the allegations of misuse of Red Notices by Türkiye and
other issues mentioned in my introductory memorandum. They said that Türkiye issued Red Notices requests
in accordance with its international obligations stemming from international law and its domestic legislation,
and that it was unfair to blame member States for allegedly misusing them. They suggested that my report
should rather focus on Interpol’s internal monitoring system that does not work properly and transparently.
3.3.
Azerbaijan
46. According to Freedom House, since 2014 Azerbaijan has conducted five renditions, from Ukraine,
Georgia, and Türkiye. In four of the cases, the victim was a journalist or a journalist’s spouse.64 Afgan Mukhtarli,
an Azerbaijani investigative journalist, vanished in May 2017 from Tbilisi and resurfaced in custody in Baku,
after what appeared to be a harrowing cross-border abduction.65 Fikret Huseynli, another Azerbaijani journalist,
claimed that Ukrainian authorities failed to protect him from the attack and attempted abduction by undercover
Azerbaijani state agents tracking him down in Kyiv in March 2018. He had previously been detained in Ukraine
on the basis of a Red Notice request by Baku.66
47. Well-known blogger and social-media opposition activist, Mahammad Mirzali, has been repeatedly
attacked including being shot, stabbed and severely beaten. In 2016 he left Azerbaijan and now lives in France
as a refugee. The Azerbaijani authorities have denied any involvement in these attacks. Reporters Without
61
https://freedomhouse.org/report/transnational-repression/turkey-host.
62https://stockholmcf.org/european-judges-association-belgian-law-firm-ngo-take-turkeys-alleged-crimes-against-
humanity-to-icc/
63https://www.ohchr.org/sites/default/files/Documents/Issues/Detention/Opinions/Session88/A_HRC_WGAD_2020_51_A
dvance_Edited_Version.pdf. See also :
https://www.ohchr.org/sites/default/files/Documents/Issues/Detention/Opinions/Session88/A_HRC_WGAD_2020_47_Ad
vance_Edited_Version.pdf;
64 Freedom House, Linzer and Schenkkan, 2021, op.cit, p. 49.
65 Georgia/Azerbaijan: Exiled Azerbaijani journalist at risk of torture after cross-border ‘abduction’ (amnesty.org), 30 May
2017.
66 'Trust No One': Exiled Azerbaijani Reporter Says He's Being Hunted In Kyiv (rferl.org), 19 March 2018.
15