Legal experts: gov't passport return initiative also unconstitutional

Serkan Alan / Duvar English

Duringthe extended state of emergency that was imposed in Turkey followingthe failed military coup of July 2016, more than 130,000 weredismissed from their jobs in the public sphere by government decreeand had their passports seized. Opposition parties decried thispractice as unconstitutional and contrary to the principle of freedomof travel.

Thoughprovisions expected to be included in the government's much-discussedjudicial reform package--which is anticipated to be revealed nextmonth--will enable the government workers dismissed by decree to gettheir passports back, legal experts say these provisions are alsotechnically unconstitutional.

Thegovernment's measure is expected to allow those who are not underlegal investigation or who were acquitted in court to reapply fortheir passports, while also allowing those who have carried out theirsentences in their entirety or had their sentences suspended toobtain passports pending the approval of the Ministry of InternalAffairs.

The decision to seize passports was illegal in the first place

While the return of passports may be initially perceived as a positive step, law professor Dr. Metin Günday warned that it is not that simple. “I'm an administrative law professor and I'm looking at this from another angle. This cannot be described as reform. Let's not fool anyone,” Günday told Duvar.

Gündayexplained that a government decree is not a judicial matter, and apassport can only be seized following a court decision, so thedecision to seize passports from those dismissed from their jobs bydecree was illegal from the beginning. However, he added that the theMinistry of Internal Affairs returning a passport without the pretextof a legal decision is also unconstitutional.

Gündaysaid that after the removal of the state of emergency declaration,all of the seized passports should have been returned immediately tothose who had not had them confiscated via a court decision, addingthat because of this fact there was no need for 'reform' regardingthis matter in the first place.

According to the left-wing, pro-Kurdish People's Democratic Party (HDP) deputy Ömer Faruk Gergerlioğlu, there are those who are unable to get their passports back due to prosecutors delaying their cases, or those waiting for the Supreme Court of Appeals to rule on their court cases, adding that it is unclear if those who have completed their sentences will be able to get their passports back. “Harsh human rights violations continue to occur. By eliminating part of them you cannot get rid of this constitutional violation. This step, which is being carried out in order to eliminate suffering of some will pave the way for the suffering of others,” Gergerlioğlu said.

“Unquestioneddecisions were made regarding those dismissed by government decree.Now discrimination will be introduced in terms of those who areguilty and those who are innocent. This is an unacceptable situation.What needs to happen is that the cancelling of passports of thosedismissed by government decree needs to be completely done awaywith,” Gergerlioğlu said.