The Turkish Ministry of Interior has officially responded to Circassian researcher Sait Uluisik’s inquiry in regards to the his recent deportation from Turkey. Uluisik had visited Turkey to research the archives on the Armenian Genocide and his people’s possible participation in it. He was deported to Germany from the airport before even getting to the archives. The official answer to Mr. Uluisik says that he has reportedly “engaged in research about genocide in connection with Armenian and Circassian activities.” Below is the (translated from Turkish) official letter that the Circassian researcher has received:

T.R. (Turkish Republic)Ministry of the InteriorGeneral Directorate of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                                         [stamped 15 Feb. 2008]To the Presidential Office of the 7th Administrative Court of Ankara                                                                                                                        Base No:  2008/21PLAINTIFF                             : M. Sait ULUІŞІKREPRESENTATIVE               : Attorney Murat BÖBREK                                                Sezenler St., No:  3/7 Sihhiye ANKARASUBJECT OF LAWSUIT       : Regarding the demand for cancellation of the processing of prohibited entry into Turkey.CAUSE OF ACTION & 1st DEFENSE          : Upon the demand by representative Attorney Murat BÖBREK on behalf of the plaintiff M. Sait ULUІŞІK that the processing of prohibited entry of his client into Turkey be cancelled, the application of the lawsuit initiated against this Ministry was evaluated:     According to the information and documents received from the Presidential Office of Foreigners Border Asylum    The facts which have been confirmed by this Ministry about Mehmet Sait ULUІŞІK, son of Alaettin-Fatma, born in Eskişehir on July 10, 1959 are listed below:1)       By the statement of EGM (Presidential Office of Intelligence) dated July 17, 2007, number 155318, the individual Mehmet Sait ULUІŞІK, a German citizen of Turkish nationality, engaged in research about genocide in connection with Armenian and Circassian activities,After ascertaining the intentions of the plaintiff who was engaged in research at the Ottoman Archives located in Istanbul/Sultanahmet during the months of April-May 2007 for the purpose of finding support for theses that during the periods of the last years of the Ottoman Empire, the Party of Union and Progress and the Turkish National Struggle for Independence (Milli Mücadele), “the last Ottoman administrations provoked the peoples of the Caucasus, particularly the Circassians, against the Armenians,  that they instigated mutual killings between  T.R. (Turkish Republic)Ministry of the InteriorPublic Director’s Office of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                                           the Circassians and the Armenians and therefore caused the genocide of the Circassians as well as the Armenians” and that he was able to further his research with financial support received from the “Konrad Adenauer Foundation” and the “Goethe Institute” which are active and located in Germany,  the investigation revealed that,             Not knowing whether the individual identified above was the same person as the plaintiff, it was confirmed that an individual named Mehmet Sait ULUІŞІK, son of Alaettin-Fatma and born in Eskişehir on July 10, 1959, lost his Turkish citizenship, while registered at the Bilecik/Bozüyük office of vital statistics, by decision number 1956 of the Cabinet Ministers, dated June 7, 1991, based upon Turkish Citizenship Statute 403, Article 25/ç, for failing to perform his military duty. 2)      Based upon this, in accordance with the 5682 Passport Law supplementary 5th article which applies to this situation, and supporting the “Proper” decision of the Office of the Ministry dated Nov. 1, 2007, for the purpose of monitoring the entry and exit from our country,  on Nov. 6, 2007, by statement numbered 181368 a decision to prohibit entry by this individual was made. 3)      With that same statement, information was to be forwarded to your office’s records to determine whether the German citizen of Turkish nationality, Mehmet Sait ULUІŞІK who was engaged in genocide research regarding the activities of the Armenians and Circassians was the same Mehmet Sait ULUІŞІK whose entry to the country had been prohibited and in the event they were not the same,  notices were sent to the interested offices that ID information regarding the individual performing genocide research should be forwarded as soon as possible.  4)      Later, by statement dated Nov. 9, 2007 and numbered 09.11.2007, the undersecretary to the MIT [Abbreviation for: National Intelligence Organization] gave notice that based on their information it was confirmed that the German citizen of Turkish nationality, Mehmet Sait ULUІŞІK, who was engaged in genocide research regarding the activities of Armenians  T.R. (Turkish Republic)Ministry of the InteriorPublic Director’s Office of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                                           and Circassians was the same Mehmet Sait ULUІŞІK whose entry into the country had been prohibited .  Wherefore:a)      Wherefore, the provisions of Passport Law  5682, 8th Article 5th paragraph, “Those who intend to disturb the security and public order of the Republic of Turkey or who it is suspected have arrived in order to be involved with or aid those who intend to and have disturbed it” b)      And the provisions included in the supplementary 5th Article of the same law, “Anyone who has lost Turkish citizenship, for whatever reason, may travel to Turkey so long as the Ministry of the Interior permits it upon a determination that there are no impediments.  Based upon the Turkish Citizenship Law, Title 403, Article 26, those who have lost Turkish citizenship but nevertheless wish to travel to the country as a tourist may do so for a period of up to four months total in one year”,c)      The provisions of Title 5683 of the Law on Residency and Travel of Foreigners in Turkey, 1st Article, “Foreigners whose entry into Turkey has not be prohibited and who  have entered according to the rules of the Passport Law, have the right to reside and travel in Turkey in accordance with the prevailing registration and conditions set by law.”,d)      The provisions of the same law, Article 19, “Foreigners whose stay in the country has been determined by the Ministry of the Interior to be a threat to general safety or are against political or administrative needs will be asked to leave Turkey within a stated period of time.   Those who do not leave by the end of that period may be deported.”e)      Whereas the provisions of the 21st Article of the same law state “The Ministry of the Interior has the authority to make decisions in support of deportation in accordance with this law”   T.R. (Turkish Republic)Ministry of the InteriorPublic Director’s Office of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                               In light of this: The processing of the plaintiff by this ministry is, in accordance with Passport Law number 5682, supplementary Article 5, a legal action for the purpose of monitoring entries and exits from this country and making them subject to permission. In addition, based upon information which the plaintiff acquired from study and research it is clear that the plaintiff engaged in research on Armenian and Circassian activities that is against the interests of our country and in view of this, according to the provisions of Passport Law number 5682, Article 8, Paragraph 5 “Those who intend to disturb the security and public order of the Republic of Turkey or who it is suspected have arrived in order to be involved with or aid those who intend to and have disturbed it”  it is necessary to place this individual in the category of those whose entry into Turkey is forbidden.              When examining the matter from the viewpoint of International Agreements, the administrative action is determined to be apropos.             The provisions of the European Human Rights Convention, 4th protocol, 2nd Article state “Everyone who is legally within the boundaries of a nation state has the right to freely travel and choose a residency there.”             From the European Human Rights Convention titled “Prohibition on the Abuse of Rights”             The 17th Article whose language includes, “None of the provisions of this Convention can be interpreted to give a state, a society or an individual the right to engage in an activity or action that would destroy a right or freedom granted by this Convention or broaden a limitation on them that was not foreseen here.”              T.R. (Turkish Republic)Ministry of the InteriorPublic Director’s Office of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                                          The Supplementary 4th Protocol of the aforementioned Convention titled “Freedom to travel”; “1.  Everyone who is legally within the boundaries of a nation state has the right to freely travel and choose a residency there.            2.  Everyone is free to not abandon a country, including their own.             3.  In a democratic society, these rights may be limited only for the purposes of protecting national security, public safety and order, the prevention of crimes, the protection of health and morality or others’ rights and freedoms, and as necessary precautions under the stipulations of the law.              4.  The rights enumerated in the 1st paragraph of this Article, may, as indicated in the 2nd Article,  have limitations enforced by law in a democratic society, for the purpose of promoting public good.”  Based upon these limiting precautions which have been reserved for use by countries to ensure safety and public order, it is clear that the action taken against this individual is supported by International Agreements.             Additionally, our Constitution,  Article 12 titled “The Quality of Fundamental Rights and Freedoms” provides that;            “Based upon their humanity, everyone possesses inalienable, nontransferable, immune fundamental rights and freedoms.  Fundamental rights and freedoms also contain duties and responsibilities of each individual to their society, their family and others. “            The 13th Article titled “ Limitations on Fundamental Rights and Freedoms” states,            “ Fundamental rights and freedoms may be limited by law in harmony with the language and spirit of the Constitution, for the purposes of protecting the indivisible whole of the state’s country and nation, national sovereignty, the Republic, national safety,  public and general order, public welfare, general morality and health, and also for special reasons as foreseen in  indicated Articles of the Constitution.            The general and special limitations on fundamental rights and freedoms indicated shall not be in opposition to the necessities of a democratic society’s organization and shall not be used beyond the purpose that was stipulated.            T.R. (Turkish Republic)Ministry of the InteriorPublic Director’s Office of SecurityNumber:   B.05.1.EGM.0.61.03.03                                                                                 K-Q                 996/08-235                                                                                               TSE-ISO-ENSubject:     M. Sait ULUІŞІK                                                                                          9000 (Prohibited Entry to country – 1st defense)                                                           The reasons for a general limitation described in this Article are applicable to all rights and freedoms.”  This language emphasizes the authority of the administration to impose limitations that are in accordance with the law.              Accordingly, the supplementary 4th protocol to the European Human Rights Convention, stipulates that states may impose certain limitations for the purpose of ensuring national safety, public order and public security.            Additionally, the right to impose certain restrictions on the entry of foreigners into a country is part of states’ sovereignty rights, and the natural result of these rights is that every state may impose registration and rule requirements regarding the travel of foreigners.              In addition:              Since the start of 2004, Article 25/ç of Law number 403 has not been enforced.  Those who do not submit to military duty are no longer being removed from citizenship.             For this reason, those who lost their citizenship prior to 2004, may request and have their citizenship reinstated, without being subject to the conditions described in Law number 403.              In this way, the military files of those who have their citizenship reinstated are reactivated in accordance with Military Law number 1111, regardless of their age.            Additionally, the orders that prohibit entry for those individuals who have their Turkish citizenship reinstated are being lifted.             Having expended absolutely no effort in this regard up until now, and failed to show good faith, the action taken against this individual is determined to have not violated the regulations.  The information and documentation in support of the defense to be made in the Court indicated is comprised of this material. CONCLUSION:  In view of the fact that no violation of the regulations was found in connection with the action whose cancellation is demanded, I request a judgment that the lawsuit be dismissed and that the costs of prosecution and attorney fees be imposed on the plaintiff.                                                                                    [illegible signature]                                                                                    Osman KARAKUŞ                                                                                    In the name of the Minister                                                                                    1st Legal Counselor

                                                                                    1st Class Security Director