LEGISTS COMMENTED

'No One Can be Deprived of Citizenship'

Legists Turgut Kazan and Yücel Sayman have said denaturalisation will have no legal basis and it contradicts international treaties.

Nilay Vardar

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President Recep Tayyip Erdoğan’s bringing denaturalisation into agenda as to “terror” supporters has sparked a debate.

Legists Turgut Kazan and Yücel Sayman have stated that deprivation of citizenship will have no legal basis and that it contradicts international treaties.

Prime Minister Ahmet Davutoğlu said, “If a person aspires to harm people of a country via terror, then it means that person has already cut his/her moral ties with that country’s people”.

Minister of Justice Bekir Bozdağ expressed that “Mr. President stipulates new legislations with his statement. Works related to this statement will be carried out”.

Kazan: Denaturalisation is not lawful

Former İstanbul Bar President Turgut Kazan said denaturalisation is not only unlawful but also considering it is unacceptable.

“Such a thing cannot be considered in anyway. It is not possible to denaturalise someone regardless of his/her crime. In a modern world, a government thinking to deprive its own citizen of citizenship is not possible. Everyone whose mother, father is a citizen of Republic of Turkey is a citizen. That is it. It is the same in all over the world, no one can take it away. It is not possible with the present legislation, a new legislation is needed. We will talk about it when it comes out”.

"Those who left in the period of September 12 returned with ceremony"

September 12 Coup

The 12 September 1980 Turkish coup d'état, headed by Chief of the General Staff General Kenan Evren, was the third coup d'état in the history of the Republic.

The 1970s in Turkey were marked by right-wing/left-wing armed conflicts. The violence abruptly stopped afterwards, and the coup was welcomed by some for restoring order. In total, 50 people were executed, 500,000 were arrested and hundreds died in prison.

For the next three years the Turkish Armed Forces ruled the country through the National Security Council, before democracy was restored.

“I had two clients in the period of September 12: Cem Karaca and Demir Özlü. They weren’t deprived of citizenship but lost their citizenship for going abroad and spoke against Turkey. Cem Karaca had spoken in Munich on May 1. Demir Özlü had spoken in Stockholm against the coup. For Kenan Evren, both of them were unacceptable. Probe was launched into both of them. They were called to testify. Neither of them came. This ruling was a disgrace. Losing citizenship ruling was lifted by decision of Council of Ministers, and that their return to citizenship occurred with ceremony”.

Sayman: This is not a matter of law but of power

Former İstanbul Bar President Yücel Sayman stated that this is not legally possible, besides it is contrary to European Convention on Nationality.

“Depriving people of citizenship cannot be accepted within the frame of law. I don’t know what sort of legislation they will bring but it is not lawful. It is contrary to European Convention on Human Rights, European Convention on Nationalism but if they want, they can achive it with a regulation. This is not a matter of law but of power. (NV/TK)

deprivation of citizenship denaturalisation

Nilay Vardar

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Galatasaray Üniversitesi Gazetecilik mezunu. İstanbul Üniversitesi'nde Engellilik Araştırmaları Yüksek Lisansı yaptı. 2011-2017 yılları arasında bianet'te muhabir/editör olarak çalıştı. Greenpeace Akdeniz’de İletişim Sorumlusu olarak 4 yıl...