Petition For Appeal Against Deportation Decision
TO ISTANBUL 1ST ADMINISTRATIVE COURT
-Suspension of Execution Requested-
CLAIMANT : … (…Citizen)
(Passport No:…)
AGENT :
DEFENDANT :
I Istanbul Governorship Provincial Directorate of Migration Management
SUBJECT :
It consists of the request for firstly the stay of execution and then the cancellation of the deportation decision dated …/…/2021 and numbered …. issued by the Governorate.
THE SUBJECT OF THE LAWSUIT
DATE OF NOTIFICATION :
…/…/2021
EXPLANATIONS :
Our client has entered Turkey legally. She is engaged in caring business in Turkey. Although our client did not insult or threaten the person named …. in any way, the person who is the complainant in the criminal file complained that our client insulted and threatened him. After staying at the police station for 3 days, our client was brought to Selimpaşa Removal Centre and taken under administrative detention and a deportation order was issued against him.
Our client has never insulted or threatened the person named ….. On the contrary, our client was threatened by the person named …. In addition, our client clearly stated in his statement at the police station that he did not commit the offence of insult and threat.
Despite this, our client was detained for 3 days, then taken to Selimpaşa Removal Centre and placed under administrative detention and a deportation order was issued against him. The decision to deport our 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 our client’s right to defend himself has been taken away from him, and it has not been possible for him to use his rights to present evidence in his favour and to benefit from the assistance of a defence counsel. In this way, our client was deported by applying administrative detention measures, so to speak, by extrajudicial execution. This constitutes a violation of the right to a fair trial in accordance with Article 6/3 ECHR.
It is also not possible for our client to threaten the person named … and thus pose a threat to public order. Although our 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 offence of insult to constitute a threat to public order and that there is no benefit in issuing a deportation order against our client and placing him under administrative detention.
On the other hand, our client has a dependent family in ….. He needs to fulfil his obligations in ….. by earning in Turkey. For this reason, taking all these issues into consideration, we demand the cancellation of the decision to deport our client.
States that respect human rights act in accordance with international law and universal standards that are the basis of international law when taking and implementing deportation decisions that deeply affect fundamental individual rights and freedoms. In this context, taking into account the provision added to Article 90/V of the Constitution of the Republic of Turkey in 2004, when implementing deportation orders in Turkey, it is obligatory to take into account not only the basic domestic legal regulations on deportation, but also the European Convention on Human Rights and its Additional Protocols and the judgements of the European Court of Human Rights, which is their implementing body.
It is clear that our client entered Turkey duly. Although it is claimed in the file that he insulted and threatened the person named …., this is not the case. Because it is necessary to ask the fate of the ongoing investigation in question. As such, it is not possible for our client to pose a threat to public order. On the other hand, there is no evidence that our client has made threats and insults within the scope of the entire file. Without waiting for the outcome of the ongoing investigation in terms of insult and threat, while our client’s guilt has not yet been established and there are no concrete facts about our client based on assumptions, an unlawful restriction order has been issued.
On the other hand, it could not be concretely demonstrated exactly which of the client’s actions constituted a threat to public security, public order or public health. There is no behaviour of the client that endangers public security and public order. In addition, the medical examination of the client did not reveal any contagious disease that would jeopardise public health. As such, the deportation of our client is unlawful. However, an administrative action has been taken against our client based on an untrue and abstract allegation and assumption. This administrative action causes victimisation of my client.
As can be seen from the entire file, our client has been accused of insult and threats without any interest and relevance, he has not been given the right to defence in this regard, his right to present the evidence in his favour and to benefit from the assistance of a defence counsel has been taken away. The presumption of innocence has been ignored in a file that is not yet certain to be found guilty, and a deportation order has been issued against him before he can defend himself. For all these reasons, it has become necessary to apply to your honourable court for the cancellation of the deportation decision dated …/…/2021 and numbered …. issued by the Governorate.
EVIDENCE :
Selimpaşa Removal Centre File belonging to our client, our client’s statement given by the police, the investigation file initiated against our client in terms of threats and insults and all kinds of legal evidence.
CONCLUSION and REQUEST :
For the reasons explained above and other reasons to be taken into consideration by your esteemed court, we respectfully request and demand that the deportation decision dated …/…/2021 and numbered …., which was unlawfully established by the Provincial Directorate of Migration Management of the Governorship of Istanbul against our client, be firstly suspended, then the cancellation of the relevant decision and the collection of the judicial expenses and attorney fees from the defendant administration.
DEFENDANT’S REPRESENTATIVE
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