Petition For Annulment Of Deportation Order
… Administrative Court
THE PLAINTIFF:
PLAINTIFF’S ATTORNEY
DEFENDANT:
SUBJECT: Request for stay of execution and annulment of the deportation decision dated …/…/… dated …/…/… numbered …. issued by the Governorate.
DATE OF NOTIFICATION OF THE SUBJECT MATTER OF THE LAWSUIT: …/…/…
EXPLANATIONS:
My client entered Turkey legally. He is engaged in … business in Turkey. Although our client has never insulted or threatened the person named …. in any way, the person who is the victim in the criminal file has complained that our client has insulted and threatened him. After staying at the police station for … days, our client was brought to … Repatriation Center and taken under administrative detention and a deportation order was issued against him.
My client has never insulted or threatened the person named ….. On the contrary, my client was threatened by the person named …. In addition, my client clearly stated in his statement at the police station that he did not commit the offense of insult and threat.
Despite this, my client was detained for … days and then taken to the … Removal Center, where he was placed under administrative detention and a deportation order was issued against him. The decision to deport my client for a crime he did not commit, without waiting for the outcome of the criminal investigation and trial, constitutes a violation of human rights. This is because the client’s right to defend himself has been taken away from him and he has not been able to exercise his rights to present evidence in his favor and to benefit from the assistance of a lawyer. This constitutes a violation of the right to a fair trial in accordance with Article 6/3 of the European Convention on Human Rights.
It is also not possible for my client to threaten the person named … and thus pose a threat to public order. Although my client does not accept the accusation attributed to him, even if such a situation is thought to exist, it is clear that it is not possible for the offense of insult to pose a threat to public order and that there is no benefit in issuing a deportation order against my client and placing him under administrative detention.
On the other hand, my client has a dependent family in ….. He needs to fulfill his obligations in ….. by earning in Turkey. Therefore, taking all these issues into consideration, we request that the decision to deport my client be “annulled”.
It is clear that my client entered Turkey duly. Although it is claimed in the file that he insulted and threatened the person named …., this was not the case. Because it is necessary to ask the fate of the ongoing investigation. As such, it is not possible for my client to pose a threat to public order. On the other hand, there is no evidence that my client has threatened and insulted within the scope of the entire file. Without waiting for the outcome of the ongoing investigation regarding insults and threats, a deportation decision was unlawfully issued against my client based on assumptions and without any concrete facts.
On the other hand, it has not been concretely demonstrated which of the client’s actions constitute a threat to public security, public order or public health. There is no behavior of the client that endangers public security and order. In addition, the client’s medical examination did not reveal any contagious disease that would jeopardize public health.
As can be seen from the entire file, my client has been accused of insult and threats when he has nothing to do with it, he has not been given the right to defense in this regard, his right to present evidence in his favor and to benefit from the assistance of a defense attorney has been taken away. The presumption of innocence was disregarded in the case, which is not yet certain to result in a guilty verdict, and a deportation order was issued against him before he could defend himself. For all these reasons, it has become necessary to apply to your honorable court for the cancellation of the deportation decision dated …/…/…. numbered …. issued by the Governorate.
EVIDENCE … Repatriation Center File belonging to the client, the statement given by the client, the investigation file initiated against the client in terms of threat and insult, and all kinds of legal evidence.
CONCLUSION AND REQUEST: For the reasons stated above and other reasons to be taken into consideration by your court, we request that the deportation decision issued by … be canceled unlawfully.
PLAINTIFF’S REPRESENTATIVE
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