assurances from the Turkish authorities that Ms. Kesbir would not be
tortured would be inherently unreliable.222
Turkey’s Assurances
In response to the May court decision, the Dutch authorities sought and received an
additional letter of guarantee from the Turkish authorities stating that: “[T]here should
be no question as to Turkey’s adherence to its obligations emanating from the
international instruments that she is party to on issues that the Supreme Court has
expressed its sensitivity.”223 Apparently not satisfied with this response, the Dutch
authorities requested an explicit confirmation that the rights deriving from Turkey’s
human rights obligations be guaranteed in the specific case of Ms. Kesbir.224 In a terse
reply, the Turkish authorities complained that the Dutch authorities’ request for
additional guarantees specific to Ms. Kesbir were “rather redundant and unnecessary,”
but that “there should not be any doubt that she will receive a fair trial under the
guarantee of the ECHR and enjoy the full rights emanating from the said
Convention.”225
On September 7, 2004, the Dutch Minister of Justice decided to order Kesbir’s
extradition based on the assurances. Kesbir immediately appealed and requested the
Dutch Minister of Justice to justify the extradition decision in light of human rights
concerns, including the reliability of Turkey’s assurances against torture and unfair trial.
On November 8, 2004, a Dutch court halted Kesbir’s extradition. The court concluded
that, despite some reforms, Turkey continued to breach human rights, and that the
Dutch authorities should not have accepted as sufficient the general assurances offered
by the Turkish authorities.
The Dutch government appealed, producing one additional assurance from the Turkish
authorities stating that “Ms. Kesbir will be brought before the Turkish Court without
delay in accordance with relevant laws and have the unimpeded right of access to her
lawyers when extradited to Turkey.”226 Human Rights Watch wrote in a December 2004
letter to Piet Hein Donner, Dutch minister of justice:
222
Human Rights Watch Letter to Piet Hein Donner, May 24, 2004.
223
Letter from Embassy of Turkey to the Dutch Ministry of Foreign Affairs, Reference No. 2004/Lahey BE/7356,
May 25, 2004, copy on file with Human Rights Watch.
224
Letter from Consular Affairs Department, Legal Consular Affairs Division, Ministry of Foreign Affairs of the
Netherlands to the Embassy of Turkey, Reference No. CJ/CG-04/399, July 12, 2004, copy on file with Human
Rights Watch.
225
Letter from Embassy of Turkey to the Dutch Ministry of Foreign Affairs, Reference No. 184, July 26, 2004,
copy on file with Human Rights Watch.
226
Letter from Embassy of Turkey to the Dutch Ministry of Foreign Affairs, Reference No. 2004/Lahey
BE/15949, November 18, 2004, copy on file with Human Rights Watch.
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
74
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