The Constitutional Court has annulled the provision in the Passport Law that prohibited issuing passports to individuals deemed by the Ministry of Interior as posing a general security risk if they left the country.
The Ankara 19th Administrative Court had referred the matter to the Constitutional Court, arguing that the clause in the Passport Law stating that "passports and travel documents shall not be issued to those whose departure from the country is deemed a general security risk by Interior Ministry" was unconstitutional.
The Constitutional Court found that the restriction in question was not of a general nature but rather targeted specific individuals. It emphasized that, under Article 23 of the Constitution, the right to leave the country can only be restricted due to criminal investigation or prosecution. It ruled that allowing administrative authorities to decide on this matter constitutes a violation.
The court held that the provision limited the constitutional right to freedom of movement in a manner inconsistent with the grounds for restriction outlined in the Constitution. Consequently, it annulled the clause in the law that denied passports to individuals identified as security risks by the Interior Ministry.
This provision was widely used by ministry in politically sensitive criminal cases, banning suspects from leaving the country. (HA/VK)