Expelled from Hungary after 31 years, Turkish man wins lawsuit against Hungarian state in Strasbourg

A Turkish man who was deported from Hungary after 31 years citing national security concerns has won a lawsuit against the Hungarian state at the European Court of Human Rights. According to the Strasbourg court's ruling, the Hungarian state violated Orhan Demirci's human rights, and the Hungarian authorities and courts did not provide him with a fair trial or the possibility of an effective legal remedy, according to the Hungarian Helsinki Committee, which represented him.

The Turkish man arrived in Hungary legally in 1990. He started a family here and resided in the country legally throughout his stay, even at the time of his expulsion, when he had a valid residence permit.

In spite of this, the already retired man was expelled from the country in 2021. This was possible because immigration rules had been tightened: based on positions taken by the Constitution Protection Office (AH) and the Counter-Terrorism Center (TEK), it is now possible to revoke an individual’s asylum or residence permit practically without any justification, thereby even potentially tearing Hungarian families apart. What is more, the AH's recommendations are binding, and there is no room for the country's courts to examine or investigate such cases.

This is what happened to Orhan Demirci: in his case, the authorities claimed that his presence in Hungary posed a threat to national security, and the AH recommended his deportation and a five-year ban from entering Hungary or staying in the country. By citing national security as the reason for his expulsion, the AH ensured that the exact grounds for the decision would remain classified for decades, and neither the man himself nor his lawyer were able to find out what these were.

The European Court of Human Rights delivered a unanimous judgment stating that the Hungarian state had violated Orhan Demirci's human rights and rejected the Hungarian state's defense that the Hungarian courts had acted lawfully. The man was awarded a total of €14,700, or nearly six million forints, in damages.

The Helsinki Committee notes that Demirci's case is not unique, and that the organization has been contacted about several similar cases since 2020. In addition to the Strasbourg court, the Court of Justice of the European Union (CJEU) had also ruled that the Hungarian legislation was contrary to fundamental rights and that the defense of deported persons should not be restricted to such an extent.