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Smugglers upload forged documents to Turkey’s judicial database to help asylum claims: report

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Smugglers are uploading forged legal documents to Turkey’s official judicial database to bolster asylum claims for Turkish nationals seeking refuge in Europe, the Serbestiyet news website reported.

According to Serbestiyet, the smugglers advertise openly on social media platforms like TikTok and Facebook and offer comprehensive packages — including counterfeit indictments, arrest warrants and fabricated persecution stories — for fees up to $6,000.

These entrepreneurs produce a range of forged documents that appear authentic and are accessible through UYAP, Turkey’s National Judiciary Informatics System. Legal experts consulted by Serbestiyet confirmed that the documents seem “authentic” and “official.”

The counterfeit documents include pro-Kurdish party membership cards, official medical reports of assault, home search warrants, arrest warrants and indictments.

One smuggler demonstrated to Serbestiyet how these documents could be verified online using barcodes, providing samples prepared for individuals identified as “S.A.” and “Ö.Ç.”

Videos shared by the smuggler displayed arrest warrants and other legal documents visible on the UYAP. It remains unclear whether these documents are entirely fabricated or if the smugglers manipulate existing records through insider help.

The smugglers also craft fictitious stories of persecution involving affiliations with groups like the Kurdistan Workers’ Party (PKK), the Gülen movement (referred to with the derogatory acronym FETÖ coined by Turkish authorities), or based on LGBT, Alevi or atheist identities.

Their advertisements are bold and direct: “Complete asylum files prepared with valid reasons such as LGBT, FETÖ, Alevi identity for asylum courts.”

“If you don’t have a valid reason, we’ll prepare a suitable story and evidence for you.”

“We have hundreds of references in the US, Canada, Europe, and the UK.”

One smuggler assured potential clients, “Don’t worry, just contact us. When you apply for asylum, they’ll ask why you’re applying. If you already have a reason, we’ll prepare documents to strengthen your case. But if you don’t have a reason, we’ll create a story and a file for you.”

A well-organized smuggling operation

The smuggling package deal includes clandestine transportation via specially modified trucks that regularly carry goods from Turkey to Europe. Clients are picked up at designated meeting points, smuggled across borders and instructed to surrender to authorities upon arrival in a European country. The consultants then provide the forged documents to support their asylum claims.

“If you don’t have a contact in your destination, I can arrange one for you, no problem,” the smuggler explained to the Serbestiyet reporter.

“First, you go to Serbia or Bosnia and Herzegovina, and from there I help you enter a European country illegally by truck. Once inside, you surrender to the police, who detain you for a while. Afterward, you present your reasons in court. Thanks to the documents I prepared, you can start living there.”

Thousands have utilized this method in the current year alone, according to the smuggler contacted by Serbestiyet, who shared numerous documents as evidence of their services.

The European Union Agency for Asylum reported an 82 percent increase in asylum applications from Turkish citizens in 2023, reaching 101,000 submissions. Of these, 38,000 have been decided, while 83,000 remain under review.

Earlier this year, Swiss media outlets also reported on similar schemes involving fraudulent asylum applications by Turkish nationals.

Asylum seekers have been granted refuge in Switzerland by presenting fake arrest warrants issued by Turkish prosecutors. The scheme involves a network of intermediaries, including lawyers and prosecutors in Turkey who allegedly accept bribes to issue counterfeit arrest warrants, portraying applicants as persecuted political activists or members of banned organizations like the PKK.

This exploitation takes advantage of a loophole in the Swiss asylum system, which does not allow for detailed verification of foreign arrest warrants. The Swiss State Secretariat for Migration (SEM) acknowledged awareness of the manipulation and has withdrawn asylum status from individuals after discovering the fraudulent nature of their applications. However, the exact number of affected cases remains unclear.

These revelations have sparked debates about the integrity of asylum processes and the challenges European countries face in distinguishing genuine refugees from those manipulating the system. They also shed light on corruption within Turkey’s judiciary.

Last year İsmail Uçar, the former İstanbul chief public prosecutor, sent a letter to the Council of Judges and Prosecutors (HSK) exposing corruption in the judicial system.

Critics argue that the mass disbarment of over 4,000 judges and prosecutors in Turkey following a coup attempt in July 2016 has compromised the judiciary’s independence, making it susceptible to corruption and political influence.

Turkey was ranked 117th among 142 countries in the rule of law index published by the World Justice Project (WJP) in October, indicating a deteriorating state of the rule of law in the country.

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