Precedent Decision by the United Nations for July 15

The United Nations Human Rights Council Working Group on Arbitrary Detention ruled that the decision to deprive Cihangir Çenteli, who was arrested on July 15 and subsequently sentenced to life imprisonment without any concrete evidence, violated articles 3, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.

The decision is important in that it sets a precedent for thousands of similar cases. According to the decision, the Working Group reiterated that widespread or systematic incarceration or other serious deprivation of liberty practices in Turkey may constitute “crimes against humanity” and also stated that “the issue of whether Mr. Çenteli was released and, if so, on what date…” will be followed up.

Cihangir Çenteli was a military pilot in the Air Force and a staff officer at the Turkish Military Academy. On September 28, 2016, he was dismissed from his position. He was summoned by his commander to the War Academy Command in Istanbul to explain where he was and what he did on July 15, 2016, the day of the alleged coup attempt. Accordingly, he went to the War Academies Command on September 30, 2016. He was taken 'immediately' to Vatan Police Department by two police officers.

He was interrogated without a lawyer. His family was not informed for days, but he was told that 'his family had been informed'. He was not allowed to communicate with his family for days. Although he was interrogated by one police officer, the names of two police officers were written in the reports. He was then transferred to another police center in Zeytinburnu district.

He was detained for 12 days until he was presented before a judge. Five days after his detention, he saw a lawyer for the first time. His meeting with the lawyer appointed by the State Bar Association lasted 30 seconds. According to the lawyer, who arrived with preconceived notions, Çenteli was 'guilty' in advance... Although he repeatedly requested to be informed about the reasons for his detention and the charges against him, the authorities did not disclose this information to him.

On October 11, 2016, he was first appeared in front of the criminal court of peace on duty. Another lawyer appointed by the bar association was also present. However, he was not informed about the lawyer nor about the charges against him. During the hearing, the judge did not ask Çenteli any questions. Çenteli was also not given the opportunity to explain himself. He was arrested. However, not a single piece of evidence was presented on the charges that led to his arrest.

He was sent to Silivri Prison. He was able to meet with his family on October 20, 3 weeks after his detention. On November 22, 2016, he was officially dismissed from the Air Force. On April 13, 2017, part of the indictment was sent. However, the document only stated that Çenteli was seen in a building belonging to the armed forces on the night of the alleged coup attempt. No further details or evidence could be provided.

Detention reviews, which according to domestic law should have been carried out every 30 days, were carried out only twice during his detention. From the day he was arrested on September 30, 2016 until the first hearing on July 3, 2017, he had no contact with a prosecutor. It was reported that the prosecutor had previously referred individuals to the court for arrest without seeing them, taking their statements or interrogating them.

The trial began on July 3, 2017 at Istanbul 26th High Criminal Court. However, neither Çenteli's testimony nor his defense was heard by the court. He did not know what he was accused of. In the meantime, he did not have adequate communication with his lawyer. His meetings with his lawyer in prison were limited by arbitrary restrictions.

He did not learn of the charges against him until nine days after he entered his defense on August 18, 2017. He was given limited time for his defense and was prevented from asking questions to witnesses who testified against him. The judge rejected his requests without any justification.

On August 17, 2018, the 26th Assize Court sentenced him to life imprisonment for “attempting to overthrow the order stipulated by the Constitution of the Republic of Turkey”.

On December 19, 2018, an appeal was filed against the Heavy Penal Court's decision. It was rejected. This decision was appealed on November 25, 2019. On June 30, 2021, the 16th Criminal Chamber of the Court of Cassation upheld the verdict. Çenteli is currently detained in Silivri L Type Prison.

Turkey's Dictatorial Regime Fails to Respond

The incident in question and Çenteli's allegations were asked, but no answer was received from the dictatorial regime in Turkey. The resolution makes the following statements on this issue: “On July 31, 2023, the Working Group communicated the allegations from its source to the Government under the usual communication procedure. The Working Group requested the Government to provide detailed information on Mr. Çenteli's situation by 29 September 2023 and to clarify the legal provisions justifying his continued detention, as well as its compliance with the country's obligations under international human rights law and, in particular, with treaties ratified by the State. The Working Group regrets that it has not received a response from the Government to this communication. The Government did not request an extension of time for reply, as provided for in paragraph 16 of the Working Group's working methods. In the absence of a response from the Government, the Working Group decided to issue its present opinion in accordance with paragraph 15 of its working procedures.”

The Working Group's 'Final Decision' is as follows:

In light of the foregoing, the Working Group is of the following opinion:

* The deprivation of liberty of Mr. Cihangir Çenteli is arbitrary and in violation of Articles 3, 9, 10 and 11 of the Universal Declaration of Human Rights and Articles 9 and 14 of the International Covenant on Civil and Political Rights and falls within categories I and III.

* The Working Group urges the Government of Turkey to take the necessary steps to remedy Mr. Çenteli's situation without delay and bring it in line with relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

* Given all the circumstances of the case, the Working Group considers that the appropriate remedy would be the immediate release of Mr. Çenteli and an enforceable right to compensation and other reparations in accordance with international law.

* The Working Group urges the Government to ensure a full and independent investigation into the circumstances surrounding the arbitrary deprivation of Mr. Çenteli's liberty and to take appropriate measures against those responsible for the violation of his rights.

* The Working Group requests the Government to disseminate this opinion by all possible means and as widely as possible

Follow up procedure

In accordance with paragraph 20 of its working procedures, the Working Group requests the source and the Government to provide it with information on the measures taken to follow up on the recommendations made in this opinion, including:

(a) Whether Mr. Çenteli has been released and, if so, on what date;

(b) whether compensation or other reparations have been made to him;

(c) whether an investigation into the violation of Mr. Çenteli's rights has been conducted and, if so, the outcome of the investigation

(d) Whether any legislative or practical changes have been made to bring Turkey's laws and practices in line with its international obligations in line with the present opinion;

(e) Whether any other action has been taken to implement the present opinion.

The Government is invited to inform the Working Group of any difficulties it may have encountered in implementing the recommendations contained in this opinion and whether further technical assistance is required, for example through a visit by the Working Group.

The Working Group requests the source and the Government to provide the above-mentioned information within six months from the date of communication of this opinion. However, the Working Group reserves the right to take its own action in follow-up to the opinion if new concerns about the case are brought to its attention. Such action would enable the Working Group to keep the Human Rights Committee informed of the progress made in implementing its recommendations and of any lack of action.

The Working Group recalls that the Human Rights Committee encourages all States to cooperate with the Working Group and requests them to take into account 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 taken.