Professional Documents
Culture Documents
Silenced Turkey
Special Report
September, 2018
EXPULSION OF
TURKISH TEACHERS
FROM MOLDOVA:
THE WHOLE STORY
1
CONTENT
Introduction ……………………………………………………………… 3
Conclusion ……………………………………………………….………. 23
1. Introduction
To the astonishment of the whole world last week, September 6, Turkey’s National
Intelligence Organization (MIT) and its Moldovan counterpart acted together in snatching six
Turkish nationals affiliated with Gulen Movement from Moldovan territory, triggering a wave of
international criticism and opprobrium against Moldova’s authorities for their acquiescence to
Ankara’s demand for the expulsion of teachers. How the incident took place, the nature of
international calls to stop the deportation of education officials working for Orizont High School,
and the failure or complicity of the Moldovan political leadership generated a great deal of
controversy, bringing their possible collaboration with the Turkish government in the whole
drama into sharper international focus. This report seeks to elucidate the main components of the
controversy and aims to contain as much detailed as possible the coverage by the international
media of the crisis and the final deportation despite for all pleas and calls from the international
community. It also shows that Moldova palpably violated certain articles of the International
Covenant on Civil and Political Rights (ICCPR) in the expulsion case. Amnesty International1
and other relevant international rights organizations and watchdogs poured bitter criticism
against Moldova for the saga, which unfolded amid outcries and protests by family members of
the school principals and teachers, and students who assiduously worked to secure their release,
only to no avail and to their dismay. Impervious to international criticism, the Turkish
government completed another phase of its global purge2 against domestic rivals, more
especially real and perceived members of the Gulen Movement, in blatant disregard of
international norms and laws. The latest operation conceivably shatters any complacent view that
the Turkish authorities would content with this and would abate its pursuit of Gulen people. On
the contrary, if anything Moldova story shows, Ankara will never wind down its zealous haunt of
Gulen-affiliated people no matter what the international criticism is, and with little regard for
consequences of its acts around the globe.
The detainees were named as Riza Dogan, director of the Durlesti branch of Orizont school
network, Hasan Karacaoglu, deputy general manager, Yasin Ozdil, responsible for public
relations at the same school, Ahmet Bilgi, director of Ciocana branch of the school chain and
Feridun Tufekci, director of the Ceadir-Lunga branch of the network, Balkan Insight reported3
last week. Galina Tufekci, wife of Feridun Tufekci, was embittered and furious over the official
explanation by Moldova’s authorities who portrayed the deported teachers as a “threat to national
security.”
“We had never weapons in our possession. We are regarded as exemplary individuals in
our community. My husband has been living here for 25 years. He had no criminal record,
he applied for citizenship in the past months,” she said, rejecting the remarks by authorities.
Hasan Karacaoglu’s wife, Ilknur Karacaoglu, told 4 Bold Medya about their genuine concerns for
potential deportation, when her husband was first detained and moved to an unknown place.
The current incident has a prologue. In March 2018, Turgay Sen, a Turkish national and the
director of Orizont school network was briefly detained for 10 days and barely avoided
extradition to Turkey by applying asylum in Moldova before his release from custody. The SIS
also did not provide any explanation for his detention then but authorities later charged him with
financing terrorism and imposed a ban on traveling abroad for the Orizont director for 10 days.
The network operates five schools across Moldova and is considered as one of the most
successful education institutions in the country.
The recent episode was the culmination of a series of kidnappings, abductions and deportations
of Gulen-linked teachers in a number of countries around the world, largely due to cooperation
of local security services with Turkey’s spy agency, MIT. What started as a single incident in
Malaysia in 20175 later morphed into a systematic campaign relentlessly pursued by the
3 Turkish Secret Services Nab Six ‘Gulenists’ in Moldova, Balkan Insight, September 6, 2018. http://www.balkaninsight.com/
en/article/six-turkish-professors-detained-by-moldovan-secret-services-09-06-2018
4 Hasan Karacaoğlu's wife is telling the unlawful custody in Moldavia, September 6, 2018. https://www.youtube.com/watch?
v=cLZWgG2pJjo&feature=youtu.be&a=
5 Turkish Men Face Torture After Being Extradited From Malaysia As Post-Coup Crackdown Continues, Independent, https://
www.independent.co.uk/news/world/asia/turkey-coup-attempt-erdogan-gulen-hizmet-movement-crackdown-malaysia-arrests-
extradited-karaman-a7733276.html (Access: September 12, 2018)
authorities in Ankara in their bid to crack down on Gulen-affiliated individuals and institutions
around the world.
As in all other cases, and most notably in Kosovo6 in late March this year, the tragic incident in
Moldova quickly became a matter of political controversy at the domestic realm, driving a
wedge between the government and opposition. Politicians critical of the Moldovan president
appeared to be appalled regarding how teachers were captured in broad daylight in the streets.
6 Capture of Turkish Teachers Stirs Political Chaos in Kosovo, Globe Post Turkey, March 29, 2018. https://
turkey.theglobepost.com/kosovo-gulen-movement-teachers/
7Cristina Pereteatcu: „Acestea sunt răpiri ilicite de oameni, efectuate cu încălcarea normelor de percheziție și reținere.” Radio
Europa Libera, https://www.europalibera.org/a/cristina-pereteatcu-retineri-cetateni-turci-orizont/29475611.html
sees the official statement about “Islamist activity” as a guise to cover up the real reason behind
the detention.
Moldova’s former education minister berated the government for being in cahoots with Turkey’s
authoritarian government and labeled the detention as a brazen assault on the very institution of
education itself. In a video message gone viral on social media, the minister underlined that for
authoritarian-minded governments, the education seems to be an enemy to them.
The capture, she noted, accentuated her core contention. “The Moldovan authorities illegally
arrested seven citizens of Turkey, seven school principals and teachers who have been working
for a while in the Moldovan schools,” said8 Maia Sandu, former education minister of Moldova
and a former presidential candidate, in a video posted on Facebook.
“They decided to deport these people to Turkey. We can only imagine what is going to happen to
these people in Turkey where the authorities do not respect the human rights. This action by the
Moldovan government proves that we are facing an authoritarian regime, which together with
another authoritarian regime from Ankara decided to fight education,” she said in indignation.
“Education is about freedom, education is about teaching people about human rights,
education is about teaching people democracy and so on,” she noted, adding that “this is
what they believe is the biggest enemy to them is education.”
She was not alone to denounce the incident that caused great distress across the political
spectrum in Moldova. Andrei Nastase, the leader of opposition Dignity and Truth Platform Party,
issued a sharp criticism of the arrests of the teachers.
“We were astonished by the detainment of Orizont High School staff in Stalinist fashion,” he
wrote9 on his Facebook page.
In a critical message, he slammed Moldova’s president and a rich oligarch whom he portrayed as
the richest man in the country.
“[Igor] Dodon and [Vladimir] Plahotniuc (a mafia leader, the richest man of the country) began
to abduct six Turkish nationals, including a kid, who are workers of Moldo-Turc Orizont High
School, in a relentless and abusive way. This act occurs at a time when Turkey’s authoritarian
President Recep Tayyip Erdogan cracks down on his political opponents across the world,” he
wrote.
This situation, he underlined, was the reflection of Erdogan’s repression against his rivals across
the world in that country.
Part of Nastase’s criticism echoed elements of a debate that captured domestic politics in
Moldova around Turkey’s financial assistance to the renovation of Moldova's presidential palace.
“Moldova’s submission for violation of individual rights in exchange for the money it received
for construction of the palace of Moldova Republic is unacceptable.”
He urged unconditional release of the people who were unjustly detained. “We demand
international organizations and embassies to involve in the incident,” he concluded in a plea to
the outside world. But his call largely fell on deaf ears as Moldova proceeded ahead with the
deportation of teachers whatever the international outcry.
The Moldovan president, however, denied10 media reports that the expulsion of citizens took
place at the behest of Turkish authorities. The Moldovan media reported that Ankara’s $10
million donation for the renovation of the presidential palace was conditioned on the extradition
of teachers.
Moldova-based Unimedia gave credence to the allegations in a headline of its story about the
deportation of the teachers. In the story, Unimedia underscored that the expulsion took place as a
result of an agreement between the Moldovan and Turkish authorities.
Unwittingly lending credence to the swirling rumors about such a pre-deal, Turkey’s Vice
President Fuat Oktay hailed the current level of economic cooperation between two countries. He
stated that government-run Turkish International Cooperation and Development Agency (TİKA)
is carrying out projects worthy of millions of dollars across Moldova. The TIKA, he highlighted,
oversees the renovation of the presidential palace project.
President Dodon stated that he invited President Erdogan this September to attend an
inauguration ceremony for the renovated presidential palace financed by Turkey. But the visit has
been postponed to October.
All but one applied for international protection in Moldova and were looking forward to be
granted asylum in September 2018. Another element that merits attention consists of the fact that
it was the intelligence agency that carried out the whole operation, not the judicial authorities.
But there was no legal process whatsoever.
10 AmnestyCriticizes Expulsion of Turkish Nationals From Moldova, Reuters, September 6, 2018. https://uk.reuters.com/article/
uk-moldova-turkey/amnesty-criticises-expulsion-of-turkish-nationals-from-moldova-idUKKCN1LM2PM?il=0 (Access:
September 9, 2018)
For reasons unfathomable to outside observers, spokesman for Moldova president refused any
link between the operation and the presidential office. He said there is an ongoing investigation
into probable misdeeds of the security service members and laboriously steered clear of any prior
knowledge or approval of the operation on behalf of the president.
It would be, for right reasons, inconceivable to think that the security service would have acted
on their own without the blessing of the authorities. The spokesman’s disavowal of the operation
11Igor Dodon urgently required SIS for all information on the expulsion of the Turkish citizens from Moldova, Accent TV,
September 7, 2018. http://a-tv.md/index.php?newsid=50022
on behalf of the president does little to dissipate the abundance of suspicion. The president’s
earlier remarks on Facebook give an opposite impression.
In a statement, the SIS stated that 12 it had “cooperated with the special services of other states” in
the operation, describing the seven as “foreign citizens suspected of links with an Islamist
group.”
“When it was confirmed that they posed a risk to national security, it was decided that these
persons should immediately leave the territory of Moldova,” the security service said, according
to Reuters. While it did not name a country, Turkey appeared to be the one teachers were
illegally transferred.
Undoubtedly, the expulsion of teachers and the way how the entire drama played out shook the
country to its roots. It dramatically unsettled Moldova’s political landscape and placed the
president at the heart of a sprawling public controversy.
Moldova’s Prime Minister Pavel Filip and Parliament Speaker Andrian Candu, both of whom
come from the ruling Democratic Party, summoned a parliamentary hearing for the directors of
the country’s intelligence service.
According to a report in Balkan Insight, the government demanded further information from the
SIS regarding the detention and expulsion of Turkish nationals affiliated with Gulen Movement.
“We have called for parliamentary hearings in the case of the expulsion from the country of
seven foreign citizens. It is very important to make sure that human rights, national and
international norms have been respected in this case,” Candu said. 13
12 Amnesty Criticizes Expulsion of Turkish Nationals From Moldova, Reuters, September 6, 2018.
13 Moldova to Grill Secret Service Chiefs Over Expulsions, Balkan Insight, September 7, 2018.
Facing public criticism, Dodon expressed support for the initiative and asked for evidence from
SIS. A day earlier he slammed Moldova’s media for double standards in the matter in a reference
to the expulsion of Russian diplomats from Moldova earlier this year.
“Parliament and the government have asked SIS to justify its extradition decision? Just formal
hearings? Since when has the SIS been acting on its own?” Igor Munteanu, a political analyst,
wrote14 on Facebook, emphasizing that the SIS only acts on political orders.
In repudiation of the official narrative, Liberal Democrat Party lawmaker Maria Ciobanu said
Turkish lawmakers did not pose any threat to national security. Reflecting on the close session of
the parliamentary hearing on her Facebook account, Ciobanu wrote that she heard nothing secret
there. “It was a long story, a nonsense that only imbeciles could understand.”
Turkey had long pressed Moldova to hand over Gulen-linked people. On a visit to Chisinau in
May 2017, then-Prime Minister Binali Yildirim urged his Moldovan Prime Minister Filip to shut
down Orizont schools over its ties to Gulen Movement. Ankara blames the group for the failed
2016 coup. Both U.S.-based cleric Fethullah Gulen and the movement sympathizers strongly
deny any link to the botched coup. The Moldovan prime minister left the issue in limbo, neither
acquiescing to the demand of Ankara nor outright turning down Yildirim’s plea back then.
“If there is evidence, of course, we expect Turkish experts to come and contact our Intelligence
and Security Service or the Interior Ministry, so we can address this issue legally,” Prime
Minister Filip then said, according to Balkan Insight.
Corina Fusu, former education minister, said15 she faced tremendous pressure from Turkey’s
officials to close down the Turkish schools in Moldova. Turkish authorities, she noted, pointed to
15Fost ministru al Educației: „Motiv de a închide Liceul „Orizont” se caută din 2016. Mi-au adus exemple din Afganistan,
Azerbaidjan, țări din Africa...” Ziarual National, September 8, 2018, https://www.ziarulnational.md/fost-ministru-al-educatiei-
motiv-de-a-inchide-liceul-orizont-se-cauta-din-2016-mi-au-adus-exemple-din-afganistan-azerbaidjan-tari-din-africa/
Pakistan and Afghanistan as examples in terms of shutdown of schools there. For the former
minister, Parliament’s decision to form a committee to investigate the deportation is nothing but
hypocrisy.
The portrayal of detention as illegal has become commonplace across the both sides of the
political aisle in the country. Vladislav Gribincea, Executive Director of Legal Resources Centre
from Moldova, is one of the key figures who shares the conviction that the detentions were
illegal. “If the ‘Immigration and Asylum Bureau’ did not declare these people as persona non
grata, then it is concluded that what the intelligence agency did was plainly illegal.”16
One week before the incident, Moldovan Minister Vasile Botnari was in Turkey. Opposition
leader Nastase informed the Moldovan public about Botnari’s visit to Turkey, digging into the
reasons for his presence there. “What was this man looking for in Turkey at that time, even
during our religious day? SIS Press Secretary confirmed about Bosnari’s trip to Turkey and
defended it as a short family vacation like all other public servants.
Socialist Party (PSRM) leader Vlad Batrincea leapt to the defense of President Dodon but what
he said placed the president under further public scrutiny. “Vlad Plahotniuc’s men organized the
deportation procedure. There is nothing for Igor Dodon to gain from such an incident.”17
Lamenting that the media pointed to Dodon as the main responsible figure, Batrincea said Dodon
did not show any consent to the expulsion of the Turkish nationals. But, he pointed out in an
incriminating tone, it was Plahotniuc who, having possessed remarkable capability for
unrestrained maneuvering, steered the whole act.
16 Vladislav Gribincea, despre cazul celor şapte cetăţeni turci expulzaţi din Moldova: Comportamentul SIS a fost ilegal,
Adevarul Moldova, September 10, 2018. https://adevarul.ro/moldova/politica/vladislav-gribincea-despre-cazul-celor-sapte-
cetateni-turci-expulzati-moldova-comportamentul-sis-fost-ilegal-1_5b965855df52022f754c285b/index.html
17 Vlad Bătrîncea: Expulzarea celor şapte cetăţeni turci a fost coordonată de Vlad Plahotniuc. Igor Dodon a avut doar de pierdut
de pe urma acestui caz, Adevarul Moldova, September 11, 2018. https://adevarul.ro/moldova/politica/vlad-batrincea-expulzarea-
celor-sapte-cetateni-turci-fost-coordonata-vlad-plahotniuc-igor-dodon-avut-doar-pierdut-urma-acestui-
caz-1_5b96ed0cdf52022f75502484/index.html
As the crisis was approaching to its climactic moment with the final expulsion, Johannes Hahn,
the E.U. Commissioner for European Neighborhood Policy and Enlargement, prodded the
Chisinau authorities to respect and uphold human rights.
“I expect the Moldovan government and all authorities to respect the rule of law and all
established judicial procedures,” he wrote on his Twitter account. His call, however, fell flat.
The incident sparked a widespread criticism both in Moldova and among the international
community.
“We are deeply concerned about the fate of the seven detained Turkish nationals. The Moldovan
authorities should have ensured their protection from forcible return to Turkey, but chose to do
the opposite and instantly deport them,” Marie Struthers, Amnesty International’s Director for
Eastern Europe and Central Asia, said18 last week.
The Moldovan authorities didn’t just violate these individuals’ rights once by deporting them --
they put them on a fast-track to further human rights violations such as an unfair trial,” she
noted.
18 Moldova: Seven people deported to Turkey despite major human rights concerns, Amnesty International, September 6, 2018.
https://www.amnesty.org/en/latest/news/2018/09/moldova-seven-people-deported-to-turkey-despite-major-human-rights-
concerns/
On its website, Amnesty noted that “the detainees weren’t informed of their rights at the time of
detention, nor about the charges laid against them.” According to videos and photos appeared on
social media, the detainees, Amnesty underlined, “were apprehended with excessive force and
intimidation.”
“The latest arrests in Moldova follow the pattern of political reprisals against Turkish nationals
living abroad by the increasingly repressive government of Recep Tayyip Erdogan. In March this
year, six Turkish nationals, also school employees, were abducted and unlawfully returned to
Turkey without the knowledge of the country’s highest authorities and without the ability to
challenge what happened to them,” Struthers said.
Amnesty added: “Forcible return of those seeking protection in Moldova is a flagrant violation of
Moldova’s international human rights obligations. The state authorities must immediately hold to
account those responsible for the arbitrary detention and expulsion of the Turkish nationals.”
“Teaching children is not a crime,” she then wrote on her Twitter account.
In an op-ed over the matter,19 Nate Schenkkan opined that Turkey’s policies put regional
countries at “loggerheads with the E.U. and the U.S.”
According to the writer, who also penned down an article on Turkey’s global purge campaign
against mostly Gulen people back in January of this year, this has become a pattern for Turkey to
pry countries with dismal democratic records.
“In countries with weak rule of law, widespread corruption, and major Turkish investments,
simply buying off officials is likely the shortest route to cooperation,” he wrote.
The violations of domestic and international law that the global purge generates, Schenkkan
argued, also undermine efforts to strengthen rule of law. He believes that “extraditing people who
are in the midst of applying for asylum, canceling residence permits and then summarily
deporting people to a country where they will face persecution, or simply snatching people off
the streets, all contribute to a culture of impunity and disregard for rights and procedures.”
While there is much professional and academic discussion of “authoritarian learning,” he noted,
the global purge is a clear case where an authoritarian country’s foreign policy is directly
producing human rights violations abroad, and undermining international efforts to strengthen
rule of law.
Emma Sinclair-Webb, Turkey director for Human Rights Watch, told Al Monitor: “While not
knowing the specific details of where these people were detained or where they were taken it
looks like part of the pattern of blatant disregard for the rule of law, the sidestepping of courts
and the mechanisms for extradition.” Sinclair-Webb drew parallels with Turkey’s “thuggish
19Nate Schenkkan, Erdogan’s Global Purge Extends to Moldova, Ahval, September 6, 2018 https://ahvalnews.com/global-purge/
erdogans-global-purge-extends-moldova
approach” in Kosovo, adding that the timing of the affair could be connected to Erdogan’s
planned state visit to Moldova. “There appears to be a transactional element,” she said.20
Sarah Leah Whitson, Executive Director of Middle East and North Africa at Human Rights
Watch, also reacted when the detentions took place.“More detention of Gulen-linked teachers
this time in Moldova,” she tweeted. 21
The incident sent rippling echoes across the Moldovan society and its neighbors as well.
Romanian TV programmer Rares Bogdan sharply criticized22 illegal detentions in Chisinau. He
claimed that the detainments were carried out by henchmen of Vlad Plahotniuc, one of the most
controversial and mysterious figures of the country. Before broadcasting video featuring the
moments of the detention, he warned people to keep children away from the TV scene. “Do not
allow your children to watch. Moldova’s rulers even claim that their place is within E.U.”
Monica Luisa Macovei, a parliamentarian from Romania in E.U., was equally indignant. When
detention reports first emerged in media, she tried to marshal 23 support among E.U. leaders in a
bid to induce and force Moldova’s authorities to shelve the deportation of teachers. She even
grilled Romania’s leadership over their inaction or for not placing enough pressure on Moldova
to stop the expulsion.
The latest incident had a particular resonance or chord for the E.U. parliamentarian. She
displayed a particular interest and showed great efforts for other vulnerable Turkish nationals
who were on the wanted list of the Erdogan administration in the Balkans.
Mihai Vacariu, a columnist, offered a bleak assessment of the political dispute and its
ramifications for Moldova’s political trajectory. “In an article titled Fraternity of Dictators and
Break From Europe,” he said it would be impossible not to get sad and lose hope for humanity
when seeing a photograph went viral on social media. He refers to a picture appeared in media
about children weeping after detained teachers.
Noting that teachers would remain behind bars probably for the rest of their lives, Vacariu
stressed that these teachers became a target of ‘Sultan Erdogan’ because of the fact that they raise
critically thinking and free-minded children.
“Erdogan well understood this fact: Education is the most important rival of all dictators, corrupt
governments, poverty and lack of democracy. Erdogan takes measures against this by arresting
all elites and teachers,” he wrote. 24
Erdogan, the columnist opined, has done the same what all other dictators previously did: “He
turned all values upside down, divided the society, created chaos and destroyed education to
tame his subjects in order to rule easier and longer.”
“The expulsion of these people to Turkey poses an imminent danger to their life and security and
also the risk of not receiving a fair trial,” Moldova’s Center for Legal Resources of Moldova and
the Promo-LEX human rights group wrote in a joint statement last week. 25
24 Miai Vacaru, Fratia dictatorilor sau ruperea de Europa, Adevarul Moldova, September 10, 2018 https://adevarul.ro/moldova/
actualitate/fratia-dictatorilor-ruperea-europa-1_5b96338edf52022f754b2d7b/index.html
25 Rights Groups Protest Moldova’s Unlawful Expulsion of Turks, Radio Free Europe, September 6, https://www.rferl.org/a/
rights-groups-protest-moldova-s-unlawful-expulsion-of-turkish-/29475963.html
According to the report on Radio Free Europe, Nicolae Esanu, a secretary of state at the Justice
Ministry, said the consequences were a cause for concern. I hope there are solid documents in the
SIS dossiers justifying the expulsion of the Turkish citizens because … we can only avoid a
conviction from the ECHR [European Court of Human Rights] if those expelled do not sue us,”
he wrote on his Facebook page.26
Alon Ben Meir, a professor at New York University Center for Global Affairs, expressed his
dismay on Twitter: “Does anyone know, what was the deal between Moldovan President
#IgorDodon and #Turkish President #Erdogan in exchange of the Turkish teachers???”
The pro-government Turkish media, however, was jubilant with the news and bragged about the
“success” of the operation. Gunes, a government mouthpiece, boasted in a headline that “Six
FETO members have been packed and sent back to Turkey.”
Hilal Kaplan, a loyalist and former advisor to President Erdogan, did not feel any need to hide
her joy. She poured lavish praise on Turkey’s intelligence agency in visible exaltation on her
Twitter account.
Moldova’s expulsion of teachers violate certain articles of the International Covenant on Civil
and Political Rights (ICCPR).
Article 7 of the ICCPR - No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his free consent to
medical or scientific experimentation.
According to media reports, it appears obvious that SIS Antiterrorism Center did not seek any
consent of the detainees when the detentions took place. And the way how they were captured, in
the light of the released video footages and Amnesty report, it all happened by force and
intimidation. None of the legal rights such as the right to legal defense, the right to see a doctor,
have a proper medical examination, the necessity of informing family members or close
associates, friends did not occur. What is conceived from the way how the detention took place,
it is safe to say that Turkish nationals were deprived of liberty, and their rights, mentioned above,
were completely ignored and violated by Moldova authorities. In addition to an array of
violations, authorities also failed to provide a full-fledged assessment on the existence of the risk
of potential mistreatment and torture that would take place once the victims are referred to
Turkey’s judicial system.
Article 9.1 of the ICCPR - Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on
such grounds and in accordance with such procedure as are established by law.
As far as publicly known, Moldova authorities did not issue an arrest or detention warrants
against the Turkish nationals in prior to the detentions. Either before September 6 or thereafter,
there has been no official document to the effect that it shows the existence of a legal probe or an
arrest warrant against the victims.
Article 9.2 of the ICCPR - Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against him.
Either before or during detention, Moldova authorities did not bother to inform the Turkish
nationals about the nature or cause of their arrests. They were not informed about what kind of
charges, if any, were laid against them. Even after they were deported, there were no official
criminal charges against the victims. While in custody at an unknown place, the detainees were
kept in darkness in legal terms without knowing what kind of a legal process or charges they
were facing.
Article 9.3 of the ICCPR - Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise judicial power and shall be
entitled to trial within a reasonable time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for
trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of
the judgement.
As the whole crisis was unfolding, despite lawyers of the detained teachers showed great efforts,
the victims were unable to access to any legal defense or a court. The lawyers failed to reach the
detainees, and were unable to provide proper legal counsel to them because they had no
information about their whereabouts during the detention. The victims’ access to full-scale legal
rights were blocked. They were not allowed to challenge their arrest or deportation at a court
hearing. Authorities completely blocked any channel of communication between the detainees
and their family members, lawyers and friends. Moldova’s officials did not take any statement
from the victims during their detention.
Article 9.4 of the ICCPR - Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may decide without delay on
the lawfulness of his detention and order his release if the detention is not lawful.
Moldova’s authorities also did not inform the detainees about their full legal rights such as
domestic legal remedy and judicial proceedings at a court. Therefore, victims were not able to
access to benefits that would emanate from proper legal proceedings at a court.
Article 13 of the ICCPR - An alien lawfully in the territory of a State Party to the present
Covenant …. be allowed to submit the reasons against his expulsion and to have his case
reviewed by, and be represented for the purpose before, the competent authority or a person or
persons especially designated by the competent authority.
Moldova’s authorities did not allow the victims to try their chance through an appeal of the
deportation decision. If the Article 13 of the ICCPR is implemented, they would challenge the
order for forcible removal by Moldova’s intelligence agency at a court. Immediately after their
arrest, the victims were deported back to Turkey, without giving any second chance for an
appeal.
As outlined and summarized above, the detention and expulsion of Turkish nationals, and how
the entire incident took place, has not been compatible with certain articles of the ICCPR.
Articles 7, 9 and 13 of the ICCPR were blatantly violated as authorities deprived the victims of
their liberty through force and intimidation, and did not allow them to access proper legal
defense and counsel, a proper communication with their family members. Additionally, victims
were not allowed to challenge the order taken by an intelligence agency, not a court, through an
appeal at the normal procedure of legal proceedings at a court. The victims were not informed of
the charges, if any, against them during their detention. The victims were not informed of their
legal rights. And authorities did not seriously ponder the most serious risk of mistreatment and
potential torture in Turkey when the nationals are deported back to their home country, against
their own will and consent.
Both Human Rights Watch (HRW) and Amnesty International documented in detail rampant
claims of torture and mistreatment in prison, especially after the failed coup in 2016.
6. Conclusion
If anything this tragic drama demonstrates, it is that the international society must be girding
itself for a long-term struggle to end these appalling practises through result-oriented pressure on
the countries subdued by Ankara. Moldova and other countries must openly face the risk of
international ostracism and even some form of punishment if they indeed seek grace of the
Western world regarding internal transformation of their political system and modernization of
the state apparatus in line with Western-oriented democratic reforms.
Kosovo and Moldova desperately need the Western economic and diplomatic support. And the
West should remind them that aids would be delivered only in case of full compliance and
observation of international norms. And violation and reckless free-riding would invite
reconsideration of those aid programs. Especially, the U.S. and E.U. have more leverage than
many thinks and would pressure those countries to comply with international laws.
27Cristina Gheramisov, The Rule of Law Is Under Attack in Moldova, Chatham House, September 12, 2018. https://
www.chathamhouse.org/expert/comment/rule-law-under-attack-moldova
After listing a number of latest developments, Cristina Gheramisov’s article illustrates how
Moldova veered off its democratic path and offers counsel for the E.U. and the West in order to
how to deal with the new reality. She noted European Parliament approved a resolution to
suspend a €100 million aid package to the country after the election annulment. Although
Plathotniuc-controlled media outlets were quick to blame the E.U. for meddling in internal
affairs of Moldova, the Chatham House article stressed that it is important that “Western donors
coordinate their efforts and hold firm.”
“In response to this democratic backsliding, Western partners should avoid engaging in any
financial assistance projects where the government is the main decision-maker or implementing
partner,” Gherasimov wrote. “More resources should be channelled towards direct civil society
initiatives and local community-building initiatives, as well as training and educational schemes
that would strengthen citizens’ capacity to keep government and political elites accountable,” she
noted, in suggestion to avoid direct engagement with the current government.
She added: “The West should also invest more in diaspora-led projects. Migrants’ own economic
power and strong commitment to improve living standards for their families left behind have
proven to be strong engines for domestic reforms in numerous societies.”
In conclusion, she argued that “by more actively supporting social and economic investment
projects in Moldova, Western partners are more likely to bring the country back on track to
sustainable democratic reforms.”
Regarding the deportation issue, Advocates of Silenced Turkey (AST) believes that this is not
how a modern European country should be treating the people that legally have been living there
and been a successful part of Moldova’s education sector. If any of those Turkish nationals were
part of any illegal activity, they should be prosecuted in Moldovan court system as long as there
is evidence to prosecute them. This is how it is done in modern and civilized countries, and we
are sure that you would not want Moldova to be seen as an authoritarian country such as Turkey.
AST strongly recommends Moldova’s authorities to make those intelligence officials and
politicians, who involved in the deportation of the Turkish nationals, accountable. This matter
cannot be overlooked and if Moldova fails to thoroughly investigate the case and skips
prosecution of the responsible ones, it would encourage further violation of international and
domestic law in similar cases.
AST also recommends the Turkish government in Ankara to stop targeting Turkish nationals
abroad. If Turkey believes that any of the nationals mentioned above posed a threat to Turkey or
violated any law, they must be prosecuted within the realm of law with due process, fair trial and
treatment. But past cases demonstrate that the lack of fair trial and existence of torture in Turkish
prison do not give any confidence for such expectations.