A Turkish national who was held in custody over alleged terror links has been released on a personal bond of KSh1 million following a court order issued by the Kahawa Law Courts.
Mustafa Gungor was rescued from police after the court ruled continued detention beyond the legally permitted period without viable and abundant evidence would be a violation of his rights as a refugee as well as a breach of Kenyas international obligations.
According to the court order, the refugee will be free until 3 February when the matter will be at the court for further mention as investigations continue. Gungor, a registered Turkish refugee, was arrested by the Anti, Terrorist Police Unit (ATPU) on 20 December while in Nairobi.
He was alleged to have links to a group labelled as a terrorist organisation by the Turkish government, allegations that were reportedly linked to a Facebook post he reposted in 2018.
After his arrest, Gungor was held in police custody as the investigation proceeded. This move drew criticism from human rights organizations that expressed indignation over what they described as a prolonged detention without evidence.
In its ruling, the court noted that detaining the refugee beyond the constitutionally allowed period, in the absence of concrete evidence, would amount to a violation of both Kenya’s Constitution and its obligations under international refugee and human rights law.
Human rights groups welcomed the decision, describing it as a victory for the rule of law and the protection of refugees from arbitrary arrest and detention. They further emphasized that Kenya has a legal duty to protect refugees from forced deportation or extradition to countries where they may face persecution.
Gungor remains a free man pending further court proceedings, as the court considers the legality of the allegations against him and any potential extradition request.
