TAHA EL GAZİ’NİN SINIR DIŞI EDİLMESİ:
GERİ GÖNDERME YASAĞININ İHLALİ VE HAK SAVUNUCULUĞUNA YÖNELİK AĞIR BİR TEHDİTTİR!
İnsan hakları savunucusu ve Göçmen Mülteci Dayanışma Ağı'nın üyesi Taha El Gazi ve eşinin vatandaşlıklarının iptal edilerek, itiraz hakkı dahi tanınmadan, hukuka aykırı bir şekilde sınır dışı edilmeleri; geri gönderme yasağının, hukukun üstünlüğünün ve hak savunuculuğunun açık bir ihlalidir.
Yaklaşık üç gün boyunca, Taha El Gazi’nin nerede olduğuna dair bilgi verilmemesi, ailesinin ve avukatının tüm çabalarına rağmen bu bilginin saklanması ayrıca ciddi bir hukuk ihlali ve kişinin özgürlük ve güvenlik hakkının ihlali anlamına gelmektedir.
Taha El Gazi’nin anlatımına göre olay şu şekilde gelişmiştir:
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10 Mayıs 2025 Cuma gecesi saat 21:30 sularında, sivil polisler El Gazi’nin evine gelmiş, "adres teyidi" bahanesiyle karakola çağırmışlardır.
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Kısa süre sonra 5 sivil kişi tarafından gözaltına alınmış, telefonu, cüzdanı ve kimliği elinden alınmıştır.
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İstanbul Emniyet Müdürlüğü’ne götürülmüş, "G207 provokatif eylemlere katılma" suçlaması yöneltilmiş, avukat ya da ailesiyle görüşmesine izin verilmemiştir.
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Sağlık kontrolü sonrasında Arnavutköy Geri Gönderme Merkezi'ne, ardından Aydın GGM’ye götürülmüş, istihbarat görevlileri tarafından "vatandaşlık iptali ve sınır dışı kararı" bildirilen El Gazi, eşinin sağlık durumu nedeniyle gönüllü dönüş belgesini imzalamak zorunda bırakılmıştır.
Vatandaşlık iptali ve sınır dışı kararları birer idari işlem olup, bu kararlara karşı yargı yolu açıktır. Ancak Taha El Gazi ve eşi, bu haklardan yararlandırılmadan fiilen sınır dışı edilmiştir.
Bu süreçte:
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Kararlar tebliğ edilmemiştir.
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Dava açma ve savunma hakkı fiilen engellenmiştir.
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Geri gönderme yasağı ihlal edilmiştir.
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Hak savunuculuğu cezalandırılmıştır.
Bu Uygulama Ne Anlama Geliyor?
Taha El Gazi’nin yıllardır yürüttüğü hak savunuculuğu çalışmaları, göçmenlerin adalete erişimi ve insani koşullarda yaşama hakkı için verdiği mücadele bugün cezalandırılmak istenmektedir. Bu durum yalnızca El Gazi'ye değil, Türkiye'deki milyonlarca mülteciye, sivil topluma ve hukukun üstünlüğüne açık bir tehdittir.
Hatırlatmak isteriz ki, yalnızca 7 Mayıs 2025 tarihinde Özbek muhalif Alişir Tursunov’un da benzer şekilde yasal hakları gasp edilerek sınır dışı edildiği kamuoyuna yansımıştı. Bu vakalar münferit değil, yeni bir hukuk dışı uygulama dalgasının işaretleridir.
TALEPLERİMİZ AÇIKTIR:
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Taha El Gazi ve eşine yönelik vatandaşlık iptali ve sınır dışı kararları derhal geri çekilmelidir.
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Bu hukuksuzluk sona erdirilmeli, kendilerine Türkiye’ye geri dönme hakkı sağlanmalıdır.
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Başta geri gönderme yasağı olmak üzere, anayasal haklar ve uluslararası insan hakları yükümlülükleri derhal uygulanmalıdır.
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Sivil toplum ve insan hakları savunucularına yönelik baskı politikalarına son verilmelidir.
Bu çağrıyı yalnızca bir kişi için değil, Türkiye’deki hukukun üstünlüğü, hak savunuculuğunun güvenliği ve insanlık onuru için yapıyoruz.
Göçmen Mülteci Dayanışma Ağı
TO THE PRESS AND THE PUBLIC 22.05.2025
DEPORTATION OF TAHA EL GAZI IS A VIOLATION
OF NON-REFOULEMENT AND A THREAT TO RIGHTS ADVOCACY,
THE DECISION SHOULD BE IMMEDIATELY WITHDRAWN!
The abrupt deportation of human rights activist and member of our Network Taha El Gazi and his wife, without even being granted the right to appeal, by revoking their citizenship rights, is a clear violation of non-refoulement defined in national and international law, and a serious threat to the binding force of law, acquired rights and rights advocacy. The fact that information about Taha El Gazi’s whereabouts was concealed despite all efforts of his family and lawyer for approximately 3 days is also a violation of the law. We demand that the deportation decision be immediately withdrawn, that this unlawfulness inflicted on Taha El Gazi and his wife be ended and that their return to Turkey be provided. The fact that the information about Taha El Gazi's whereabouts was kept secret despite all efforts of his family and lawyer for approximately 3 days is also a violation of the law. We demand that the deportation decision be immediately withdrawn, that this unlawfulness that Taha El Gazi and his wife are subjected to be ended, and that their return to Turkey be allowed.
According to Taha El Gazi, the incident unfolded as follows; On Friday evening at around 9:30, plainclothes police officers came to the house and asked for Taha El Gazi. His wife said she was not at home and then El Gazi was called on the phone. The officer on the phone told El Gazi, “We came to confirm your address, you need to come to the police station.” When El Gazi said, “I’m away, I’ll come tomorrow,” the officer said, “If you don’t come, we’ll pick up your wife.” El Gazi thought it wasn’t about address confirmation and said, “I’ll be right back,” and hung up. When he got close to the house, 5 plainclothes men approached him and took his keys, phone, wallet, and ID, put him in their car, and took him to the Istanbul Police Department on Vatan Avenue. On the way, they told El Gazi, “You are currently deteined, you are charged with participation in provocative actions coded G207” and so El Gazi wanted to call his family and lawyer, but he was told it was “forbidden” and was not allowed. He was taken to a section in the police department and a video was taken with his hands behind his back and his head down, “as if he were a criminal”. He was then taken out of the police department, taken to the hospital, where a medical report was obtained, and he was taken to Arnavutköy Removal Center (Arnavutköy GGM). However, less than 20 minutes later, he was put into a vehicle with 6 gendarmes in it and set off. When he asked where he was being taken, he was not given any information and was told that he had no right to ask questions. After a long time, he told the gendarmerie sitting next to him that his wife has health problems and that he wanted to make a phone call. He was given permission for 1 minute call, and during that time he sent a message to his wife and lawyer, also sending his location and was able to give an indication of his whereabouts. He was brought to Aydın Atatürk State Hospital at around 07:30 on Saturday morning, a report was obtained for assault, then he was taken to Aydın GGM and where he was told that he would stay there. About an hour later, two people came and said that they wanted to talk to him. The officer, who El Gazi assumed was an intelligence officer and had a 60-page file in his hand, said, “Do you know the accusation against you?” and then told him that his citizenship had been revoked and a deportation order had been issued for him. In addition, the officer had said: “We don’t know how long you will stay here, it could be 2 weeks, 6 months or even longer.” The officer had added that there was also a revocation of citizenship and a deportation order against his wife. Even though the deportation decision had not been notified, the fact that a state official made this statement means that there was such a decision, and El Gazi thought that in this case he might be forced to stay in the GGM for a long time, and said, “I could have stayed there for a long time, but I did not want my wife to stay in the GGM for even 5 minutes, she has health problems and cannot stand these conditions,” and announced that he and his wife were ready to sign the voluntary return documents, and then the procedures were carried out and they were deported on the grounds of “border violation.” El Gazi was able to call his friends in Turkey with the phone that was delivered to him after he was released from the border gate to the Syrian side and reported his situation to them. Taha El Gazi, who stated that he was not subjected to any ill-treatment by the officials during this entire period, said in his assessment, “Migration policies and decisions are unfortunately irregular and unstable. I see the decision against me as wrong. This decision is not a personal matter. I see in this decision the victimization of a profession, victimization of an approach that represents human rights. Taha has established relations with all groups in Turkey, including the government, to protect the rights of Syrian refugees for years, and those who see Taha El Ghazi's efforts as a crime today should look at their own humanity. This is not a personal matter, it is a matter about what is happening to law and justice and in Turkey. The issue is not what was done to Taha, but whether the authorities comply with the law and regulations. The cancellation of Taha's citizenship is also a great danger for Turkish citizens, because this is unlawful and unjust?". El Gazi also remarked that, if possible, he wants to return and continue working for the rights of Syrian refugees.
As will be recalled Uzbekistani oppositionist Alişir Tursunov (Mübeşşir Ahmed) was deported on May 7, 2025. This deportation can be listed among the deportation practices that violate the non-refoulement, which are frequently discussed in the public. Tursunov was detained and placed in the Removal Center (GGM), and the Uzbekistan Ministry of Internal Affairs announced that Tursunov was handed over to them by Turkey on Saturday, May 10, 2025, and that he was arrested and put in prison on charges of “spreading religious material” and “posing a threat to public security.”
Like Tursunov, Taha El Gazi and his wife were deported without being given the opportunity for a legal appeal. However, the cancellation of citizenship rights and the deportation decision are both administrative decisions and, according to the law, individuals have the right to appeal these decisions through the courts. What happened to Taha El Gazi and his wife shows that the law is disregarded in Turkey, that the acquired rights of millions of immigrants and refugees are under threat, and that their acquired rights are at the discretion of public authorities and deprived of legal protection.
We do not accept this unlawful decision that is the abrupt deportation of Taha El Gazi and his wife without being given the right to appeal. What happened is a clear violation of the prohibition of non-refoulement defined in national and international law, and a serious threat to the binding force of law, acquired rights and advocacy of rights. We demand the immediate withdrawal of the decision to cancel citizenship and deportation, the end of this unlawfulness that Taha El Gazi and his wife are subjected to and granting them the means for their return to Turkey.
MIGRANTS AND REFUGEES SOLIDARITY NETWORK
