Detention in Removal Centers: Rights and Appeals

Removal Centers and Administrative Detention

Removal centers are facilities where foreigners subject to deportation orders are held under administrative detention. In these centers, the basic human rights of individuals must be protected, and healthy living conditions must be provided. The fundamental rights for foreigners under administrative detention include:

• Housing and Nutrition: Basic human needs must be met.
• Healthcare Services: Medical care and necessary treatments must be provided.
• Legal Support: Legal counseling and defense rights must be granted.
• Communication: The right to communicate with family and lawyers must be preserved.
• Right to Appeal: The right to appeal detention decisions must be ensured.

It is crucial to fully implement these rights in removal centers.

What is Administrative Detention and When is it Applied?

Administrative detention is a measure applied to foreigners who violate the legal duration of stay in Turkey or pose a threat to public order, public security, or public health.

Conditions for Applying Administrative Detention

• Overstaying in Hotels: Foreigners who exceed their visa or residence duration.
• Public Security: Reasons of public security during terrorist threats or extraordinary situations.
• Fake Documents: Foreigners entering Turkey using fake documents or information.
• Illegal Workers: Foreigners working without permission.

Administrative Detention Decision

The decision is made by the governor’s office or the Directorate General of Migration Management. The administrative detention period can be extended within certain legal procedures.

The Role and Functioning of Removal Centers

Removal centers are established to temporarily house foreign nationals until their deportation. Their operation is regulated by the Law on Foreigners and International Protection No. 6458. The main operational mechanisms include:

• Administrative Implementation: Authorities use these centers to enforce deportation decisions.
• Personal Rights: Basic rights and services are provided to the residents.
• Security: Entry and exit to the center are strictly controlled.
• Legal Support: Legal counseling services are offered to those wishing to appeal deportation decisions.

Legal Framework of Administrative Detention Decisions

The legal framework for administrative detention decisions is defined by the Constitution and relevant regulations. The key elements include:

• Constitution: Ensuring the protection of individual rights and freedoms and the legality of the administrative detention process.
• Law on Foreigners and International Protection: Defines the circumstances and procedures for making administrative detention decisions.
• Relevant Regulations and Circulars: Detail the application procedures.
• Judicial Review: Ensuring judicial avenues are open for challenging detention decisions and subjecting decisions to judicial review.
• Standards: Observing human rights standards.

Legal remedies and appeal procedures are also part of this legal framework.

The Right to Appeal Administrative Detention Decisions

The right to appeal administrative detention decisions is granted to ensure the legal security of foreigners. Important aspects of this process include:

• Application Period: Appeals against administrative detention decisions must be made within 7 days from the notification of the decision.
• Competent Court: Appeals are made to the Criminal Judgeship of Peace in the jurisdiction where the detention decision was issued.
• Reasoned Application: Applications should include reasons and detailed explanations for the appeal.
• Written Evidence: Documents and written evidence added to the appeal file are crucial for the effectiveness of the process.
• Examination of the Decision: After the application, the Criminal Judgeship of Peace examines the decision and provides a verdict as soon as possible.

Initiating the Appeal Process and Required Documents

To initiate the appeal process against an administrative detention decision, an application must be made within 15 days. The required documents include:

• Identity Documents: Passport, identity card, or other identification documents.
• Administrative Detention Decision: The official decision of being placed under detention.
• Power of Attorney: Necessary if the application is made through a lawyer.
• Petition: A petition detailing the unlawful aspects of the administrative detention decision.
• Additional Documents: Any supporting documents and evidence.

Submitting the application within the specified period and with the correct documents is mandatory. Legal assistance is recommended.

Evaluation and Decision-Making Process of Appeals

During the evaluation of the appeal, the petition submitted by the detained person or their legal representative is reviewed. The steps in the evaluation process include:

• Registration of the Petition: Once received, the appeal petition is registered and assigned a case number, and forwarded to relevant units.
• Preliminary Examination: The competent authority examines the application for formalities, time limits, and jurisdiction. The application may be rejected if incorrect or incomplete information is found.
• Substantive Examination: The submitted documents and evidence are thoroughly evaluated. Additional documents or witness statements may be requested if necessary.
• Decision Stage: The competent authority provides a written decision based on the examination. If the appeal is accepted, the release process begins. If rejected, the individual retains the right to seek further legal remedies.
• Completion Time: The appeal is finalized within the timeframes specified by laws and regulations.

Legal and Administrative Implications of Appeal Results

The legal and administrative implications of appeal results include:

• Changing the Decision: If the appeal is accepted, the detention decision can be canceled or its conditions altered.
• New Decisions: New administrative decisions may be made based on the appeal outcome.
• Protection of Rights: Ensuring the protection of the individual’s fundamental rights and freedoms.
• Administrative Processes: Appeal results can influence administrative processes and lead to new regulations.
• Judicial Recourse: The right to seek judicial remedies against the appeal results.
• Compensation: Claims for compensation due to unlawful detention decisions.

These effects ensure that the administrative detention processes in removal centers proceed on a legal basis.

Judicial Remedies and Alternative Legal Routes

Judicial remedies can be pursued against administrative detention decisions. The judicial routes and alternative solutions include:

Administrative Court Appeal:

• An appeal can be filed within 7 days with the competent administrative court. The court reviews the case and provides a decision.

Constitutional Court:

• An individual application can be made to the Constitutional Court against the administrative court decision. The Constitutional Court assesses the violation of fundamental rights and freedoms.

Human Rights and Equality Institution:

• Complaints can be filed with the Human Rights and Equality Institution regarding practices in removal centers.

Alternative solutions include:

• Mediation
• Conciliation
• Ombudsman Institution

 International Law and Turkey’s Obligations

Turkey’s obligations under international law are determined by various human rights treaties and migration law regulations. Key international agreements include:

1951 Refugee Convention and 1967 Protocol

European Convention on Human Rights (ECHR)

United Nations Convention Against Torture

These agreements mandate the protection of the rights of refugees and migrants. Turkey must ensure that individuals are not returned to countries where they would face life-threatening conditions (non-refoulement principle). The conditions in detention centers must also comply with these standards.

The Right to Legal Representation and Support

The right to legal support for individuals under administrative detention is a fundamental human right. This includes access to legal counseling and assistance from lawyers. The rights to legal representation for individuals in removal centers include:

• Access to Lawyers: Detainees have the right to consult with a lawyer of their choice.
• Confidentiality: Meetings with lawyers are conducted confidentially.
• Assistance: Detainees can request legal assistance and obtain information about legal processes.

Conclusion and Recommendations

Our company provides comprehensive consultancy services to protect the legal rights and manage the appeal processes of individuals under administrative detention in removal centers. We assist with the preparation of appeal petitions, procurement of legal documents, and provision of legal support. Contact us for more information and assistance in defending your rights and managing successful appeal processes.