Administrative Detention for Foreigners in Turkey

As Tatarka Law Office, with this essay, we are going to inform aliens in Turkey about administrative detention and deportation process.

Is there a way to be freed from deportation process ?

How do persons should take action when going through an administrative detention ?

We are going to find the answers for these questions

Also general information about administrative detention and deportation process going to be provided as well.

General Information

There are many aliens who comes to Turkey with various reasons: e.g. : Residency, to take refuge, transit pass etc.

Firstly, the aliens that who enter the country “in normal” ways should inform the border police and explain the reasons about the purpose of visiting. After the interview administrative transactions will be started.

However, the aliens that who entered the country with fugitive state will be taken to administrative detention by the law.

Administrative detention: Is a decision that may be given by Governor Office or the Directorate General of Migration Management to aliens who applies for take advantege of the Law on Aliens and International Protection.

Who can benefit from international protection law in Turkey?

If you believe that your reason of flight from your home country meets one or more of the
following criteria, you may apply for international protection in Turkey:

• You will face one or more of the following situations if you are returned to your home
country or to your former habitual residence:

• Be sentenced to death or face the death penalty,

• Face torture or inhuman or degrading treatment or punishment or

• Face serious threat to yourself by reason of indiscriminate violence in situations
of international or nationwide armed conflict.

Which cases may not merit international

If you do not fear a risk of persecution upon being returned to your home country or to your former habitual residence or you left your country for work opportunities or education, you may not benefit from international protection. Similarly, leaving your home country or your former habitual residence to escape a criminal prosecution for serious and non-political crimes may not make you eligible for international protection status.

In addition, under international law, several groups of persons are excluded from the scope of international protection. Persons who have committed crimes against humanity or peace as well as persons who have committed war crimes will be outside of the scope of international protection.

However, even if your personal situation falls into one of the above-mentioned categories, if you have fear a risk of torture or inhuman or degrading treatment or punishment upon being returned, the Turkish authorities are under the obligation not to send you back to your home country or to your former habitual residence. This obligation also applies to persons who are at risk of being subjected to the death penalty. You may therefore be granted ‘complementary protection’ which is also a form of international protection in Turkey.

Is it possible to appeal against administrative detention or deportation decisions ?

Submitting an international protection application does not directly end administrative detention. However, you have the right to appeal against an administrative detention decision at any stage. Under domestic regulations, there are mainly two legal procedures for the review of administrative detention decisions. The first is an administrative one and it is carried out by governorates. The governorate, which issues the administrative detention decision, is also under the obligation to review whether it is necessary to continue administrative detention. This review is the regular one and should be carried out on a monthly basis. The governorate
may either decide to end or extend administrative detention. In either case, the DGMM authorities are required to communicate the results of these monthly and regular reviews, together with their reasons, to you or to your legal representative or lawyer. You may also challenge the administrative detention before a court. This is the second type of review. As per current legislation, the Criminal Judgeships of Peace are the competent authority for such applications. Please be informed that a mere application to the Criminal
Judgeship of Peace shall not directly result in your release from administrative detention. The current law requires authorities in removal centres to immediately communicate your application to the competent Criminal Judgeship of Peace. It is envisioned that the decision concerning your application to these courts should be finalized within 5 days. The decision of the Criminal Judgeship of Peace is final. Please also be informed that even if the final decision of the court is negative, you have the right to lodge another application with the Criminal Judgeship of Peace if the grounds for administrative detention are no longer valid or have changed.

Is there a way to be represented by a lawyer ?

The current domestic regulations in Turkey enshrine the right to seek a legal remedy. Thus, you are entitled to seek the assistance of a lawyer. However, if you do not have the means to afford the lawyer fee for judicial appeals, you have the right to request to be assigned a lawyer under the Legal Aid Scheme.

In such cases, you are required to approach the bar association in the locality and request free of charge legal aid. Please be informed that the bar association shall make an inquiry about your financial condition and the problem that you have presented and make a decision whether or not they will be able to offer you free legal aid

Apart from these as Tatarka Law Office we provide wide range of legal services. And we can work with not only administrative detention problems also your other legal issues as well. If you want to get touch with us please use the form or get dialed to contact number from the main page

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