The UN Working Group on Arbitrary Detention has issued an opinion declaring that the ongoing detention of Akin Öztürk, former Commander of the Turkish Air Force, is arbitrary and in violation of international law. The Group called on the Government of Türkiye to release him immediately and ensure accountability for the violations of his rights.
Arbitrary Detention Following the 2016 Coup Attempt
Akin Öztürk, who had retired from active command and held a semi-retired advisory position in the High Military Consultative Council at the time of the 2016 coup attempt, was arrested days after attempting to mediate the crisis on behalf of the military leadership. According to the source, Mr. Öztürk was summoned under the pretense of providing a witness statement but was detained without a warrant or formal charges.
The Working Group found that his arrest and detention fell under Categories I, III, and V of its classification of arbitrary detention:
Category I: No legal basis was presented to justify his arrest;
Category III: His right to a fair trial was severely violated, including lack of impartiality and judicial oversight;
Category V: His detention was influenced by political discrimination based on opinion and perceived affiliations.
No Evidence or Due Process
The submission emphasized that no objective evidence, witness testimony, or security footage linked Mr. Öztürk to criminal conduct. He had been on pre-planned annual leave during the events leading to the coup and returned only after being requested to help de-escalate the situation.
The Government of Türkiye failed to respond within the given timeframe to the UN’s request for justification and documentation related to Mr. Öztürk’s detention. The Working Group noted that the burden of proof lies with the State once a credible prima facie case has been made, and that the Government’s silence reinforces the credibility of the allegations.
Health Concerns and Urgent Action
Citing serious concerns over Mr. Öztürk’s physical and mental health, the Working Group invoked its “urgent action” procedure, urging Türkiye to uphold its obligations under Article 10(1) of the International Covenant on Civil and Political Rights, which guarantees humane treatment and respect for the dignity of all persons deprived of their liberty.
A Call for Justice
The Working Group reminded Türkiye that arbitrary detention, particularly when rooted in discrimination and political repression, violates the core principles of international law. It called for:
- The immediate release of Akin Öztürk;
- Full compliance with fair trial standards;
- And medical care and humane treatment during his detention.
The case adds to a growing body of UN opinions criticizing Türkiye’s post-2016 crackdown, especially on individuals allegedly affiliated with the Gülen Movement, military personnel, and public officials.
The Working Group recalls that the Human Rights Council has encouraged all States to cooperate with the Working Group and has requested them to take account of its views and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty, and to inform the Working Group of the steps they have taken.
https://documents.un.org/doc/undoc/gen/g24/208/07/pdf/g2420807.pdf
