Rights Violations in Türkiye’s Deportation Centers

Protecting vulnerable groups in detention centers is a legal necessity. However, current regulations and practices in Türkiye often fall short, resulting in serious human rights and fundamental freedom violations.

Legal Framework of Removal Centers in Türkiye

The legal regulation governing Türkiye’s migration and foreigner law is the Law on Foreigners and International Protection No. 6458, enacted on April 11, 2013. This law stipulates administrative detention, deportation orders, visa regimes, residence permits, and various statuses for foreigners. It also led to the establishment of the Directorate General of Migration Management under the Ministry of Interior.

This regulation consolidated and modernized the previously fragmented legal framework. In drafting the law, case law from the European Court of Human Rights (ECtHR) and opinions from institutions such as UNHCR and AIHM were taken into account.

Although Türkiye has historically been a country of emigration, migration trends have shifted in the last 50 years, making Türkiye both a transit and destination country. Recent migration movements from the Middle East, Africa, and Central Asia have made Türkiye one of the top countries hosting refugees.

While this historical and geographical transformation has enriched the country’s social and cultural diversity, it also presents legal and structural challenges in harmonizing domestic law with international standards.

Vulnerable Groups in Removal Centers

Articles 57–60 of Law No. 6458 govern administrative detention. These articles also introduce the concept of vulnerable groups, which include:

• Unaccompanied children

• Victims of human trafficking

• Pregnant women

• The elderly

• Persons with disabilities

• Victims of torture or psychological trauma

Despite these provisions, vulnerable individuals often experience serious problems during their detention.

A particularly problematic area is prolonged detention without a clear deportation timeline, which can lead to violations of the right to liberty and security protected by both national and international law.

Legal Uncertainty and Misuse of Administrative Detention

Many detainees in removal centers are held without valid travel documents or because their legal status is being questioned. However, this should not justify automatic detention.

Although Turkish law allows administrative detention in certain circumstances, it must be:

• Proportionate

• Limited in time

• Subject to judicial review

In practice, however, judicial oversight is often weak, and many individuals remain in detention without a court's approval. This violates both domestic regulations and international human rights standards, including those established by the European Committee for the Prevention of Torture (CPT).

Common Legal Violations Faced by Detainees

Many rights violations stem from:

• Lack of legal representation

• Language barriers during legal proceedings

• Insufficient medical care

• Poor hygiene and nutrition

• Inadequate physical conditions in detention facilities

Lawyers, families, and NGOs often face restrictions or delays when trying to access detainees. The lack of transparency makes it nearly impossible to conduct independent monitoring or to raise effective objections against illegal practices.

In some cases, detainees are not even provided with information about the legal basis of their detention or their right to appeal.

Access to Justice and Legal Representation

Attorneys who attempt to access removal centers face significant obstacles, including:

• Bureaucratic delays

• Non-cooperation from facility staff

• Denial of visitation rights based on procedural grounds

This impedes effective legal defense, particularly in deportation cases where detainees are at risk of being sent back to countries where they may face persecution or serious harm.

Despite the availability of legal aid for vulnerable groups, access is inconsistent and subject to discriminatory practices.

Children, Women, and Families in Detention

Children and women are especially vulnerable in removal centers. Conditions such as:

• Mixed-gender housing

• Lack of pediatric and gynecological medical services

• Absence of psychosocial support

can severely impact their mental and physical well-being.

The law states that children should be housed in dedicated facilities with education, healthcare, and recreational services, but this is rarely implemented.

The State’s Obligation to Prevent Arbitrary Detention

Under both Turkish law and international treaties such as the European Convention on Human Rights (ECHR) and the Convention on the Rights of the Child (CRC), Türkiye has a legal obligation to:

• Avoid arbitrary detention

• Ensure fair procedures

• Protect vulnerable individuals from inhumane treatment

However, practices in many removal centers fail to uphold these standards, leading to serious violations of human dignity.

What Can Be Done?

Bayraktar Attorneys believes that:

• The detention of vulnerable individuals should always be the last resort, not the first response.

• Authorities must provide clear legal reasoningand ensure that individuals are informed of their rightsin a language they understand.

• The Turkish government must improve the transparency, oversight, and conditionsof removal centers.

• Regular inspections by independent human rights monitorsshould be mandated by law.

• Legal representation should be made easily accessible, especially for women, children, and stateless persons.

Our Legal Services for Detainees and Families

At Bayraktar Attorneys, we have extensive experience in:

• Defending clients detained in removal centers

• Challenging unlawful administrative detention

• Filing urgent appeals and deportation objections

• Coordinating with consulates and international bodies

• Ensuring access to legal counsel and fair hearings

If you or your family member is being held in a deportation center in Türkiye, contact us immediately. We act fast, file emergency petitions, and seek immediate release orders when rights are being violated.