Human Rights Watch
Nov. 2, 2021
[Their Rights and Freedoms Must Be Secured.]
Statement by Nongovernmental Organizations
02 November 2021
We, representatives of nongovernmental organizations, would like to
express our grave concern over the deteriorating situation for Turkmen
migrants in Turkey – primarily those who criticize Turkmen government
policies. Over the past few weeks many of them have been subjected to
threats, presumably as a result of pressure from the Turkmen
authorities on the law enforcement authorities of Turkey as well as
physical attacks. We call on the Turkmen government to stop this
harassment and call on the authorities of Turkey to uphold their
international legal obligations and ensure the protection of rights
and freedoms of Turkmen nationals residing in Turkey. We urge the
international community to closely monitor this worrying situation and
assist in resolving it.
Turkey is one of very few countries to which Turkmen citizens can
travel without a visa and where they may apply and obtain a residence
permit that is renewable on an annual basis. Similar languages and
culture foster auspicious conditions for employment, education, and
successful integration into local communities. According to some
sources, over a million Turkmen nationals reside in Turkey, including
migrant workers, students, and their family members.
In recent years, officials in Turkmenistan’s consulates abroad, in
violation of Turkmen law, have refused to renew and replace Turkmen
citizens’ passports, and force Turkmen residents to return to
Turkmenistan in order to renew their Turkmen identity documents. As a
result of this refusal, many Turkmen migrants cannot conform to
migration laws of the countries where they reside, including Turkey.
In the past eighteen months the situation has been exacerbated by the
Covid-19 pandemic: due to travel restrictions the number of Turkmen
nationals who are experiencing problems with their documents and are
unable to return to their home country has considerably increased. As
a result, thousands of Turkmen migrants with expired passports in
Turkey cannot exercise their rights to employment, education, health
care, and freedom of movement. They cannot register marriages, births,
and other civic acts.
This appalling situation has forced Turkmen migrants in Turkey to
organize a group of civil activists, who requested that the Consulate
fulfill their obligations under the Turkmen and international law to
renew passports. They also criticized the government’s refusal to
acknowledge the presence of Covid-19 infections in Turkmenistan, its
inadequate response to the country’s economic crisis, and the
authorities’ suppression of free speech. People started taking to the
streets to participate in peaceful rallies and sharing their problems
on social media. Many Turkmen nationals and human rights defenders
have repeatedly urged the Turkmen authorities to assist migrants in
legalizing their documents.
To the credit of the Turkish migration authorities, for a long time
they had been sympathetic towards Turkmen migrants and had not
penalized them because of expired passports. However, the situation
recently changed: in the course of preparations for the meeting of the
Cooperation Council of Turkic Speaking States, scheduled for 12
November in Istanbul, there has been an increasing number of reports
of arbitrary detention of Turkmen civil activists by the Turkish
police, their placement in deportation facilities and threats of their
immediate deportation to Turkmenistan. Experts[1] believe that the
Turkish authorities are trying to convince Turkmenistan to join the
Council and are making efforts to ensure this happens during the
upcoming session. Changes in the policy pursued by the Turkish
authorities towards Turkey-based Turkmen activists have occurred,
apparently, in response to requests by the Turkmen government, which
seeks to put an end to its nationals’ civic activities abroad.
Taking into account that Turkmenistan has a long record of severely
punishing peaceful critics of its government, forcibly returning
activists to Turkmenistan would place them at grave risk of
persecution, including a high risk of arbitrary arrest, torture, and
even enforced disappearance in prisons.
A number of recent cases illustrate this dramatic situation. This is
not a comprehensive list because not everyone is willing to disclose
their situation out of concern for the safety of their families in
Turkmenistan. Turkmen authorities are pressuring family members of
Turkey-based activists because of their civic activism. *
When detaining Turkmen migrants, Turkish police reportedly refer to a
list of 25 individuals, which was allegedly handed over to them by
Turkmenistan’s Consulate with a request for their detention and
deportation. Neither the detained activists nor Turkish lawyers
representing them have been able to see the list of 25 activists and
learn about the legal grounds for their detention. Turkmen human
rights defenders have on file a list of 13 individuals (№44/05-5490
dated 1 August), which the Turkmen Consulate sent to the Turkish
police.
Despite statements of Turkmen activists and international human rights
defenders, the Turkish authorities have continued to side with staff
of the Turkmenistan’s Consulate. The latter, in turn, are engaged in
creating false and arbitrary complaints against their fellow
countrymen, based on which the Turkish police arbitrarily and
illegally detain Turkmen migrants and threaten to deport them.
In addition, there are numerous alarming reports that Turkmen
nationals – supporters of Berdymukhammedov’s government – regularly
attack Turkmen civil activists in Turkey and threaten reprisals
against them and their family members. The complaints that these
activists have filed with Turkish law enforcement and judicial
authorities did not result in effective investigations or
prosecutions, which contributes to impunity and new assaults. **
There is also evidence that supporters of the Turkmen authorities have
routinely threatened and harassed activists in Turkey, and regularly
intimidate young activists on the phone and on the Internet. They
intimidate activists and their relatives with serious threats,
including murder, both in Turkey and Turkmenistan. Activists have
repeatedly filed reports with the Turkish police presenting
screenshots of the threats and giving names of perpetrators, but the
police do not undertake any effective action.
These attacks and threats are egregious examples of foreign nationals
persecuting Turkmen activists in Turkey. Inaction by the Turkish law
enforcement authorities in connection with this criminal wrongdoing
cannot be justified and contradicts Turkish and international law.
We call on the Turkish authorities:
to halt any plans to deport detained Turkmen activists to
Turkmenistan, ensure they have access to a lawyer, immediately release
them from deportation custody, and allow them to continue with their
steps to regularize their status in Turkey;
to promptly carry out an effective investigation of incidents of
attacks on and intimidation of Turkmen activists in Turkey and hold
those responsible accountable.
We hope that Turkey will abide by the rule of law and will not, in
order to advance geopolitical interests, pressure Turkmen activists
and cover up for those violating the law on its territory, at the
behest of illegal demands of Turkmen authorities. The Turkish
authorities must abide by its international obligations and the
fundamental principle of nonrefoulement, which obliges states to
ensure that they do not send anyone to a place where they face a real
risk of torture or other ill-treatment. Turkey is bound by its
obligations to protect fundamental rights and freedoms of people on
its territory and ensure they are not persecuted, and should not be
complicit in gross violations of human rights.
We urge intergovernmental organizations and Turkey’s international
partners to draw their attention to this acute situation and call on
Ankara to abide by its obligations under international law and prevent
deportation of Turkmen civil activists to Turkmenistan, including
those who are now in custody.
Annadurdy Khadjiev, Turkmen Helsinki Foundation for Human Rights (Bulgaria)
Farid Tukhbatullin, Turkmen Initiative for Human Rights (Austria)
Yuri Dzhibladze, Centre for the Development of Democracy and Human
Rights (Russia)
Adaem Çevik, Adalet Human Rights Platform (Turkey)
Vyacheslav Mamedov, Turkmen Civil Democratic Union (the Netherlands)
Ruslan Myatiyev, Turkmen.News (the Netherlands)
Тimur Misrikhanov, Turkmenistan’s Independent Lawyers Association
(the Netherlands)
Kate Watters, Crude Accountability (USA)
Ivar Dale, Norwegian Helsinki Committee (Norway)
Olga Zakharova, Freedom Files (Poland)
Krassimir Kanev, Bulgarian Helsinki Committee (Bulgaria)
Valentin Gefter, expert with the Presidential Council for the
Development of Civil Society and Human Rights under the President of
the Russian Federation (Russia)
Rachel Denber, Human Rights Watch (international)
Alexander Cherkasov, Human Rights Centre “Memorial”, included by
the Ministry of Justice of Russia in the list stipulated by p. 10 art.
13.1 of the Federal Law “On NGOs” (Russia)
Gerald Staberok, OMCT (World Organisation Against Torture) (international)
Svetlana Gannushkina, Civic Assistance Committee (Russia),
included by the Ministry of Justice of Russia in the list stipulated
by p. 10 art. 13.1 of the Federal Law “On NGOs”
Oleksandra Matviichuk, Center for Civil Liberties (Ukraine)
Artur Sakunts, Helsinki Citizens Assembly – Vanadzor office (Armenia)
Tolekan Ismailova, Human Rights Movement “Bir Duino – Kyrgyzstan”
(Kyrgyzstan)
Eldar Zeynalov, Human Rights Center of Azerbaijan (Azerbaijan)
Lenur Kerymov, Helsinki Foundation for Human Rights (Poland)
Natalia Taubina, Public Verdict Foundation, included by the
Ministry of Justice of Russia in the list stipulated by p. 10 art.
13.1 of the Federal Law “On NGOs” (Russia)
Evgeny Zhovtis, Kazakhstan International Bureau for Human Rights
and Rule of Law (Kazakhstan)
Anara Ibraeva, NGO “Kadyr-Kasiet” (Kazakhstan)
Elena Shakhova, Human rights NGO "Citizens' Watch", St.
Petersburg, included by the Ministry of Justice of Russia in the list
stipulated by p. 10 art. 13.1 of the Federal Law “On NGOs” (Russia)
Ucha Nanuashvili, Human Rights Center (Georgia)
Vadim Pivovarov, Association UMDPL (Ukraine)
Alex Postica, Promo LEX (Moldova)
Giorgi Marjanishvili, Center for Participation and Development (Georgia)
Anders Bjurner, Swedish OSCE Network (Sweden)
Sabuhi Gafarov, Human Rights Club (Azerbaijan)
Matthias Hui, humanrights.ch (Switzerland)
Matthew Schaaf, Freedom Now (USA)
Examples of persecution of Turkmen activists in Turkey
* On 27 September a civic activist, Dursoltan Taganova, was detained
and placed in a deportation centre, allegedly because the Migration
Office did not have a document confirming that she holds temporary
refugee status legalizing her stay in Turkey, despite the fact that
the Migration Office had previously granted her this status. Only on
12 October, after publication of appeals by human rights defenders and
the interference of a lawyer, Taganova was released under the pretext
of “a misunderstanding”. In mid-October she was again summoned to the
Migration Office, where officials tried to convince her to revoke her
refugee application which guarantees that she will not be deported.
In September 2021, in the presence of witnesses, activist Aziz Mamedov
submitted his passport to the Turkmen Consulate for extension. Since
then he has visited the Consulate three times, but diplomats have not
returned the document, claiming it has been lost. His lawyer is denied
access to the Consulate. Furthermore, every time the activist appears
at the Consulate, diplomats call the police.
On 18 October, 2021 47-year-old Akhmed Rakhmanov was sent to a
deportation centre soon after he had visited the Migration Office in
Antalya to extend his residence permit. Rakhmanov, the administrator
of an online chat group for a Turkmen political opposition
group-in-exile, Democratic Choice of Turkmenistan, has repeatedly
criticized the Turkmen regime on YouTube and TikTok and gave comments
to the Turkmen Service of Radio Liberty. He was kept in the Tuzla
deportation facility, where he went on hunger strike on 22 October,
2021.
Later on 18 October, 35-year-old Kamil Abulov was taken from his
apartment in Istanbul. Abulov’s spouse was informed by law enforcement
officers that the Turkish authorities have a list of 25 names of
Turkmen activists in Turkey who are at risk of detention at the behest
of the Turkmenistan’s Consulate. Abulov was also placed in the Tuzla
deportation centre. He is known to be one of the Turkmen activists who
had previously been detained by the Turkish police after a failed
rally attempt in front of Turkmenistan’s Consulate in Istanbul on 1
August. On 26 and 27 October 2021, after HRW’s appeal and the lawyer’s
interference, both were released.
Police officers were looking for three other Turkmen activists,
including Merdan Badrov, at their registered place of residence in
Istanbul on 20 October 2021, in order to detain them. Fortunately,
they were not at home.
On 22 October 2021, Bayram Allalyev was detained in a migration office
in Istanbul, to which he had been summoned to file for a renewal of
his residence permit. While he was filling in the documents, law
enforcement officers detained him. On 1 November, Allalyev was
released from the Pendik deportation centre.
** On 1 August 2021, with the collusion of employees of Turkmenistan’s
Consulate, a violent incident occurred when several activists were
beaten in front of the Consulate by unidentified officials. Two of the
victims had to seek medical help because one of them sustained an
injury to his head with a heavy object. There are solid grounds to
believe that the attackers are connected to Consulate staff because
when asked to return a telephone confiscated from the beaten activist
Aziz Mamedov, the attackers said that they could collect it in the
Consulate. The victims recognized the assailant on dashboard camera
footage. In addition, activist Farkhad Durdyev told human rights
defenders that during the incident he was tricked into entering the
Consulate area and was beaten. In connection with these attacks the
activists are working with lawyers and intend to resolve this issue by
legal means.
On 11 October 2021, two activists and a visitor to the office of the
Association of Oghuz Culture, Cooperation and Education in Istanbul,
were attacked by unidentified individuals. This happened after
activists had given an interview to a British journalist. A bag with a
telephone and documents was stolen from the Chairperson of the
Association of Oghuz Culture Nurmukhamed Annayev. Civic activist Aziz
Mamedov was severely punched in the face. First aid was rendered to
the assault’s victims. The activists claim that one of the attackers
resembles a person, who had assaulted Turkmen protesters in Istanbul
on 1 August 2021. This time, according to them, he had “an implement
which looked like a metal knuckle duster” in his hands. The activists
believe that the assault is related to the planned trip of Nurmukhamed
Annayev to the ODIHR/OSCE event scheduled to take place in Warsaw on
14-15 October, where he was going to give a speech criticizing the
Turkmen regime.
*****
[1] [What is behind the attacks on Turkmen activists in Istanbul? In
Russian] Что стоит за нападениями на туркменских активистов в
Стамбуле? Radio Azatlyk – Turkmen Service of Radio Liberty, 14.10.2021
https://urldefense.com/v3/__https://rus.azathabar.com/a/31508531.html__;!!LIr3w8kk_Xxm!6Bht731wsCTagXojINN_OQrCYpLLr2M2MIRdP1eB5v7fcpcmC6vWQ53VfPOIng$
; [A Turkmen wheel in a
Turkish cart. Ankara insists on Ashgabat's joining the Turkic Union.
In Russian] Туркменское колесо в турецкой телеге. Анкара настаивает на
вступлении Ашхабада в Тюркский союз. Serdar Aitakov, Nezavisimaya
Gazeta, 03.10.2021
https://urldefense.com/v3/__https://www.ng.ru/courier/2021-10-03/11_8267_turkmenia.html__;!!LIr3w8kk_Xxm!6Bht731wsCTagXojINN_OQrCYpLLr2M2MIRdP1eB5v7fcpcmC6vWQ5327j_vEw$