Differential treatment of specific nationalities in detention

Turkey

Country Report: Differential treatment of specific nationalities in detention Last updated: 31/05/21

Author

Independent

There is no known policy of differential treatment of persons in detention on the basis of nationality, although according to observations from stakeholders, some Removal Centres detain specific population groups. For example, Izmir (Harmandalı),[1] Kayseri,[2] and Hatay detain mixed populations, including irregular migrants and foreign fighters, Gaziantep mostly holds Syrians classified as YTS (Foreign Terrorist Fighters).

In Izmir there is differential treatment for people who have been assigned a code compared to other irregular migrants, for example, there are restrictions on their right to make phone calls and go outdoors. The detention conditions of YTS are worse than other detainees and they are subject to arbitrary body checks and have limited rights to leave their cells. There have been claims of torture and ill-treatment.[3]

In Istanbul there are reports of discrimination especially against Afghan and Pakistani nationals who do not get released as easily. The deportation procedure is reportedly executed much faster for Afghan nationals. The situation of sex workers is also problematic. A Turkmen national was accused of being a sex worker and was held in the removal centre for one year, before being released due to the COVID-19 outbreak. There is also discrimination against people suspected of a crime who find it more difficult to get a positive decision from the administrative courts.[4]

 

[1]        During the Human Rights and Equality Commission’s visit in 2018, the centre held nationals of Afghanistan, Syria, Iraq, Angola, Algeria, Morocco, Iran, China, US, Pakistan, The Gambia, Congo, Cuba, Egypt and Central African Republic. Turkish Human Rights and Equality Commission, İzmir Harmandalı Geri Gönderme Merkezi Ziyareti, 2018/18, December 2018, para 19.

[2]        During the Human Rights and Equality Commission’s visit in 2018, the centre held nationals of Afghanistan, Syria, Iraq, Iran and Central Asian countries: Turkish Human Rights and Equality Commission, Kayseri Geri Gönderme Merkezi Ziyareti, 2018/14, November 2018, para 17.

[3]        Information provided by a lawyer from the Izmir Bar Association, February 2020.

[4]        Information provided by a stakeholder, March 2021.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of main changes since the previous report update
  • Introduction to the asylum context in Turkey
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • Temporary Protection Regime
  • Content of Temporary Protection