to the Administrative Court
PLAINTIFF:
ATTORNEY’S ATTORNEY:
DEFENDANT:
SUBJECT: dated …/…/… issued by the Governorship. The request for the first stay of execution and annulment of the deportation decision no.
DATE OF NOTIFICATION OF THE ACTION SUBJECT:
DESCRIPTIONS:
My client has entered Turkey legally. He is engaged in his business … in Turkey. Our client …. Although he did not insult or threaten in any way, the person who was the victim in the criminal file complained that our client insulted and threatened him. Our client was brought to the Removal Center after his stay in the police station for … days, and he was taken under administrative detention and a deportation decision was made for him.
My client…. He certainly did not insult or threaten the person named. On the contrary, my client was threatened by …. In addition, my client has clearly stated in the statement he gave at the police station that he did not commit the crime of insulting and threatening.
Despite this, my client was detained for .. days, after which he was taken to the Removal Center and taken under administrative detention, and a deportation decision was made for him. 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. Because the client’s right to defend himself was taken away, it was not possible to use his right to present evidence in his favor and to benefit from the help of a lawyer. This issue 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 not possible for my client to threaten … and therefore pose a threat to public order. Although my client does not accept the accusation against him, it is clear that even if such a situation is thought to exist, the crime of defamation cannot pose a threat to public order and there is no benefit in deporting my client and putting him under administrative detention.
On the other hand, my client…. He has a family to take care of in his country. It has to fulfill its obligations in ….. by making a profit in Turkey. Therefore, considering all these issues, we request the “cancellation” of the decision to deport my client.
It is clear that my client duly entered Turkey. How much in the file…. Although it is claimed that he insulted and threatened the person named, there was no such situation. Because the outcome of the ongoing investigation needs to be asked. As such, it is not possible for my client to pose a threat to public order. On the other hand, within the scope of the entire file, there is no evidence that my client has threatened or insulted me. Without waiting for the outcome of the ongoing investigation in terms of insults and threats, an unlawful deportation decision was made, based on assumptions, when there was no concrete fact about my client.
On the other hand, the actions of the client that pose a threat to public security, public order or public health have not been put forward in a concrete way. There is no behavior of the client that jeopardizes public safety and order. However, in the health examination of the client, no contagious disease that would endanger public health was detected.
As it can be seen from the scope of the whole file, my client was accused of insulting and threatening while he had nothing to do with it, he was not given the right to defend himself in this regard, his right to present the evidence in his favor and to benefit from the help of a lawyer was taken away. In the file where it is not certain that he will be found guilty yet, the presumption of innocence was ignored and he was deported without being able to defend himself. For all this reason, the ../…/…. dated …. It has become obligatory to apply to your esteemed court for the annulment of the deportation decision no.
EVIDENCE: The Client’s Removal Center File, the client’s statement, the investigation file launched against the client in terms of threats and insults, and all kinds of legal evidence.
CONCLUSION AND REQUEST: For the other reasons stated above and to be taken into account by your court, we submit that the decision to cancel the deportation decision, which was unlawfully given by … about my client.
ATTORNEY’S ATTORNEY
