Published on 4 December 2023
SECOND SECTION
Application no. 34653/19
Nurullah TERECE against Türkiye
and 2 other applications
(see list appended)
communicated on 13 November 2023
SUBJECT MATTER OF THE CASE
The applications concern the cancellation of the applicants’ passports pursuant to Article 5 of Legislative Decree No. 667, which provides for the cancellation of the passports of individuals under criminal investigation or prosecution for membership of, association with or contact with structures, formations or groups of terrorist organisations considered to be a threat to national security.
The applicants complained of a violation of their right to respect for private life guaranteed by Article 8 of the Convention on account of the cancellation of their passports. In application no. 25473/22, the applicant also invoked Article 2 of Protocol No. 1 to the Convention on the ground that she was unable to continue her postgraduate studies at Pekin University.
QUESTIONS TO THE PARTIES
As regards all applications
1. Has there been an interference with the applicants’ right to respect for their private life, within the meaning of Article 8 § 1 of the Convention, on account of the cancellation of their passports? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (compare, mutadis mutandis, Telek and Others v. Türkiye, nos. 66763/17 and 2 others, §§ 101‑128, 21 March 2023, and Paşaoğlu v. Turkey, no. 8932/03, §§ 41-47, 8 July 2008)?
The parties are invited to submit a copy of the complete case files pertaining to the criminal proceedings which led to the cancellation of the applicants’ passports under Article 5 of Legislative Decree No. 667.
As regards application no. 25473/22
2. Has there been a breach of the applicant’s right under Article 2 of Protocol No. 1 to the Convention on account of her inability for an indefinite period of time to pursue her postgraduate studies abroad (compare Telek and Others, cited above, §§ 149-154)?
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
34653/19
Terece v. Türkiye
31/05/2019
Nurullah TERECE
1986
Adana
Turkish
Sevil ARACI BEK
2.
60705/19
Acinikli v. Türkiye
14/05/2019
Ayşe ACINIKLI
1986
Istanbul
Turkish
Benan MOLU
3.
25473/22
Erşan v. Türkiye
10/05/2022
Yağmur ERŞAN
1989
Konya
Turkish
İbrahim ERGENÇ
Full & Egal Universal Law Academy