To The Administrative Court
SUBJECT: Dated …/…/… issued by the Governor’s office …. the first request to stop and cancel the execution of the decision on deportation No. 1.
THE DATE OF NOTIFICATION OF THE SUBJECT OF THE CASE: …/…/…
My client has entered Turkey legally. He is engaged in … business in Turkey. Our client …. although he did not insult or threaten the named person in any way, the person who was found to be the victim in the criminal file complained that our client insulted and threatened him. Our client … was brought to the Repatriation Center after his stay at the police station for a day and placed under administrative supervision and a deportation order was made against him.
My client …. he certainly did not insult or threaten the named person. On the contrary, he was threatened by a person named my client. In addition, my client made it clear in his statement given at the police station that he had not committed the crime of insult and threat.
Despite that, he’s my client .. he was detained for a day, then … taken to the Repatriation Center and placed under administrative supervision and a deportation order was made against him. Without waiting for the result of the criminal investigation and trial, the decision to expel my client for a crime he did not commit constitutes a violation of human rights. Because the client’s right to self-defense has been taken away, and it has not been made possible for him to exercise his rights to present evidence in his favor and use his defense assistance. This also 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 impossible for him to threaten a person named My client and therefore pose a threat to public order. Although I do not accept the charge laid against my client, it is also clear that even if such a situation is considered to be, it will not be possible for a defamation crime to pose a threat to public order, and there is no benefit in making a deportation decision about my client and placing him under administrative supervision.
On the other hand, my client …. he has a dependant family in his country. Making a profit in Turkey …..he must fulfill his obligations in the. Therefore, taking into account all these considerations, we demand the “cancellation” of the decision made about my client to be deported.
It is clear that my client has duly entered Turkey. How much is in the file …. although it is alleged that he insulted and threatened the named person, this has not happened. Because the fate of the ongoing investigation needs to be asked. As it is, it is impossible for my client to pose a threat to public order. On the other hand, there is no evidence that my client made threats and insults in the entire file. Without waiting for the result of the ongoing investigation in terms of insults and threats, a decision was made to illegally deport my client based on assumptions, while there were no concrete facts.
On the other hand, it has not been revealed in any concrete way which actions of the client pose a threat to public safety, public order or public health. Any behavior of the Client that endangers public safety and order is out of the question. However, during the medical examination of the client, no infectious diseases that would endanger public health were detected.
As can be seen from the entire file, my client was accused of insult and threat while he had nothing to do with it, he was not given the right to defend himself in this regard, the right to present evidence in his favor, and the right to use his defense assistance was taken away. In the file, which is not yet certain that he will be found guilty, the decider of innocence was ignored and the deportation decision was made about him being unable to defend himself. For all this reason, it is organized by the Governor’s Office../…/…. date …. it has become necessary to apply to your honor’s court for the purpose of canceling the decision on deportation No. 1.
EVIDENCE: The Return Center File belonging to the client, the statement given by the client, the investigation file initiated about your client in terms of threats and insults, as well as all kinds of legal evidence.
CONCLUSION AND REQUEST: For other reasons that will be considered by your court, we would like to cancel the deportation decision made by my client in violation of the law … for other reasons that will be considered by your court.