The United Nations Working Group on Arbitrary Detention (WGAD) has ruled that the detention of Turkish journalist and author Ali Ünal is arbitrary and violates international human rights law. In an official opinion adopted during its 96th session, the Working Group found that Ünal’s deprivation of liberty falls under four separate categories of arbitrary detention, including violations of freedom of expression and the right to a fair trial.
Arrest Without Legal Basis
According to the findings, Ali Ünal was arrested on 10 August 2016 without being shown a warrant and was taken from a relative’s home by anti-terror police. The arrest, which followed the attempted coup in Türkiye, lacked legal basis and failed to meet both domestic procedural requirements and international standards.
The Working Group emphasized that under Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), no one shall be deprived of liberty except on grounds and in accordance with procedures established by law. The Turkish authorities’ failure to follow domestic legal procedures places Ünal’s detention under Category I of arbitrary deprivation of liberty.
Violation of Freedom of Expression
Ali Ünal, a former columnist for the now-closed Zaman newspaper, was well known for his peaceful writings critical of the government. The UN body concluded that his arrest and conviction stemmed directly from the exercise of his right to freedom of expression, protected under international human rights law. This places his case within Category II, which refers to detention resulting from the legitimate exercise of fundamental freedoms.
Unfair Trial and Political Discrimination
The Working Group also found that Ünal’s trial violated international fair trial guarantees, placing it under Category III. His detention was further deemed to fall under Category V, as it was based on discrimination due to his political opinions and presumed affiliations.
Lack of Individual Evidence and Official Response
While the Turkish Government defended the detention within the broader context of national security and anti-terror measures, it failed to provide individualized evidence against Ünal. Its response did not address the specific allegations raised and instead cited general justifications.
The Working Group noted that Ünal’s trial was based on vague accusations, including alleged links to the Gülen Movement, which the government blames for the 2016 coup attempt. Ünal’s conviction to 19 years and 6 months in prison relied on interviews, articles, and speeches that were part of his professional work as a journalist and writer.
Call for Immediate Release and Reparations
The UN experts called on Turkish authorities to immediately release Ali Ünal and to provide compensation and reparations in accordance with international law. They reiterated that the protection of human rights must not be undermined in the name of counter-terrorism or national security.
The Working Group remains in contact with Turkish authorities on this issue.
