Amnesty International has issued an urgent
appeal to Kenyan authorities over the arrest of Turkish national Mustafa Güngör
and members of his family.
Amnesty said Güngör was arrested alongside his wife Zeliha,
their daughters Seniha Betül and Zeynep and his in-laws Zümrüt and Salim.
The lobby group said it had “reliably learnt” that Turkish
authorities sought his arrest through a Mutual Legal Assistance request sent to
the Office of the Attorney General of Kenya.
“Kenya has an obligation under international law not to return
anyone to a country where they face persecution or harm,” Amnesty said.
It urged the Directorate of Criminal Investigations and other
authorities to respect the principle of non-refoulement, ensure due process and
allow the family continued access to lawyers, the UN Refugee Agency and the Judiciary.
Amnesty officers said they were present at the DCI offices in
Upper Hill together with the family’s lawyers to monitor the situation.
The case has reignited scrutiny of Kenya’s handling of Turkish
nationals sought by Ankara, particularly in the context of allegations that
some have been forcibly returned despite court orders or pending asylum claims.
Over the past decade, rights groups have documented several
cases in which Turkish teachers, businessmen and professionals were arrested in
Kenya and subsequently deported to Türkiye.
The arrests are often in connection with accusations by the
Turkish government of links to the Gülen movement, which Ankara labels a
terrorist organisation.
On October 18 last year seven Turkish asylum seekers
were abducted in Nairobi and four of them were later sent to Turkey.
Mustafa Genç, his son Abdullah Genç, Hüseyin Yeşilsu, Necdet
Seyitoğlu, Öztürk Uzun, Alparslan Taşçı, and his wife Saadet Taşçı were
reportedly kidnapped by unknown individuals.
While Abdullah Genç, Seyitoğlu and Taşçı were released, Uzun, Taşçı
and Yeşilsu were refouled, a serious violation of international law.
One of the most cited cases occurred in 2018, when Turkish
educator Selahaddin Gülen and businessman Mesut Kacmaz were abducted and later
surfaced in Türkiye.
Kenyan authorities denied involvement, but the High Court later
ruled that the deportations were illegal and violated the men’s constitutional
rights.
Similar findings have been made in subsequent cases, with courts
affirming that Kenya is bound by its constitution and international treaties to
protect individuals from refoulement.
Under Article 2(6) of the constitution, international law forms
part of Kenyan law, including the 1951 Refugee Convention and the Convention
Against Torture, both of which prohibit the return of individuals to countries
where they face a real risk of torture or persecution.
Kenyan courts have repeatedly held that this protection applies
regardless of the individual’s immigration status.
Amnesty said the involvement of an MLA request raised further
concerns about transparency and due process.
While Kenya and Türkiye have mechanisms for legal cooperation,
rights groups argue that such requests must not override fundamental human
rights safeguards.
“The authorities must ensure Mustafa Güngör and his family are
not secretly transferred out of the country,” Amnesty said.
It urged agencies to act in accordance with the law and past
court rulings.
