What Is A Travel Ban? How Can It Be Lifted?
In cases where there is a risk of delaying criminal sanctions against a person who is legally suspected or has committed a crime, it is one of the judicial control measures applied to the suspect or offender. In other words, it is a precautionary measure imposed by the court instead of a detention order, even though there are grounds for detention for persons suspected of committing a crime and persons whose guilt has been established.
Since the ban on leaving the country is a precautionary measure imposed on the suspect or offender prior to arrest, there must be strong suspicion that the person in question may commit a crime, flee, or destroy evidence. So, can the ban on leaving the country be lifted? Who can be appealed to regarding the ban on leaving the country? Which court has jurisdiction over this matter? Are there any Supreme Court decisions on this issue? Let’s look at the answers to these questions together.
Reasons for Travel Ban
Following the amendment to the Constitution of the Republic of Turkey No. 5982 on September 12, 2010, regulations regarding travel bans were also introduced. Within this scope, the ban on leaving the country imposed on individuals in previous years due to tax debts has been lifted, and the ban on leaving the country can only be imposed in cases of criminal investigation and prosecution and is subject to a court order.
One of the most frequently asked questions in this regard is whether a person who has not fulfilled their military service obligation can travel abroad. It should be noted that the constitutional amendment referendum of September 12, 2010, also eliminated this situation, and the ban on traveling abroad can only be restricted in cases of criminal investigation and prosecution, subject to a court order.
Lifting the Ban on Traveling Abroad
This ban may be lifted before the initiation of criminal proceedings or during the prosecution process after the initiation of criminal proceedings, upon the request of the prosecutor and with the approval of the Justice of the Peace. The lifting of this ban will be evaluated upon application.
The lifting of the ban on leaving the country may be requested by the suspect or defendant or by their lawyers. This application may vary depending on the authority that imposed the ban. If the ban was imposed as a result of an investigation, an appeal may be made to the judge; if it was imposed during the prosecution phase, an appeal may be made to the court.
The period granted by the legislator for lifting the ban on leaving the country is 7 days. Persons who do not object to the ban within 7 days will not be able to file an objection request for this ban afterwards. For detailed information regarding the ban on leaving the country or for assistance on the subject, you can consult with an experienced criminal lawyer who is an expert in the field.