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Turkey’s top court strikes down law restricting passports over security concerns

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Turkey’s Constitutional Court (AYM) has annulled a law that allowed the Interior Ministry to deny passports to individuals deemed a security risk, ruling the provision unconstitutional, the Stockholm Center for Freedom reported, citing local media.

The case arose after the Ankara 19th Administrative Court petitioned the Constitutional Court, arguing that a clause in the Passport Law violated the Turkish Constitution. The contested provision permitted the ministry to withhold passports and travel documents.

In its ruling, the Constitutional Court noted that such restrictions must align with Article 23 of the Constitution, which guarantees freedom of movement, including the right to leave the country. The court emphasized that this right can only be restricted under specific circumstances, such as during criminal investigations or prosecutions. According to the court, granting administrative bodies the authority to impose such limitations constituted a violation of constitutional protections.

The law, which was introduced in 2016 following a failed coup attempt, was part of a broader set of measures aimed at addressing national security threats. It granted authorities the power to withhold passports and travel documents from those whose departure from the country was determined by Turkey’s Interior Ministry to pose a general security threat.

The annulled provision was widely criticized for being used to prevent individuals accused of links to the faith based Gülen movement, inspired by the late Muslim cleric Fetullah Gülen, from leaving the country.

Following the 2016 coup attempt, the government blamed the movement for orchestrating the failed takeover and launched a sweeping crackdown, dismissing thousands from public service, detaining suspects and imposing travel bans. Rights groups have accused authorities of arbitrarily using security laws, including the passport restrictions, to target perceived political opponents, journalists and dissidents without sufficient evidence or due process.

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