Members of the Gülen movement in Türkiye – those who follow the teachings of Islamic cleric Fethullah Gülen – have faced discrimination for many years. This discrimination intensified after July 2016, when Gülenists were accused by Erdoğan of attempting a violent coup. Following this, the Gülen movement was criminalized by Erdoğan as an “armed terrorist organization”, and Erdoğan cracked down on all individuals and groups allegedly affiliated with the movement, under the guise of counterterrorism. The crackdown of individuals and groups allegedly affiliated with the Gülen movement has been internationally condemned as overbroad and violating human rights, including by Amnesty and Human Rights Watch. Many innocent people are caught up in the wave of mass detentions and torture, as evidenced by the numerous decisions by UN mechanisms, including the UN Working Group on Arbitrary Detention, that have found various detentions and convictions to be arbitrary and unlawful.
One particularly egregious example was the arbitrary detention of G.S., as her six-year-old son was undergoing chemotherapy for terminal, advanced-stage cancer.
As a state party to the UN Convention on the Rights of the Child, Türkiye is obligated to protect children’s rights, including their right to life and to health. By continuing to arbitrarily detain his mother, Türkiye was violating the rights of both mother and son at that critical time.
David Matas and Sarah Teich represented the family and lodged a complaint against Türkiye with the UN Committee on the Rights of the Child.
These filings received significant support from many Turkish organizations, including the Advocates of Silenced Turkey (AST).
One day after the initial filing, Türkiye permitted G.S. to spend a few days with her son at the hospital. Weeks after the second interim measures request, Türkiye amended its national legislation to allow for the postponement of prison sentences for female convicts with seriously ill children. Shortly thereafter, G.S. was released.
The Committee’s final decision is available online here.
Despite the positive legal outcomes and the precious time they gained together, young Y.K.S. passed away on September 27, 2023.