Detention in the temporary protection framework

Turkey

Country Report: Detention in the temporary protection framework Last updated: 30/11/20

Author

Independent

As a rule, temporary protection beneficiaries should not be detained. The TPR does not feature any explicit provision governing administrative detention of persons within the scope of temporary protection laying down grounds and procedural safeguards that apply. Article 35 TPR does, however, provide that beneficiaries who fail to comply with the obligations set out in the Regulation may be temporarily or permanently prevented from residing outside a Temporary Accommodation Centre. Where this provision is applied, beneficiaries are forbidden from leaving the camp, thereby being de facto in a state of detention.

As discussed in the section on Housing, camps for Syrians officially referred to as Temporary Accommodation Centres were originally established and run by AFAD. Since October 2015, however, DGMM has managed the camp based in the Düziçi district of Osmaniye province and began to use it as a de facto detention centre mainly to hold selected Syrian nationals.[1] Currently, Düziçi is classified as a temporary Removal Centre (see Place of Detention).

Under a Circular of 25 July 2014, there is a provision relevant to beneficiaries who threaten public order or security inter alia by begging or living on the street.[2] On the basis of this Circular, cases of Syrians confined within camps and not being allowed to leave after being arrested for homelessness or begging have been reported in previous years[3] including to groups such as Dom.[4] This practice stopped in 2018.[5]

In addition, detention has also been – arbitrarily – imposed in some cases as a sanction against temporary protection beneficiaries who violate their obligation to stay in their assigned province, although practice in this regard is not uniform. For example, temporary protection beneficiaries apprehended for irregular exit by sea are transferred to Removal Centres and are held there until the completion of pre-registration, unless they pose a threat to public safety and security.[6]

Temporary protection beneficiaries may be subject to detention for the purpose of removal (see International Protection: Grounds for Detention) where their status is cancelled or they fall within the exceptions to the principle of non-refoulement (see Protection from Refoulement).

 


[1] Council of Europe Special Representative for Migration and Refugees, Report of the fact-finding visit to Turkey, 10 August 2016, paras VI.1(b) and XI.2(f).

[2] Ministry of Interior Circular 2014/429 of 25 July 2014.

[3]  Zeynep Kivilcim, ‘Legal violence against Syrian female refugees in Turkey’, Female Legal Studies, 2016, citing Amnesty International, Europe’s gatekeeper, 2015.

[4] Information provided by the Kirkayak Cultural Centre, February 2018.

[5] Information provided by the Kirkayak Cultural Centre, February 2019.

[6] Information provided by a stakeholder, February 2018.

 

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