Turkey: Security and administrative procedures in place to guard against the issuance of fraudulent Turkish passports or to guard against the issuance of Turkish passports by fraudulent means (January 2001-April 2005)

Articles 350 and 351 of Law 765 of the Turkish Penal Code contain "provisions that could be used to indict people engaged in the falsification of passports and of other official documents in relation to irregular migration" (IOM Feb. 2003, 59). Article 201a of the Penal Code adds that those involved in "the procurement of false identification or travel documents, for the illegal arrival, stay or departure of an individual...shall be sentenced to two to five years' imprisonment and imposed a fine of not less than one billion liras [CAN$915 (XE.com 26 Apr. 2005)]" (OSCE Aug. 2002).

"The competent authority [issuing] passports [in Turkey] is the General Directorate of Security, or the District Security Office in smaller districts" (Council of the European Union 12 Nov. 2001, 72). In addition, "[t]he Turkish National Police receive special training, funded by the EU [European Union] and administered by UNHCR [United Nations High Commissioner for Refugees], in areas such as visa fraud, passport forgery, and illegal entries" (Trafficking in Persons Report July 2001).

According to the Official General Report on Turkey (January 2002), which was prepared by the Netherlands delegation to the Council of the European Union,

[e]veryone who has Turkish nationality has the constitutional right to possess a passport, which has to be applied for at the local police of the province in which the person is recorded in the population register. Police clearance is required for passport issue. Turkish subjects can legally leave the country only if in possession of a valid passport (15 Apr. 2002).

This information is also stated in the country assessment report prepared by the Immigration and Nationality Directorate (IND) of the United Kingdom, which adds that a person must apply in person and not through an agent at the passport office of the police headquarters in the city or area where he or she lives, and that "[t]he regional passport office makes checks to verify [the applicant's] identity" and whether he or she has any criminal convictions and/or is wanted by the authorities (Nov. 2002). According to the IND report, the right of a Turkish citizen to obtain a passport is only denied "in the case of a national emergency, or criminal investigation or prosecution" (UK Nov. 2002).

However, according to information posted on the Website of Security and Defense Solutions International, "Turkey's leading business risk consultancy company" comprised of "dedicated experts" who have "long years of international experience and careers in international relations, law and law enforcement, academics, media and human resources" (SDS n.d.a),

Passport applicants in Turkey are subject to thorough investigation. Entries and exits of persons are recorded in the computer network and checked with criminal information. A draft Passport Law is in process, which foresees heavier sentences for illegal border crossings and a new type of Turkish passports more difficult to forge (ibid. n.d.b).

In February 2003, one news article reported that "in recent months," the newly formed Bosnian State Border Service had uncovered 15,000 fake Turkish identity documents, including passports (The Times 1 Feb. 2003).

In the same month, Turkish Daily News mentioned the detention of five people in Istanbul in connection with the forging of passports (25 Feb. 2003). Police seized forging equipment and 13 passports that were going to be used by Arabs who were in Turkey illegally and who wished to immigrate to Europe with the fake identification (Turkish Daily News 25 Feb. 2003).

In August 2004, a report entitled Turkey in the European Area of Freedom, Security and Justice, released by the Centre for European Policy Studies (CEPS), stated that Turkey had plans to update its passports with new security features that would make them more difficult to forge, and in January 2004 the government submitted a draft law to parliament requesting an amendment to Passport Law number 5682. The report also mentioned that Turkey continues in its endeavour to "detect and combat passport and document forgery" (CEPS Aug. 2004).

In 27 April 2005 correspondence with the Research Directorate, a counsellor at the Embassy of Canada in Ankara mentioned that Turkey was in the process of creating a new machine-readable passport. Additional information on these passports could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Centre for European Policy Studies (CEPS). August 2004. No. 3. Joanna Apap, Sergio Carrera and Kemal Kirisci. Turkey in the European Area of Freedom, Security and Justice. [Accessed 26 Apr. 2005]

Council of the European Union. 15 April 2002. Netherlands Delegation. Official General Report on Turkey (January 2002). [Accessed 4 June 2003]
_____. 12 November 2001. United Nations High Commissioner for Refugees. UNHCR Background Paper on Refugees and Asylum Seekers From Turkey. [Accessed 4 June 2003]

Embassy of Canada in Ankara. 27 April 2005. Correspondence from a counsellor.

International Organization for Migration (IOM). February 2003. Ahmet Içduygu. Irregular Migration in Turkey. [Accessed 26 Apr. 2005]

Organization for Security and Co-operation in Europe (OSCE). August 2002. Office for Democratic Institutions and Human Rights. Legislation Online. "Penal Code." [Accessed 25 Apr. 2005]

Security and Defense Solutions International (SDS). n.d.a. "About Us." [Accessed 19 April 2005]
_____. n.d.b. "Security Researches: Prevention of Financing Terrorist Activities." [Accessed 19 Apr. 2005]

The Times. 1 February 2003. Daniel McGrory. "Back Door Entry Lures Iraqis on a 2,500-mile Voyage; The First Step; The Asylum Trail." (Global News Wire-Europe Intelligence Wire/NEXIS)

Trafficking in Persons Report (TPR). July 2001. "Turkey (Tier 3)." United States Department of State. Washington, DC. [Accessed 6 June 2003]

Turkish Daily News [Ankara]. 25 February 2003. "Operation: Fake Passport Operation in Istanbul." (Dialog)

United Kingdom. November 2002. Immigration and Nationality Directorate. Country Assessment: Turkey. [Accessed 4 June 2003]

Xe.com. 26 April 2005. "Universal Currency Converter." [Accessed 26 Apr. 2005]

Additional Sources Consulted

The Embassy of Turkey, in Ottawa.

Internet sites, including: Al Bawaba, BBC, Dunya Online, Embassy of Turkey in Ottawa, European Country of Origin Information Network (ECOI), Internatinoal Helsinki Federation (IHF), Turkish Ministry of Foreign Affairs, Turkishnews.net, Turkishpress.com, United Nations Integrated Regional Information Network (IRN), United States Department of State, World News Connection (WNC).