Article 29:
a) Of the persons, who have rendered services, which are incompatible with
the interests of Turkey, for a foreign state, despite the fact that they are
notified to cease this task by the overseas representative offices abroad, by
the directors of provincial public administration in Turkey, those who do not
voluntarily cease this task within the given reasonable time not being less than
three months.
b) Persons, who voluntarily continue to render any kind of services for a state,
which is at war with Turkey, without the permission of the Council of Ministers.
c) Persons who voluntarily render military service for a foreign state without
obtaining permission.
Article 30:
1) Revocation of Turkish citizenship shall be effective from the date on which
the decision of the Council of Ministers is published in the Official Gazette.
2) Revocation decisions are personal and shall not affect the spouse and
children of the person concerned".
Arbitrary deprivation of nationality6
12. On 20 July 2016, the Turkish Government declared a state of emergency in response to
the failed military coup earlier that month. A number of emergency regulations have
been passed since, including Decree (KHK) 680, which was published on 6 January 2017.
Article 75 of the Decree establishes procedures for the deprivation of nationality for
Turkish citizens living outside of Turkey, by stipulating that the following paragraph be
added to Article 29 of the Turkish Citizenship Law:
“(2) In cases where investigation or prosecution has been carried out on the grounds of
the crimes stated in the Turkish Penal Code dated 26/9/2004 and numbered 302, 309,
310, 311, 312, 313, 314 and 315 of the Turkish Penal Code, citizens who cannot be
reached because of not being in the country shall be notified to the Ministry for the
revocation of their citizenship within one month after investigation by the public
prosecutor or by the court during the proceedings. In the event that they do not return
to the country within three months despite the announcement made in the Official
Gazette by the Ministry of Interior, the Turkish citizenship of these persons may be
deprived by the proposal of the Ministry and the decision of the Council of Ministers.’’
13. When Turkey announced the state of emergency, it issued a notice to the Council of
Europe under Article 15 of the European Convention on Human rights, and to the UN
Secretary General under Article 4 of the ICCPR, in which it announced that it derogated
itself from certain human rights obligations. However, as numerous UN experts have
stated, this is “lawful only if there is a threat to the life of the nation, a condition that
arguably is not met in this case”, and that “one cannot avoid, even in times of emergency,
obligations to protect the right to life, prohibit torture, adhere to fundamental elements
6
This section is based on the Institute on Statelessness and Inclusion, Policy Brief: Arbitrary deprivation of
nationality and denial of consular services to Turkish citizens, July 2017. Available at:
https://www.institutesi.org/policy-brief-Turkey-arbitrary-deprivation-of-nationality_2017.pdf. This submission
does not provide updated information on this issue, beyond 2017. This is an area that ISI is following up on, and
will aim to release further, more updated information in the near future.
3