Administrative Detention and Removal Centers
Administrative detention is not a criminal conviction; it is an administrative measure specific to immigration law. Because it restricts a person’s liberty, however, it must be reviewed with respect to its statutory ground, necessity, proportionality, duration and periodic evaluation.
Our services in the field of administrative detention cover the following:
- Reviewing the administrative detention decision and its grounds
- Preparing the application to the criminal judgeship of peace (sulh ceza hâkimliği)
- Reviewing extensions of the detention period and the monthly evaluations
- Reapplying where the circumstances change or cease to exist
- Assessing alternative obligations such as residence at a designated address, reporting duties and family-based return
- Attorney consultation at the removal center, access to the file and communication with relatives
- Presenting health, family unity, children and special-needs situations to the relevant authorities
An application may be made to the criminal judgeship of peace against an administrative detention decision. This application does not take the place of the action to be brought before the administrative court against the deportation decision. Even when the two acts are in the same file, the competent authority, the subject of review and the legal consequences are different.
Review of Duration and Necessity When Liberty Is Restricted
Five days is not the applicant’s objection period
An application under Art. 57/6 of Law No. 6458 is made to the criminal judgeship of peace. The five days provided by the law are for the judge’s review; the person does not have to wait five days before applying. The application does not by itself stop the detention. A new application may be made on the ground that the circumstances have changed or ceased to exist.
Six months and the conditions for extension
As a rule, the maximum period under Art. 57 for administrative detention for the purpose of deportation is six months. If the procedure cannot be completed because the foreign national does not cooperate or does not provide accurate information or documents about their country, an extension of up to six more months may come into question. The existence of a maximum period does not mean that everyone may be held for that long; necessity and the monthly evaluation are reviewed separately.
Detention of an international protection applicant
Merely making a protection request is not a ground for detention. The exceptional detention under Art. 68 of Law No. 6458 is distinct from detention for the purpose of deportation and cannot exceed thirty days. No single calculation of time is made before it is determined on which article the decision rests.
Information that relatives can prepare
The name of the center where the person is held, the places to which they have been transferred, the known notification dates, current health needs and a way of contacting them are important. The route for attorney access, obtaining copies of decisions and the power of attorney is planned according to the specific circumstances. Automatic access to the file on behalf of relatives or an outcome such as release from the center cannot be promised.
Follow-up of alternative obligations
Residence at a designated address, reporting duties, a guarantee or other statutory options are assessed according to personal circumstances. Violating the obligations imposed after detention is lifted may lead to new consequences. The address, the reporting day and applications for changes should be followed regularly.
Legal aid
A person who cannot afford an attorney’s fee may request legal aid under the conditions set out in the law. The appointment of an attorney by the bar association and aid for court costs are assessed separately; a consultation request sent to a private law firm is not a legal aid application.
Information Needed for the First Consultation
Prepare all pages of the decision, the notification record, your current status, earlier applications and a short chronology of events. If a transfer or application deadline is approaching, mention it in your first message. The file-specific document list and the method of representation are settled in the consultation.