Federal Supreme Court denies extradition of turkish citizen persecuted by the Erdogan government

The Second Chamber of the STF has unanimously vetoed the extradition of a political opponent, requested by Turkey

Photo shows the STF Minister Edson Fachin in Second Chamber trial

On Tuesday 6, the Second Chamber of the STF (Supreme Federal Court) vetoed the request for the extradition of Ali Sipahi, from Turkey who is a naturalised Brazilian citizen. Sipahi has lived in Brazil for 12 years and was taken into custody in April at the request of the Turkish government who are accusing him of “supporting and being a member of a terrorist group”. This is the classification given by President Erdogan to the Gulen Movement, founded by one his government’s opponents. 

During his vote, the rapporteur of the case, Minister Edson Fachin, held that article 82 of the Migration Law (13.445/2017) vetoes extradition when “the extradited person will have to face a court or judgment of limited jurisdiction in the state making the request” and stressed the lack of guarantee of an impartial trial in Turkey. The rapporteur’s vote was followed by those of Ministers Gilmar Mendes, Ricardo Lewandowski, Celso de Mello and the President Carmen Lúcia.

“In the context of an Executive that is attempting to undermine the Migration Law by means of Ordinance 666 and through legislative demands, summary deportations and by violating migrants’ right to defence, today’s decision shows the STF’s commitment to legality and the Constitution.” Said Camila Asano, Conectas Programme Coordinator. “This decision represents legal security for communities seeking refuge in Brazil and is a clear message to the government that the judiciary will not tolerate attempts to take away migrants’ rights.” She added.

The persecution of political opponents by the Turkish government has been criticised by international human rights organisations and by the UN. In 2018, the UN High Commissioner for Human Rights published a report outlining persecution, arbitrary detentions and collective and kin punishment of politically repressed people in Turkey.

Conectas was admitted to the trial as amicus curiae (friend of the court) and was represented by the Lawyer, Beto Vasconcelos. In his oral statement at the STF, Vasconcelos said that “denial of extradition will be a clear and incontestable sign of resistance and rejection to any government, in any region on the planet, who wishes to flirt with or sign up for authoritarianism, by dismantling democratic institutions, attacking plurality, diversity and society’s voice, with violence and the violation of human rights.”