Legal Paper
Conclusion:
Since the issuance of the 2014 Constitution in January 2014, travel bans imposed under Interior Minister Decision No. 54 of 2013 have been deemed illegal due to their lack of a legal basis, as affirmed by the Supreme Constitutional Court. Conversely, the travel ban procedures outlined in the Anti-Terrorism Law, the Terrorist Entities Regulation Law, and the amended Illicit Gains Law carry a clear suspicion of constitutional violation.
The travel ban provisions in the draft Criminal Procedures Law reveal the government’s determination to avoid establishing a time limit for the decision, a trend that has persisted since attempts to legalize this issue began in 2015. This approach reflects the broader philosophy of the draft, which prioritizes security over freedoms.
Legally, the formulation of the travel ban provisions has been influenced by procedures for preventing the disposal of funds, particularly regarding jurisdiction, procedural timelines, and related provisions. However, we believe this analogy is flawed due to the inherent differences between the two procedures. The ban on the disposal of funds pertains to a tangible asset—money—while the travel ban addresses a fundamental right: freedom of movement.
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