(Application no. 66763/17, 66767/17, 15891/18)
Introduction
In line with Rule 9.2 of the Committee of Ministers, ASSEDEL provides this communication regarding the implementation of the European Court of Human Rights (ECtHR) judgement in Telek and Others v. Turkey. This report offers updates and critical insights into both individual and general measures reported by the Turkish Government concerning the execution of this judgment.
Case Description
The case addresses violations of the right to private life due to the unlawful revocation of passports under Decree-Laws enacted during a state of emergency. The applicants, former academics dismissed from public service, experienced significant travel restrictions due to their alleged links to activities deemed detrimental to national security. The Court found these measures lacked clear boundaries, enabling potential abuse of discretion by Turkish authorities.
Individual Measures
Despite lifting passport restrictions for each applicant, ASSEDEL points out that the broader systemic issue remains unresolved. While the applicants received new passports, the underlying policies enabling arbitrary restrictions are still in place.
General Measures
ASSEDEL highlights continued restrictions affecting thousands in Turkey. Reports from Freedom House and the US Department of State reveal widespread limitations on freedom of movement, particularly targeting those accused of connections to the 2016 coup attempt. Turkish legislation, such as Article 22 of the Passport Law No. 5682, grants extensive discretionary power to the Ministry of Interior, often leading to arbitrary restrictions on citizensʼ right to travel.
Conclusion and Recommendations
Despite the Courtʼs judgment, the Turkish Government has shown limited commitment to enacting necessary legislative changes. ASSEDEL calls on the Committee of Ministers to monitor this case closely, advocating for enhanced procedural reviews to prevent similar violations.
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