His passport was cancelled, he could not get a doctorate... Rights violation decision from the Constitutional Court

The General Assembly of the Constitutional Court (AYM) decided on the individual application of a public official whose passport was canceled on the grounds of disciplinary and criminal investigations carried out against him. The court decided that the applicant's right to respect for private life, guaranteed by Article 20 of the Constitution, and his right to education, guaranteed by Article 42 of the Constitution, were violated.

According to the news on Memurlar.net, the results of the decision discussed at the General Assembly on October 8, 2026 were announced on October 12.

The applicant's passport was canceled by the administration, citing the disciplinary and criminal investigations carried out against him. For this reason, the public servant, who could not start his doctoral education at a university abroad, applied to the Constitutional Court on the grounds that his rights to respect for his private life and education were violated.

The General Assembly, which examined the application, found both complaints acceptable. In its merits review, it ruled that the applicant's right to respect for private life and right to education were violated due to passport cancellation.

Regulations regarding passport restrictions had previously been on the agenda of the Constitutional Court within the scope of Article 22 and additional Article 7 of the Passport Law No. 5682.

In its decision dated July 24, 2019, the Constitutional Court found the regulation that allows the cancellation of the passports of people against whom there is no criminal investigation or prosecution by the Ministry without a judge's decision, contrary to Article 23 of the Constitution, which guarantees freedom of travel.

With another decision published in the Official Gazette in November 2024, the court annulled the provision that provided that passports should not be issued to people who were determined by the Ministry of Internal Affairs to be unsafe to go abroad in terms of general security.

In the said decision, it was emphasized that limiting the freedom to go abroad should be handled within the framework of constitutional guarantees.