Published on 4 December 2023

SECOND SECTION

Application no. 34653/19 Nurullah TERECE against Türkiye and 2 other applications (see list appended) communicated on 13 November 2023

SUBJECT MATTER OF THE CASE

The applications concern the cancellation of the applicants’ passports pursuant to Article 5 of Legislative Decree No. 667, which provides for the cancellation of the passports of individuals under criminal investigation or prosecution for membership of, association with or contact with structures, formations or groups of terrorist organisations considered to be a threat to national security.

The applicants complained of a violation of their right to respect for private life guaranteed by Article 8 of the Convention on account of the cancellation of their passports. In application no. 25473/22, the applicant also invoked Article 2 of Protocol No. 1 to the Convention on the ground that she was unable to continue her postgraduate studies at Pekin University.

QUESTIONS TO THE PARTIES

As regards all applications

1. Has there been an interference with the applicants’ right to respect for their private life, within the meaning of Article 8 § 1 of the Convention, on account of the cancellation of their passports? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (compare, mutadis mutandis, Telek and Others v. Türkiye , nos. 66763/17 and 2 others, §§ 101 ‑ 128, 21 March 2023, and Paşaoğlu v. Turkey , no. 8932/03, §§ 41-47, 8 July 2008)?

The parties are invited to submit a copy of the complete case files pertaining to the criminal proceedings which led to the cancellation of the applicants’ passports under Article 5 of Legislative Decree No. 667.

As regards application no. 25473/22

2. Has there been a breach of the applicant’s right under Article 2 of Protocol No. 1 to the Convention on account of her inability for an indefinite period of time to pursue her postgraduate studies abroad (compare Telek and Others , cited above, §§ 149-154)?

APPENDIX

List of cases :

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

1.

34653/19

Terece v. Türkiye

31/05/2019

Nurullah TERECE 1986 Adana Turkish

Sevil ARACI BEK

2.

60705/19

Acinikli v. Türkiye

14/05/2019

AyÅŸe ACINIKLI 1986 Istanbul Turkish

Benan MOLU

3.

25473/22

Erşan v. Türkiye

10/05/2022

YaÄŸmur ERÅžAN 1989 Konya Turkish

İbrahim ERGENÇ