TÜRKİYE: ARBITRARY DETENTION OF SYRIAN REFUGEE ADIL SIBIH

The International League Against Arbitrary Detention urges the Government of Türkiye to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 12/2025 concerning Adil Sibih, asking the Government of Türkiye to immediately and unconditionally release Mr. Sibih and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Adil Sibih (Türkiye): Opinion No. 12/2025.

ARREST AND DETENTION OF A SYRIAN REFUGEE

Adil Sibih is a Syrian refugee with a temporary protection card, born in 2000, residing in Kayseri, Türkiye.

On 19 September 2024, three uniformed police officers from the anti-terror unit entered his home without presenting an arrest or search warrant. He was taken to the police station and interrogated without legal counsel. That day, the Government issued an administrative detention decision, which was presented to him the next day. The following day, he was transferred to the Kayseri Removal Centre, where he remains detained. He was also notified about the deportation order issued against him.

On 23 September 2024, Mr. Sibih’s lawyer challenged the detention order. On 3 October 2024, the appeal was rejected without trial by the First Kayseri Peace Penal Court, putting an end to the possible contestation of this order.

The Working Group transmitted the allegations from the source to the Government of Türkiye. On 3 February 2025, the Government submitted its response.

ARRESTED WITHOUT WARRANT AND SUBJECTED TO ADMINISTRATIVE DETENTION

The source stated that Mr. Sibih was not presented with an arrest warrant or a search warrant at the time of his arrest. The Government has not contested these allegations. Therefore, the Working Group found that Mr. Sibih was arrested without any legal basis, in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 (1) and (2) of the International Covenant on Civil and Political Rights.

According to the source, the applicant's lawyer requested a trial for Mr. Sibih's appeal. However, they never received an answer. Mr. Sibih was interrogated on charges of being a member of a terrorist organization due to his participation in a WhatsApp Group and in the absence of his lawyer. The Government, again, has not disproved this. The Working Group recalled that the absence of a lawyer durig interrogation represents a serious violation of the applicant's right to legal assistance. It also stated that objective factors are necessary to connect an individual to a crime, and detention based on vague allegations is arbitrary. Hence, the Working Group found that his detention without proper judicial review violated article 9 (4) of the Covenant.

Therefore, the Working Group concluded that Mr. Sibih’s deprivation of liberty lacked a legal basis and was arbitrary under category I.

DETAINED FOR EXERCISING FREEDOM OF EXPRESSION AND RELIGION

Mr. Sibih was accused of being a member of a terrorist organization based on his participation in a WhatsApp group that shared religious texts. The Government failed to present evidence of a threat to national security, public order, or public health or morals due to Mr. Sibih's activities in this group. The Working Group found that Mr. Sibih’s detention was based on his peaceful religious and expressive conduct, protected under articles 18 and 19 of the Universal Declaration of Human Rights and articles 18 and 19 of the Covenant.

Thus, the Working Group concluded that Mr. Sibih’s detention was arbitrary under category II.

UNABLE TO PROPERLY CHALLENGE THE LEGALITY OF THE DETENTION

Mr. Sibih is a Syrian refugee with temporary protection placed in administrative detention pending deportation to Syria. He was denied prompt access to a judge, as the appeal was concluded without a trial despite the petition for one. The Working Group reminded that detention of asylum-seekers, refugees and immigrants should be the last resort and can not be unlimited and excessively long. Furthermore, given the situation in Syria, Mr. Sibih's return to his country would amount to a violation of the principle of non-refoulement. In such a case, the person must be released to avoid indefinite detention.

Therefore, the Working Group concluded that Mr. Sibih’s detention was arbitrary under category IV as he was subjected to prolonged administrative custody without the possibility of effective administrative or judicial review or remedy.

DISCRIMINATION BASED ON NATIONALITY AND REFUGEE STATUS

The source affirmed that Mr. Sibih was arrested and detained due to his nationality and refugee status. He merely shared religious and prayer texts and rejected any connection to terrorist activities. The Government failed to provide evidence of specific criminal acts committed by the applicant. The Working Group, therefore, can not conclude that Mr. Sibih's arrest and detention were based on legitimate security reasons rather than discrimination. Hence, the Working Group found a violation of articles 2 (1) and 26 of the Covenant and article 7 of the Universal Declaration of Human Rights.

The Working Group concluded that Mr. Sibih’s detention was arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detention of Adil Sibih was arbitrary and fell under categories I, II, IV and V, because his deprivation of liberty was in contravention of articles 2, 3, 7, 9, 18 and 19 of the Universal Declaration of Human Rights and articles 2, 9, 18, 19 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Türkiye take the steps necessary to remedy the situation of Mr. Sibih without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate solution would be to immediately release him and grant him an enforceable right to compensation and other reparations, in accordance with international law.