Turkey: Information on the Nüfus Kayit Ornegi [extract of civil registry], including format, purpose, and issuing body; information included on the document, including family members and whether an individual can request the omission of particular family members, such as siblings; availability of fraudulent Nüfus Kayit Ornegi (2014-September 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources translate the Nüfus Kayit Örnegi [or Nüfus Aile Tablosu (Lawyer in Istanbul 7 Sept. 2016)] as a "Civil Register Copy" (Turkey 9 Sept. 2016), a "certified copy of an entry of birth" (Professor 7 Sept. 2016), a "Document of Birth Record" (Lawyer in Gayrettepe 7 Sept. 2016), a "family registry" document (Lawyer in Istanbul 7 Sept. 2016; US n.d.), or an "[e]xtract of civil registry" (Lawyer at Yamaner & Yamaner Law Office 7 Sept. 2016).

In a telephone interview with the Research Directorate, a lawyer in Istanbul who specializes in child custody cases indicated that the purpose of the Nüfus Kayit Örnegi is to show its holder's "family connections" (Lawyer in Istanbul 7 Sept. 2016). Similarly, in correspondence with the Research Directorate, a lawyer in Gayrettepe who specializes in child custody cases explained that the Nüfus Kayit Örnegi shows its holder's relatives "and their current status (names, dead/alive, date of birth, [etc.])" (Lawyer in Gayrettepe 7 Sept. 2016).

In correspondence with the Research Directorate, a professor of law at Istanbul University indicated that the Nüfus Kayit Örnegi is an official document and is "essential to prove your identity" when applying for a visa, a pension, or employment (Professor 7 Sept. 2016). In correspondence with the Research Directorate, an attorney at Istanbul-based Yarsuvat Law Firm, a firm that specializes in, among other fields, criminal law and civil law, stated that the Nüfus Kayit Örnegi can be asked by any "administration" and can be required, among other instances, to apply for a job or to acquire a gun license (Attorney 7 Sept. 2016). Sources indicated that the Nüfus Kayit Örnegi can also be used for inheritance matters (ibid.; Professor 7 Sept. 2016; Lawyer in Istanbul 7 Sept. 2016).

1.1 Issuing Authorities

According to sources, the Nüfus Kayit Örnegi is issued by the General Directorate of Civil Registration and Nationality (ibid.; Lawyer at Yamaner & Yamaner Law Office 7 Sept. 2016; Lawyer in Ankara 7 Sept. 2016). In correspondence with the Research Directorate, a lawyer at the Yamaner & Yamaner Law Office, who specializes in litigation and private law, explained that the Nüfus Kayit Örnegi is issued by Civil Registries, which are "usually incorporated" under the District Governorships that can be found "in every town" in Turkey (Lawyer at Yamaner & Yamaner Law Office 7 Sept. 2016). Without providing further detail, the same source indicated that it can also be provided by a court of justice in "certain cases" or by a public notary for a "certificate of inheritance" (ibid.). Additional and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Professor explained that the Nüfus Kayit Örnegi includes the issuing authority's seal, as well as the signature of "authorized public officers" (8 Sept. 2016). A copy of a Nüfus Kayit Örnegi which was sent to the Research Directorate by the lawyer in Gayrettepe is attached to this Response.

1.2 Procedures and Requirements to Obtain a Nüfus Kayit Örnegi

According to the lawyer in Istanbul, the Nüfus Kayit Örnegi can be requested by the individuals themselves, or by a judge or a court (Lawyer in Istanbul 7 Sept. 2016). In correspondence with the Research Directorate, a second lawyer at the Yamaner & Yamaner Law Office, who specializes in private law, indicated that, as per the website of the Turkish Ministry of the Interior,

[a]ccording to Article 44 (g) of the Law No. 5490 on Population Services, the individual, his/her spouse, guardian, parents, children or person representing them with a power of attorney are authorized to collect the civil registration document directly at the Population Directorates. According to the same paragraph, no … third party other than … those persons listed above can receive an extract or information on the civil registration document. (Lawyer at Yamaner & Yamaner Law Office 9 Sept. 2016a)

According to the professor, in order to obtain the Nüfus Kayit Örnegi, a person must apply in person at the Civil Registration Office with their Turkish identity card and "[i]n general, the office issues [the document] within two minutes" (7 Sept. 2016). Additional and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Information Included in the Nüfus Kayit Örnegi

The Professor indicated that the Nüfus Kayit Örnegi includes

your personal information (your Turkish citizenship number, gender, place of birth, date of birth, marital status, death record, residence address) and your family information (family members' full name, their Turkish citizenship number, gender, place of birth, date of birth, marital status, death record, residence address). (Professor 8 Sept. 2016)

According to the attorney, the Nüfus Kayit Örnegi includes

the name, surname of the owner, the registration information, the gender, the descendants, wife/husband['s] information, Turkish ID numbers of those, name of the parents, place of birth, religion and marital status and date of death and marriage. (7 Sept. 2016)

The first lawyer at Yamaner & Yamaner Law Office stated that, "[a]s a rule," the information about family members includes gender, date and place of birth, marital status, parents' names, date of death, "[n]umber of the registered [C]ivil [R]egistry official book, and family number" (7 Sept. 2016).

Sources indicated that family members included in the document are the individual's father, mother, siblings, spouse and children (Professor 7 Sept. 2016; Lawyer in Istanbul 7 Sept. 2016).

In contrast, the second lawyer at the Yamaner & Yamaner Law Firm and the lawyer in Ankara indicated that, if an individual is single, their Nüfus Kayit Örnegi only includes their parents and their siblings, whereas, if the individual is married, it will only include their spouse and children (Lawyer at Yamaner & Yamaner Law Office 9 Sept. 2016b; Lawyer in Ankara 7 Sept. 2016). According the first lawyer at the Yamaner & Yamaner Law Office, it is at the Civil Registry's "discretion" to include, in the Nüfus Kayit Örnegi, the siblings of a person who is not married (7 Sept. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the second lawyer at the Yamaner & Yamaner Law Office, a court of justice may ask the General Directorate of Civil Registration and Nationality for an individual's Nüfus Kayit Örnegi that includes additional family members, such as grandparents, uncles or aunts (Lawyer at Yamaner & Yamaner Law Office 9 Sept. 2016b). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the lawyer in Gayrettepe, there are four types of Nüfus Kayit Örnegi:

• the first one provides information about the holder;
• the second one provides information about the holder and his or her spouse and children;
• the third one provides information about the holder and his or her parents and siblings; and
• the fourth one provides information about "everybody," but it is provided "when somebody dies in order to help the inheritance cases" (9 Sept. 2016).

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Request the Omission of Particular Family Members

Sources indicated that the name of a family member cannot be removed from the Nüfus Kayit Örnegi (Lawyer at Yamaner & Yamaner Law Office 7 Sept. 2016; Attorney 7 Sept. 2016; Professor 7 Sept. 2016). Without providing further detail, the Professor stated that this interdiction follows the Turkish Civil Code and the Civil Registration Services Code (ibid. 8 Sept. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The lawyer in Istanbul indicated that "[i]t is impossible to remove the name of a family member" from the Nüfus Kayit Örnegi (Lawyer in Istanbul 7 Sept. 2016). The same lawyer indicated, however, that

it can happen that a family member was not registered at birth. In this case, the family member will not be included in the [Nüfus Kayit Örnegi]. In order to include this family member, you would have to open a case with the Nüfus Müdürlügü [General Directorate of Civil Registration and Nationality]. (ibid.)

4. Availability of Fraudulent Nüfus Kayit Örnegi

In correspondence with the Research Directorate, an official at the Turkish Embassy in Ottawa stated, without providing further detail, that a document claimed to be a Nüfus Kayit Örnegi "can be fraudulent" (Turkey 9 Sept. 2016). According to the Professor, "some persons" issue fraudulent Nüfus Kayit Örnegi, especially for visa applications, although "it is not common in Turkey" (7 Sept. 2016). The attorney stated that "it is possible to recreate these documents, imitating the signature" (7 Sept. 2016). According to the lawyer in Gayrettepe, the Nüfus Kayit Örnegi "can be copied and changed" (Lawyer in Gayrettepe 7 Sept. 2016). The same source indicated that the only security feature to validate the veracity of the document is the seal of the General Directorate of Civil Registration and Nationality (ibid.).

The Professor indicated that Turkish citizens used to be able to obtain their Nüfus Kayit Örnegi on the Internet, but the Turkish government phased out the practice to prevent fraud (7 Sept. 2016). According to the lawyer at the Yamaner & Yamaner Law Office,

[f]or a brief period in 2012, individuals were able to apply and receive extract of civil registry via online system (E-Devlet). However, these documents may be deemed as forgery since they were not signed and approved by [the] General Directorate of Civil Registration and Nationality. (7 Sept. 2016)

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 sources consulted in researching this Information Request.

References

Attorney, Istanbul. 7 September 2016. Correspondence with the Research Directorate.

Lawyer, Ankara. 7 September 2016. Telephone interview.

Lawyer, Gayrettepe. 9 September 2016. Correspondence with the Research Directorate.

Lawyer, Gayrettepe. 7 September 2016. Correspondence with the Research Directorate.

Lawyer, Istanbul. 7 September 2016. Telephone interview.

Lawyer at Yamaner & Yamaner Law Office. 7 September 2016. Correspondence with the Research Directorate.

Lawyer at Yamaner & Yamaner Law Office. 9 September 2016a. Correspondence with the Research Directorate.

Lawyer at Yamaner & Yamaner Law Office. 9 September 2016b. Telephone interview.

Professor of law, Istanbul University. 8 September 2016. Correspondence with the Research Directorate.

Professor of law, Istanbul University. 7 September 2016. Correspondence with the Research Directorate.

Turkey. 9 September 2016. Turkish Embassy in Ottawa. Correspondence from an official to the Research Directorate.

United States (US). N.d. Embassy of the United States, Ankara. "Obtaining Copies of Birth Certificates, Vital Records and Consular Reports of Birth Abroad." [Accessed 6 Sept. 2016]

Additional Sources Consulted

Oral sources: Lawyer in Adana; lawyer in Ankara; two lawyers in Istanbul; Turkey – Deputy General Director of the General Directorate of Civil Registration and Nationality.

Internet sites, including: beycan.net; bodrumbulletin.com; devlette.com; ecoi.net; Turkey – Istanbul Directorate of Civil Registration and Citizenship Affairs; UN – Refworld; US – Department of State; uzmanbilgisi.com.

Attachment

Turkey. N.d. "Nüfus Kayit Örnegi." Sent to the Research Directorate by a lawyer in Gayrettepe, 7 September 2016.