The arrest of Judge Akay in September 2016, his detention and legal proceedings against him are inconsistent with the assertion of his diplomatic immunity by the United Nations, as well as the binding judicial order by the Mechanism to the Government of Turkey issued in January 2017. The President of the Mechanism, Judge Theodor Meron, formally brought the matter to the attention of the UN Security Council in March 2017.
The President of the Mechanism, Judge Meron, noted that he “deeply regrets this action of the Turkish authorities, in further breach of Judge Akay’s protected status under the international legal framework.” While he welcomes as a humanitarian matter that Judge Akay has been provisionally released, President Meron stated that he “remains gravely concerned that the Government of Turkey has pursued domestic proceedings in disregard of the applicable international legal framework and calls upon the Government to take urgent steps to respect the protected status of Judge Akay and to resolve the situation consistent with international law.”
Source: United Nations - Mechanism for International Criminal Tribunals