The United Nations Working Group on Arbitrary Detention has determined that the imprisonment of Akın Öztürk, the former commander of the Turkish Air Force who is serving a life sentence for his alleged role in a 2016 coup attempt, is arbitrary and violates international law, calling for his immediate release, the Stockholm Center for Freedom reported.
The UN Human Rights Council’s Working Group on Arbitrary Detention found that Öztürk was denied a fair trial, subjected to mistreatment and convicted based on flawed proceedings.
The panel has called on the Turkish government to immediately release Öztürk and provide him with compensation and other reparation, in accordance with international law.
The opinion, issued during the working group’s 100th session in August 2024, was made public on Wednesday.
Öztürk, 72, was arrested on July 17, 2016, two days after the abortive putsch, despite official reports initially acknowledging that he had worked to stop the coup.
According to the UN panel’s findings, Turkish authorities failed to present concrete evidence linking him to the coup, and much of the case against him was built on coerced testimony, unreliable witness statements and evidence that was allegedly manipulated or withheld. The panel found that his trial was marked by severe due process violations, including his arrest without a warrant, extended periods of solitary confinement and physical and psychological mistreatment while in police custody.
The opinion detailed allegations that Öztürk was subjected to torture following his arrest, including severe beatings, forced nudity, acid being poured on his fingernails and prolonged sleep deprivation. He was denied access to legal counsel of his choosing and was instead assigned a state-appointed lawyer with whom he had no prior contact. Key evidence that could have supported his defense, including surveillance footage, was either altered or withheld, while witness statements obtained under duress were admitted in court. The panel also criticized the Turkish judiciary for failing to exclude evidence obtained through torture and for disregarding exculpatory statements from other defendants.
The panel also urged Turkish authorities to investigate the violations surrounding his case and take appropriate action against those responsible.
In its late response to the UN inquiry, the Turkish government denied the allegations, asserting that Öztürk’s trial was conducted in accordance with legal standards. However, the UN panel rejected Turkey’s claims, stating that the government had failed to refute credible allegations of human rights violations and due process failures. The working group emphasized that Turkey’s derogations from the International Covenant on Civil and Political Rights during the post-coup state of emergency did not justify the violations observed in Öztürk’s case.
The UN body urged Turkish authorities to conduct an independent investigation into Öztürk’s detention and the broader judicial process, citing a pattern of arbitrary imprisonments in the country since the failed coup. It further recommended that Turkey grant access to international observers to assess conditions for detainees.
Despite multiple appeals, Öztürk remains in solitary confinement in an Ankara prison. The panel noted that his prolonged isolation, which exceeds international human rights standards, constitutes cruel and inhumane treatment.
Öztürk was accused of being a key orchestrator of the 2016 coup attempt, which left more than 250 people dead and thousands injured. Öztürk denied the allegations during his trial but he was convicted and sentenced to life in 2017.
Immediately after the abortive putsch, President Recep Tayyip Erdoğan pinned the blame on the faith-based Gülen movement, and the government has followed suit. The movement strongly denies any involvement in the coup attempt.
The late Turkish Islamic scholar Fethullah Gülen, whose views inspired the movement, is cited as the prime suspect in the indictment as the instigator of the coup attempt, while retired general Öztürk is listed as the second suspect.
Öztürk came to public attention one day after the coup attempt, on July 16, 2016, with photos showing him and other military officers apparently having been beaten. There were evident wounds on his face and body and blood on his T-shirt he claims were the result of the abuse he experienced due to his alleged involvement in the abortive putsch.
The former general has said that he was subjected to acts of humiliation and violence by male and female police officers as well as soldiers, including repeated beatings, until blood came out of his ears.
Following the coup attempt, the Turkish government launched a large-scale crackdown across the country on the media, public servants, judges, prosecutors and teachers, along with alleged rebels within the army. The detentions, arrests and massive purges only increased after a state of emergency was declared on July 20, 2016, concentrating power formally in the hands of the president by allowing him and his cabinet to make laws by fiat.
In the aftermath of the failed coup, allegations of torture, abuse and inhumane conditions in detention centers have been a persistent concern among human rights organizations. Reports from detainees describe severe beatings, sleep deprivation, electric shock and other forms of physical and psychological abuse.
International human rights groups, including Amnesty International and Human Rights Watch, have documented numerous cases of abuse and torture. Detainees have often been denied access to legal counsel and medical treatment and many report being pressured to sign confessions under duress.
The UN working group has requested an update on the implementation of its recommendations within six months.