Tsipras can avoid tension with Erdogan*

On the night of the failed coup in Turkey, a military helicopter with eight members of the Turkish army fled to the Greek city of Alexandroupolis and asked for political asylum. The officers were detained and after initial judiciary proceedings are expected to be judged for extradition to Turkey, requested by the Turkish government, as having taken part in the attempted coup.

Their treatment as detainees or prisoners in Turkey, in view of recent developments and statements from the Turkish President, Prime Minister and ministers, is most probably going to be inhuman. There is strong evidence of torture in the hands of the police, while the possibility of re-instating the death penalty in Turkey can't be excluded. Given the authoritarian stance of the current Turkish government there could even be a real risk of reciprocity in the application of the death penalty.

The Greek government is in an awkward position. If it refuses to extradite them it will certainly face a very hostile reaction from the Turkish government. If it extradites them it would possibly be an accomplice to serious violation of the Human Rights Convention.

Nevertheless a third way is possible for this mess. Assuming that the 8 military still do not want to be returned to Turkey, a procedure to refer the matter to the European Court of Human Rights would be possible. There is clear precedent for complicated situations as this to be judged by this court, as in the case of the German citizen Jens Soering (http://www.eji.org/files/Soering%20v.%20United%20Kingdom.pdf) who was facing extradition to the USA to be tried for murders. A trial in Virginia could result in a death sentence and thus Soering would be exposed to the so-called 'death row phenomenon' where the long wait for the execution of the death sentence should be deemed an inhuman and degrading punishment. The case was referred to the European Court of Human Rights and extradition was not allowed. Only after UK asked again for and secured assurance from the US about the exclusion of the death penalty, he was extradited, tried, convicted of first degree murders and sentenced to two consecutive life terms.

Another similar case, concerned Karamjit Singh Chahal, a Sikh legally residing in the United Kingdom. During a visit to India in 1984 he supported the movement for the autonomy of Punjab, he was arrested and was held in a police station for three weeks, where he was tortured and subjected to mock execution. On his return the British Government tried to deport to India claiming that he was a threat to national security in the UK. The case was referred to the ECHR, which ruled that his deportation would expose him to ill-treatment, in breach of the Article 3 of the European Convention on Human Rights.

The case of the eight Turkish officers is rather different, but the legal path towards the European Court of Human Rights could offer a legitimate solution which no government should refuse to respect.

*First published July 19, 2016 in German translation at http://www.n-tv.de/politik/politik_kommentare/So-kann-Tsipras-Streit-mit-Erdogan-vermeiden-article18228196.html