Turkish saga: defying the courts

Published
25

A frightening overreach of executive power has seen a UNHCR-protected Turkish family reportedly extradited back to Turkey despite a high court stay order in Pakistan.

The brazenness of the family’s abduction in Lahore and the defiance of local and international law by authorities are matched only by the senselessness of the actions. Surely, whatever the imperatives of maintaining a close relationship with Turkey and the regime of President Erdogan, there is no need whatsoever for Pakistan to violate its own laws and international obligations in order to satisfy a foreign agenda.

Indeed, it weakens Pakistan’s case when it comes to legitimate objections by this country to ill-advised actions sought by other states.

The US, for example, has made difficult demands of Pakistan in the past and even countries with which Pakistan has difficult relations, such as India, may try and use the mindless compliance with Turkish demands to put pressure on Pakistan. Surely, a path other than a clandestine extradition operation ought to have been possible in the Turkish family’s case.

Of great concern, too, is the apparent defiance of high court orders.

The superior judiciary has rightly attempted to stake out an equal space among institutions in the country; the system of checks and balances depending on empowered institutions willing and able to protect their constitutional domains. Perhaps there is an official and legally defensible reason by whatever authorities were responsible for the reported extradition, but that explanation must be demanded by the judiciary and it must be publicly presented.

Legal counsel for Turkish families facing the prospect of extradition have claimed that not only has the attorney general stated that UNHCR-protected individuals cannot be deported but that an undertaking to the effect was given to the superior judiciary when the issue arose last September. That pledge is all the more important now that the UNHCR has been reported to have extended the asylum-seekers’ protection to Turkish citizens from November 2017 to October 2018.

Ultimately, the weakening of legal protections of anyone residing in Pakistan affects everyone who resides in the country, citizen and non-citizen alike.

The missing persons issue has been a blight on the rule of law for more than a decade.

Indeed, before the original set of cases could be resolved — the disappearance of alleged militants and Baloch activists — the problem expanded to other sets of citizens.

The recent, highly alarming, disappearances in Sindh are an example of how hesitation by state institutions to firmly push back against illegal measures leads to the gradual expansion of those abuses. While all institutions pay lip service to the rule of law, few appear willing to abide by its true letter and spirit. The latest egregious decision by the state concerning Turkish citizens in Pakistan ought to be the final such example that is permitted or accepted.

Published in Dawn, October 17th, 2017

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...