…Administrative Court
PLAINTIFF:
ATTORNEY:
DEFENDANT:
SUBJECT: The deportation decision dated …/…/… issued by the Governor’s Office. Request for suspension and annulment of the first execution of the deportation decision numbered 1/…/….
DATE OF NOTIFICATION OF THE SUBJECT OF THE PROCEEDINGS: …/…/…
EXPLANATIONS:
My client entered Turkey legally. He is engaged in commercial activities in Turkey. Our client …. Although he did not engage in any insults or threats, the person who is the victim in the criminal case filed a complaint, claiming that our client insulted and threatened him. Our client was brought to the Return Center after spending … days at the police station, placed under administrative supervision, and a deportation decision was issued against him.
My client … did not insult or threaten the aforementioned person in any way. On the contrary, my client … was threatened. Furthermore, my client clearly stated in his statement at the police station that he did not commit the crime of insult or threat.
Despite this, my client was detained for … days, then taken to the Return Center, placed under administrative supervision, and issued a deportation order. The deportation of 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. Since my client was deprived of his right to defend himself, he was unable to present evidence in his favor or avail himself of the assistance of a lawyer. This situation constitutes a violation of the right to a fair trial under Article 6/3 of the European Convention on Human Rights.
It is also impossible that my client threatened … and thus threatened public order. Even if my client did not admit to the charges against him, and even if such a situation were considered to exist, it is clear that the offense of insult cannot threaten public order and that there is no benefit in deporting my client and placing him under administrative supervision.
On the other hand, my client has a family to care for in his country. He is obliged to fulfill his obligations in … by earning income in Turkey. Therefore, taking all these matters into consideration, we request the “cancellation” of the deportation decision against my client.
It is clear that my client entered Turkey in accordance with the law. Although it is alleged in the file that he insulted and threatened the person in question, no such situation occurred. This is because the outcome of the ongoing investigation must be awaited.
However, it is not possible for my client to pose a threat to public order. On the other hand, there is no evidence in the entire file that my client threatened or insulted me. Without waiting for the outcome of the ongoing investigation into the allegations of insult and threat, and despite the absence of any concrete facts against my client, a decision to deport him was made unlawfully based on assumptions.
Moreover, no concrete evidence has been presented that my client’s actions pose a threat to public safety, public order, or public health. My client has not engaged in any behavior that endangers public safety and order. Furthermore, my client’s medical examination did not reveal any infectious disease that would endanger public health.
As can be understood from the entire file, my client has been accused of insult and threat, even though he has no connection to these crimes. In a case where it has not yet been determined whether he is guilty, the presumption of innocence has been disregarded, and he has been deported without being able to defend himself. For all these reasons, it has become necessary to apply to your honorable court for the annulment of the deportation decision dated … and numbered …../…/….
EVIDENCE:
The client’s Return Center File, the client’s statement, the investigation file initiated against the client for threats and insults, and all other legal evidence.
CONCLUSION AND REQUEST: For the reasons stated above and other reasons to be considered by your court, we request that the decision to revoke the deportation order issued unlawfully by … against my client be lifted.
ATTORNEY’S ATTORNEY