Frequently Asked Questions About Administrative Detention Orders in Turkey

What is an administrative detention order in Turkey?
Who issues administrative detention orders in Turkey?
Under what circumstances is an administrative detention order applied in Turkey?
How long can an administrative detention order last in Turkey?
How is an administrative detention order notified in Turkey?
What is the objection period for an administrative detention order in Turkey?
Where can one appeal an administrative detention order in Turkey?
How is the objection petition against an administrative detention order prepared in Turkey?
Can the objection to an administrative detention order be made via UYAP in Turkey?
Which court is authorized to hear cases against administrative detention orders in Turkey?
How long does the criminal magistrate court take to evaluate an administrative detention order in Turkey?
What happens if the objection to an administrative detention order is rejected in Turkey?
How is the cancellation of an administrative detention order ensured in Turkey?
What is the administrative detention order termination notification form in Turkey?
Does an administrative detention order affect divorce proceedings in Turkey?
Can an application be made to the Constitutional Court against an administrative detention order in Turkey?
What are the rights of foreigners under administrative detention in Turkey?
Can an administrative detention order be overturned in Turkey?
Does voluntary return terminate administrative detention in Turkey?
Why is professional lawyer support important against administrative detention orders in Turkey?

What is an Administrative Detention Order in Turkey?

What is an administrative detention order in Turkey and who is it issued against?

An administrative detention order is an administrative measure taken under certain conditions in Turkey, which deprives a foreign national of their freedom for a specified period due to their unlawful presence in the country, threat to public order, or to ensure the smooth execution of deportation procedures. This practice mainly applies to foreigners against whom a deportation order has been issued or deportation proceedings have been initiated.

The administrative detention order is primarily regulated under Article 57 of the Law No. 6458 on Foreigners and International Protection. According to this, foreigners who do not have residence permits in Turkey, pose a risk of escape or disappearance, use forged documents, or pose a threat to public order and security can be subject to an administrative detention order.

As a result of this order, the individual is detained with restricted freedom in the Return Centers (Geri Gönderme Merkezleri - GGM) designated by the Directorate General of Migration Management. These centers are administrative detention places and differ in status from penal institutions. However, in practice, situations where this distinction is not fully observed may be encountered.

Foreigners seeking answers to the question "What is an administrative detention order?" often do not know how long the process will last, what rights they have, or how to appeal this decision. At this point, obtaining support from specialized lawyers such as an Izmir deportation lawyer, Turkey immigration lawyer, or Izmir GGM lawyer is of great importance to ensure the process is conducted lawfully.

In Turkey, the administrative detention order must be issued not only at the discretion of the administration but also in accordance with certain legal conditions and procedures. Otherwise, serious violations of rights contrary to both the Constitution and the European Convention on Human Rights may occur.

How is an Administrative Detention Order Obtained and Who Issues It in Turkey?

Which authority issues the administrative detention order in Turkey and under what conditions is it applied?

In Turkey, an administrative detention order is applied to foreigners subject to deportation procedures who pose a risk of escape, are legally unable to stay in Turkey, or threaten public order. This decision is an administrative measure, not a criminal prosecution, aimed at temporarily depriving a person of their liberty. However, since it may lead to serious consequences, it must be issued properly and with justified reasons.

The authority to issue the administrative detention order belongs to the Republic of Turkey’s Directorate General of Migration Management. More specifically, it is issued by the Provincial Directorates of Migration Management responsible for carrying out deportation procedures. These authorities individually assess the foreigner's situation and decide on the application of administrative detention if deemed necessary.

The answer to the question "How is an administrative detention order issued?" depends on the factual and legal status of the foreigner. Administrative detention can be applied in the following cases:

There is a risk of escape or disappearance,
The person does not leave despite being illegally present in Turkey,
The person has used forged documents,
The person poses a threat to public order, public security, or public health,
The deportation procedure is delayed due to technical reasons.

After the decision is made, this situation is notified to the foreigner in writing. The notification must clearly state the reasons and include complete information about the "objection period to the administrative detention order" and where to apply.

At this stage, making a defense specific to the individual's file is of great importance. An evaluation made by specialized lawyers such as a Turkey immigration lawyer, Izmir immigration lawyer, or Izmir GGM lawyer may ensure the cancellation of the decision or the effective conduct of the objection process.

Within at most 48 hours after the decision is made, the criminal magistrate court must review the validity of the decision. However, in practice, these periods are often exceeded, which constitutes a violation of the fundamental rights and freedoms of the person.

When and How is an Administrative Detention Order Notified in Turkey?

How is the administrative detention order notified to the person in Turkey?

When an administrative detention order is issued against a foreigner in Turkey, it is mandatory that this decision be notified lawfully. The notification process is critical both for the validity of the decision and for the person to learn about their rights to use against this decision in a timely and proper manner.

The administrative detention order is evaluated together with the capture or detention of the foreigner and must be notified to the person in writing within 24 hours at the latest after the decision is made. This procedure is generally carried out at the Return Center (GGM) where the foreigner is located. During the notification, interpreter assistance must be provided, and explanations must be made in a language the person understands.

The notification document, called the "Administrative Detention Order Termination/Notification Form," is placed in the person's file, and a copy is delivered to the person. This document must include in detail:

The date of the decision,
The reasons,
The legal articles on which it is based,
The objection period and where to apply,
The right to be represented by a lawyer,
The personal information of the foreigner.

Incomplete or incorrect notification prevents the proper conduct of the subsequent "objection to the administrative detention order" process. Therefore, many violations are experienced in practice.

Especially notifying the decision in a language the person does not understand eliminates the right to legal defense, and this is accepted as a rights violation in the decisions of both the administrative courts, the Constitutional Court, and the European Court of Human Rights (ECHR). For this reason, the process must be closely monitored, and unlawful notifications must be immediately challenged legally.

At this stage, the file being handled by a professional representative such as a Turkey GGM lawyer, Izmir GGM lawyer, or Turkey immigration lawyer is of great importance both to detect unlawful aspects of the notification and to intervene in a timely manner.

Objection Period and Procedure for Administrative Detention Orders in Turkey

Within what period and how can an administrative detention order be appealed in Turkey?

An administrative detention order in Turkey is a serious administrative measure restricting freedom and is subject to legal review. Therefore, the right to object granted to the foreigner is very important under both domestic and international law. If an application is not made within a certain period and in accordance with the procedure after the administrative detention order is issued, the decision becomes final and continues to be enforced.

According to Article 57 of the Law No. 6458 on Foreigners and International Protection, a foreigner taken under administrative detention can appeal this decision within 7 days from the notification of the decision by applying to the criminal magistrate court. Applications made outside this period are not considered.

The objection is made to the criminal magistrate court of the province where the foreigner is located by a written petition. The following documents should be used during the objection process:

The notified administrative detention order,
The foreigner’s passport or identity documents,
A reasoned petition explaining why the decision is unlawful,
If available, documents showing social ties and legal status in Turkey (residence permit, family information, health reports, etc.).

Generally, it is not possible for foreigners to make this application personally through the UYAP Citizen Portal. Therefore, the answer to the question "Can the objection to the administrative detention order be made via UYAP?" is often negative. Usually, this application is made through a lawyer or the petition is delivered to the court via the officials at the return center.

The criminal magistrate judge decides on the file within 5 days. The decision is final. If the judge finds the administrative detention order unlawful, the person is released. Otherwise, detention continues.

At this stage, questions such as "which criminal magistrate is authorized to hear objections to administrative detention orders?" and "how to write an objection petition against an administrative detention order?" must be addressed professionally. Faulty or insufficient petitions may lead to rejection of the application. Therefore, it is extremely important that the process be conducted by an Izmir deportation lawyer, Turkey immigration lawyer, or Izmir GGM lawyer.

Which Court Has Jurisdiction Over Objections to Administrative Detention Orders in Turkey?

Which court is authorized to hear objections against administrative detention orders in Turkey?

Since administrative detention orders taken against foreigners in Turkey directly affect fundamental rights and freedoms, they must be subject to judicial review. Therefore, the issue of the competent and authorized court in objections against administrative detention orders is of great importance. Applications to the wrong court may result in wasted time and serious loss of rights.

According to Article 57 of the Law No. 6458 on Foreigners and International Protection, the judicial authority to be applied to against administrative detention orders is the criminal magistrate court. However, an important point to note is that the competent criminal magistrate court must be within the judicial district where the foreigner is held under administrative detention.

For example, if a foreigner is detained at the Izmir Return Center, the objection petition must be submitted to the Izmir Criminal Magistrate Court. For foreigners detained at return centers in different provinces such as Istanbul, Ankara, or Gaziantep, the authorized court is the criminal magistrate court of the province where they are held.

Frequently asked questions such as "which court is authorized to hear objections to administrative detention orders?" or "which criminal magistrate judge is authorized to hear objections to administrative detention orders?" are vital for directing the application to the correct address. In practice, due to such technical errors, rights violations occur, especially when applications are made to the wrong court within the 7-day objection period.

Therefore, the application process must be managed by an Izmir immigration lawyer, Turkey deportation lawyer, or Izmir GGM lawyer. This ensures both lawful follow-up of the process and significantly increases the possibility of the foreigner's release with an effective application.

Cancellation and Termination of Administrative Detention Orders in Turkey

How is an administrative detention order canceled or terminated in Turkey?

An administrative detention order refers to the detention of a foreigner in a Return Center in Turkey for a specified period. However, this order is not indefinite. With changes in both legal and factual conditions, the administrative detention order can be canceled or terminated by the administration. This is a requirement both for the right to liberty of the person and the principle of lawful administration.

Article 57 of the Law No. 6458 on Foreigners and International Protection stipulates that the administrative detention period can be at most 6 months; in exceptional cases, this period can be extended by another 6 months. However, if the deportation procedure is not completed within this period or if reasons requiring administrative detention no longer exist, continuing the order becomes unlawful.

The cancellation of administrative detention can be done by the following means:

1. By Decision of the Criminal Magistrate Court

As a result of an objection made by the foreigner or their lawyer to the criminal magistrate court, the judge may find the detention unlawful and cancel it. In this case, the person is immediately released.

2. By Ex Officio Decision of the Provincial Directorate of Migration Management

The administration may terminate the detention ex officio based on new evaluations made in the file. This decision is notified to the foreigner by the "Administrative Detention Order Termination Notification Form." In this case, the person's release is ensured.

3. Voluntary Return Application

In some cases, when a foreigner agrees to leave Turkey voluntarily, the administration removes the person from detention and manages the process in a controlled manner.

Although the "cancellation of the administrative detention order" process is legally based, it may not always be carried out fairly in practice. Therefore, it is necessary for an expert lawyer such as a Turkey immigration lawyer, Izmir GGM lawyer, or Turkey deportation lawyer to monitor the process. Otherwise, the person continues to be deprived of liberty in practice.

Arbitrary extension of administrative detention is contrary to both the Constitution and the European Convention on Human Rights. Therefore, if the person is not released, advanced judicial remedies such as individual applications to the Constitutional Court or applications to the ECHR can be pursued.

Rights of Foreigners Under Administrative Detention in Turkey

What legal rights do foreigners under administrative detention have in Turkey?

An administrative detention order is a serious measure restricting a foreigner’s liberty. However, this decision does not mean the person has waived all fundamental rights. Foreigners under administrative detention in Turkey have certain fundamental rights within the scope of international law, the Constitution, and the Law No. 6458 on Foreigners and International Protection. Protecting these rights is a requirement of both human dignity and the rule of law.

Below are the main rights of foreigners held under administrative detention in Return Centers in Turkey:

1. Right to Notification

The administrative detention order must be notified to the person in a written and understandable manner. The notification must include reasons, objection period, and application procedures. Also, the "administrative detention order termination notification form" is critical for the person to know their rights.

2. Right to Legal Assistance

Every foreigner under administrative detention has the right to be represented by a lawyer. Those with insufficient financial means can be assigned a lawyer free of charge by the bar association. It is important to seek help from specialists such as Izmir GGM lawyers or Turkey immigration lawyers at this point.

3. Right to Interpreter

The foreigner has the right to receive information in their own language. Notifications, rights briefings, and interviews must be conducted in a language the person understands.

4. Right to Appeal

The foreigner can object to the administrative detention order by applying to the criminal magistrate court within 7 days. This right is a fundamental guarantee for the protection of liberty.

5. Right to Be Detained Under Conditions Respecting Human Dignity

Foreigners staying in GGMs must be kept in a clean, safe, and healthy environment. Their basic needs such as food, health, and shelter must be met.

6. Right to Contact Family

Foreigners can make telephone calls or receive visits from their relatives. This right is especially important for families with children.

7. Right to Voluntary Return

Voluntary return to their home country is provided for some foreigners, and this process is facilitated by the administration.

The exercise of these rights by persons under administrative detention is often possible only through effective monitoring of the process and legal support. Many foreigners suffer grievances in practice because they are unaware of these rights. Therefore, it is vital that the process be followed by specialists such as a Turkey deportation lawyer or Izmir immigration lawyer.

Importance of Lawyer Support in Objections Against Administrative Detention Orders in Turkey

Why is professional lawyer support necessary in the objection process against administrative detention orders in Turkey?

An administrative detention order is one of the most serious administrative measures restricting a foreigner’s liberty. The cancellation of this order or proper management of the objection process requires not only legal knowledge but also experience, attention, and strategy. Therefore, carrying out the process with the support of a professional lawyer is of vital importance both to protect individual rights and to prevent grievances.

Many foreigners in Turkey make mistakes when looking for answers to questions such as "where to appeal an administrative detention order?", "how many days is the objection period for an administrative detention order?" or "is cancellation possible against an administrative detention order?", leading to consequences that are difficult to remedy.

Lawyer support makes a difference at every stage of the process:

1. Effective Preparation of the Objection Petition

The application to the criminal magistrate court must be strongly justified with legal grounds. Incomplete or insufficient petitions may result in rejection. At this point, an Izmir immigration lawyer or Turkey deportation lawyer develops a special strategy for each file.

2. Monitoring the Process

The lawyer of the person under administrative detention closely monitors the notification process and objection period. Untimely applications do not provide legal protection.

3. Protection of the Foreigner’s Rights

The lawyer intervenes against rights violations of the person held in the Return Center, documents issues such as health condition, social ties, and legal status before the court.

4. Interpreter and Communication Support

Processes of persons who do not know the foreign language can only be properly managed through a lawyer. The lawyer arranges interpreters if necessary and communicates with the Directorate General of Migration Management.

5. Monitoring Alternative Legal Remedies for the Cancellation of Administrative Detention

In some cases, individual applications to the Constitutional Court or access to international mechanisms may also be necessary. The effective use of these remedies requires expertise.

Effective defense against administrative detention orders is only possible with an experienced Turkey GGM lawyer, Izmir deportation lawyer, or Izmir GGM lawyer. This support is critical not only for protecting liberty but also for maintaining life in Turkey.

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