Transnational Repression within the EU: Human Rights at Stake in the Cases of Kenan Ayaz and Mehmet Çakas

The Cyprus Democratic Lawyers Association (CDLA) expresses its deep concern about recent developments in Germany and Cyprus that directly affect the fundamental rights of Kurdish political activists.

Kurdish political activist Kenan Ayaz, a recognized political refugee in the Republic of Cyprus, was extradited from Cyprus to Germany, where he was convicted by a German court to a prison sentence of four years and three months by a final judgment. When approving the execution of the European Arrest Warrant, the Court of the Republic of Cyprus set as a condition that the German Ministry of Justice would ensure his return to Cyprus in order for him to serve his sentence within its territory. Although this commitment was formally undertaken, it has not yet been implemented, leaving Mr. Ayaz facing a situation of prolonged uncertainty. This legal limbo undermines the principle of mutual trust in European criminal law and directly contradicts his status as a political refugee under international protection, causing disproportionate hardship to him and his family.

At the same time, another Kurdish activist, Mehmet Çakas, was confronted with an imminent risk of deportation from Germany to Turkey, where he faces a very serious risk of persecution and a life sentence. Although the Administrative Court of Lüneburg issued an emergency ruling temporarily suspending his deportation, the danger persists from the German executive authorities, as administrative bodies continue to pursue removal procedures despite the evident risks. This case is a striking example of transnational repression, which in this instance is carried out by Turkey through Germany, namely through the promotion and enforcement of political pressures that serve authoritarian interests and transform European administrative and judicial procedures into tools of political persecution.

Together, these two cases highlight a dangerous inconsistency in Germany’s stance. On the one hand, it has failed to fulfill its obligation, under European law and its own formal commitment, to return Mr. Ayaz to the Republic of Cyprus so that he may serve his sentence within its territory. On the other hand, it attempts to deport Mr. Çakas to Turkey, exposing him to political prosecution. This contradictory approach can only be understood within the context of the pressure exerted by Turkey against Kurdish activists across Europe. Such pressure cannot and must not override the binding principles of human rights, international protection, and the rule of law.

We therefore call upon the German authorities to take immediate steps to clarify and implement the transfer of Mr. Kenan Ayaz to the Republic of Cyprus, in accordance with their obligations under EU law and with full respect for his status as a political refugee. We also call upon the Italian authorities to revoke the decision rejecting asylum for Mr. Mehmet Çakas, given that his application had been submitted in Italy before he moved to Germany and was convicted there. At the same time, we call upon the European institutions to monitor and address the growing phenomenon of transnational repression within the European Union and to ensure that Member States do not become complicit in violations of fundamental rights.

The Cyprus Democratic Lawyers Association (CDLA) expresses its solidarity with Kurdish activists facing persecution and reaffirms its commitment to the defense of human rights, the independence of justice, and the rule of law in Europe.