APPEAL AGAINST ADMINISTRATIVE DETENTION (İDARİ GÖZETİM) ORDER
The Law No. 6458 on Foreigners and International Protection
regulates the objection to the administrative detention decision. The relevant
regulation stipulates that persons who have been granted administrative
detention may apply to The Criminal Court of Peace (Sulh Ceza Mahkemesi) to
appeal the administrative detention decision. You probably need the guidance of
an English-speaking lawyer in Istanbul if your loved one in a removal center in
Istanbul with a detention order.
What Is An Administrative Detention Order?
An administrative detention order is a decision to detain
foreigners in a removal center for a certain period of time due to the
conditions required by the law.
Administrative detention is applied to persons for whom a deportation
order has been issued. Administrative detention is ordered for those who pose a
risk of flight or disappearance, who violate the rules of entry or exit to or
from Turkey, who use forged or false documents, who do not leave Turkey without
an acceptable excuse, who pose a threat to public order, public security or
public health. These persons may also be subjected to alternative obligations
to administrative detention instead of administrative detention. The decision
on administrative detention is made by the governorate. Therefore, the persons
listed in the relevant regulation are placed under administrative detention
with the decision of the governorate.
What Are The Conditions Of An Administrative Detention
Decision?
In order to obtain an administrative detention decision, a
deportation decision must be taken against the foreigner. In addition, the
foreigner must be a person who poses a risk of flight or disappearance, who
violates the rules of entry or exit to or from Turkey, who uses forged or false
documents, who fails to leave Turkey without an acceptable excuse and who poses
a threat to public order, public security or public health. Therefore, for an
administrative detention order, a deportation order must be issued against the
foreigner and one or more of the conditions listed here must be met for the
foreigner.
Who Issues The Administrative Detention Decision?
The authority authorized to issue an administrative
detention decision is the governorship. The governorate makes an administrative
detention decision on persons who meet the above-mentioned conditions. Persons
subject to administrative detention are taken to a removal center.
Does An Appeal Against An Administrative Detention
Decision Stop The Enforcement Of Administrative Detention?
Applying to the criminal court of peace to appeal the
administrative detention decision does not stop the implementation of the
administrative detention decision. Therefore, administrative detention
continues to be applied during the appeal and the review of the appeal.
Who Can Appeal Against An Administrative Detention
Decision?
The persons who can appeal against the administrative
detention decision to the criminal judge of peace are listed in Article 57/6 of
Law No. 6458. The person under administrative detention, the legal
representative or the lawyer of the person under administrative detention may
appeal against the administrative detention decision.
This is intended for general informational purposes only and
not intended as a substitute for the advice and counsel of a criminal defense
attorney. If you want to contact an English-speaking criminal lawyer
in Istanbul for more information you can contact our office.
