Concerns as Turkish refugee detained in Kenya over 2018 social media post

Concerns are mounting over the arrest and continued detention of a Turkish refugee in Kenya by the Anti-Terrorism Police Unit (ATPU).

Mustafa Gungor, a 42-year-old Turkish national, teacher and father of two, was arrested on Saturday at the Standard Gauge Railway (SGR) terminus after arriving from Mombasa with his family.

According to Amnesty International Kenya, Mr Gungor is a registered refugee, recognised under international law and duly registered with both the United Nations refugee agency and the Government of Kenya.

Speaking in Nairobi, Amnesty International Kenya executive director Irungu Houghton said the arrest is alarming and raised fears that Kenyan authorities could be acting on pressure from the Turkish government.

Houghton stated that the case could set a dangerous precedent for refugee protection and Kenya’s obligations under international law.

According to Houghton, the arrest followed a failed attempt by security officers to access Mr Gungor’s former residence a day earlier.

“On Friday, December 19, seven officers arrived at his former home in a minibus to gain access to the property, but they did not find him,” Houghton said.

The following day, as Gungor arrived in Nairobi aboard the SGR, officers detained him alongside five members of his family, which included his wife, two minor children and his in-laws.

All were taken to the ATPU headquarters in Upper Hill. While his family members were later released, Gungor remained in custody.

According to Houghton, the basis of the complaint against him is a social media post he reposted in 2018, which is seven years ago, allegedly linking him to the Gülen Movement.

“He was asked to comment on a complaint received by the Government of Kenya through the Office of the Attorney General from the Turkish government, alleging that a Facebook post he reposted in 2018 made him part of the Gülen movement,” Houghton said.

Gungor has not been formally charged and according to Amnesty International, there is no legal basis for his continued detention, noting that he has no criminal record and has not violated any conditions of his asylum, which was granted five years ago.

“Kenya takes a long time to grant refugee status. We assume due diligence was done. The United Nations humanitarian agency has recognised him as a refugee, and therefore he is protected under international and Kenyan law,” said Houghton.

Irungu expressed concern that the detention could lead to repatriation, which would violate the principle of non-refoulement, which is the prohibition against returning refugees to countries where they face persecution.

“Kenya should be a place where people fleeing persecution come for safety, not a place where the country they fled from is empowered to come and get them,” Houghton said.

He stated that such actions could undermine Kenya’s standing as a refuge for more than 800,000 registered refugees.

“We are jeopardising our status as a sanctuary nation, not just for Mustafa Gungor, but for the entire refugee community,” he said.

The Law Society of Kenya (LSK) vice president Mwaura Kabata said the detention fits into a troubling pattern of foreign governments pursuing refugees on Kenyan soil.

“What is shocking to us as a professional body is the continuous and insistent pattern where the state of Turkey seems to have its cake and eat it in Kenya. There have been many incidences of the Turkish government making requests through the Office of the Attorney General to repatriate persons with formal refugee status in Kenya,” said Kabata.

Kabata said that Gungor has lived in Kenya for over a decade, with a clear legal status.

“His residence is known. His family is known. His businesses are known by the lawful authorities. There is no compelling reason to continue detaining him,” Kabata said.

Gulen Movement is a transnational Islamic social and educational movement founded by cleric Fethullah Gülen.

The movement promotes education, interfaith dialogue and social service, and runs a global network of schools and institutions. While it once had influence within Turkey’s political and bureaucratic circles, it fell out with President Recep Tayyip Erdogan’s government and was accused of orchestrating the failed 2016 coup, which is an allegation Gulen and his followers deny.

Following the coup attempt, the Turkish government outlawed the movement, labelled it a terrorist organisation, and launched mass purges across state institutions.

“If you look at the documents we have seen from Turkey, they relate to one thing only, a Facebook post from 2018. Under Kenyan law, this would not even sustain an arrest. There is no arrest warrant that would justify this,” Kabata said.

He warned against a move by the Directorate of Criminal Investigations (DCI) officers relating the Gulen Movement with internationally recognised terrorist groups.

“They are now lumping the Gülen movement with Daesh to fit into a terrorism script. But as it stands, the Gulen movement is not a listed terrorist organisation. It is a political movement that the Turkish state finds uncomfortable,” he said.

Kabata also recalled previous cases where Turkish nationals were extradited from Kenya under similar circumstances.

“Four Turkish nationals were extradited using the same script. To this day, no one knows where they are. Once Gungor is put on that plane, will we know where he goes?” he said.