Unaccompanied children international protection applicants should be categorically excluded from detention, since they must be placed in appropriate accommodation facilities under the authority of the Ministry of Family and Social Services.[1] Committee on the Rights of the Child highlights the concerned that asylum-seeking and refugee children, including those who are unaccompanied and separated, are at a high risk of being held in immigration detention[2]. In practice, however, unaccompanied children often declare being over the age of 18 to avoid separation from their groups.[3] There were cases where, with the purpose of taking them under administrative detention, minors were registered to be accompanied by the adults in the group they entered Türkiye with even if they do not have any connection to such adults[4]. Incidents where minors are kept under detention together with adults and not in separate locations are common.[5] According to the law, children at risk and children convicted of an offence should be transferred to Child Support Centres (Çocuk Destek Merkezleri, ÇODEM).[6]
Unaccompanied asylum-seeking children who undergo age testing are legislatively assigned to specific authorities for accommodation until their test results are known. However, despite the absence of an administrative detention decision, these children often face prolonged stays in detention centres during this process[7]. A significant issue to highlight is that, in practice, all asylum-seekers, including unaccompanied asylum-seeking children, are subjected to administrative detention rather than alternative measures, despite legislative provisions allowing for such alternatives. The justification for not using alternative measures is not provided. Although administrative surveillance can be applied under specific circumstances defined by law, it is often implemented arbitrarily, resulting in the unnecessary detention of unaccompanied asylum-seeking children[8].
It is very common for LGBTIQ+ persons prefer to live in certain cities such as metropolitan cities (Istanbul, Izmir) or cities where their communities live (the cities which are used to be satalite cities), even though they are registered in another city. Thus, LGBTQI+ persons are at particular risk of detention when apprehended outside their assigned province. In several removal centres (Tuzla, and Şanlıurfa) they are detained with other groups, for instance, a transperson staying with men, which makes them very vulnerable to any type of violence and discrimination. Also, it is problematic for transgender people to continue their hormone treatment during detention.[9] Sometimes they faced social isolation in the removal centres, not being able to access open air as much as one should[10]. Discrimination may also occur with isolation, therefore the reason for isolation must be addressed.
Moreover, sex workers and (potential) victims of trafficking are also a category of persons detained in Removal Centres for reasons of public order and public health under Article 57 LFIP, though not necessarily engaging with the international protection procedure. Although sex work is not prohibited in Türkiye, working without a permit is a ground for deportation and detention; consequently, the majority of detentions were based on the absence of a work permit. In 2022 and 2023, sex workers sought help from the removal centres of Ankara, Aydın, Istanbul and Kütahya[11]
People with HIV were also subject to discriminatory practices. In 2023, a person who was separated from other detainees and after the appeal, their situation was improved however the person was deported under the voluntary return scheme[12].
Vulnerability based on medical reasons is difficult to prove and such claims are often viewed as bad faithed by the administration. It is not possible to obtain a medical report showing the disability or other medical conditions for irregular migrants.[13]
[1] Article 66(1)(b) LFIP.
[2] Committee on the Rights of the Child Concluding observations on the combined fourth and fifth periodic reports of Türkiye, available here.
[3] Information provided by a stakeholder, February 2019, May 2023 and March – April 2024.
[4] Information provided by a stakeholder, March 2024.
[5] Information provided by various stakeholders, June 2023.
[6] Regulation No 29310 of 29 March 2015 on Child Support Centres, available in Turkish here.
[7] Mülteci Hakları Merkezi, Türkiye’deki Refakatsiz Sığınmacı Çocukların Hukuksal Korumaya Erişimi: Tespitler ve Değerlendirmeler, September 2022, avaible here.
[8] Ibid.
[9] Information provided by stakeholder, March 2024.
[10] KAOS GL,06.12.2023, 10 şehirden avukatlar, mülteci LGBTİ+’ların hakları için buluştu, available here.
[11] Information provided by stakeholders, June 2023 and March 2024.
[12] Information provided by a stakeholder, March 2024.
[13] Information provided by various stakeholders, June 2023 and March 2024.