Access to the territory and push backs

Türkiye

Country Report: Access to the territory and push backs Last updated: 20/08/24

Author

Independent

Access at the land border

Irregular arrivals are often reported in Van, Ağrı, Hakkari, and Erzurum in the east, and Muğla, Aydın, İzmir, Çanakkale, Edirne, and İstanbul in the west.

According to PMM statistics, the number of irregular migrants decreased in 2023, from 285,027 to 254,008, one of the main reasons mentioned by authorities is increased border controls. The percentage of Afghans among those considered as irregular migrants decreased from 40% to 27% in 2023, yet Afghanistan remains the top nationality of persons apprehended for irregular migration in 2023 with 68,687 Afghan nationals, and in the first four months of 2024, with 26,710 Afghan nationals. As in the previous year, in 2023, with 58,621, Syrians are the second highest nationality among those registered as irregular migrants. The other main nationalities are Palestinian, Turkmenistan, Morocco, Uzbekistan, Iraq, Iran, and Yemen. This represents a slight decrease in the total number of irregular migrants apprehended from 2022, it is still far from 2019 (454,662) which had seen the highest number since records began.[1]  According to the statement of Interior Minister, 80,946 irregular migrants were prevented from entering the borders, as of October 2023[2]. According to the statement of PMM on 20 May 2023[3], 93,148 irregular immigrants have been prevented from entering the country since the beginning of 2023, and a total of 2,836,775 to date.

There has been some dialogue or cooperation in certain areas with Frontex[4], such as risk management, training, capacity building on fundamental rights, monitoring, SAR, and exchange of experience and knowledge[5].

In 2023, applying for international protection remained problematic for irregular migrants who faced pushback. Another worrying trend is increased number of crossing attempt of migrants who have status in Türkiye[6]. Registered migrants attempting to cross lose their rights in Türkiye due to the inactivation of their IDs.

Eastern Borders:

Türkiye constructed a wall on its Iranian border in 2018-2019.[7] The wall was extended along the southern and eastern borders and in 2021 trenches and wire fences were added. The number of watchtowers and police stations also increased, and the border was controlled with technological devices, including surveillance by unmanned aerial vehicles (UAVs). In 2023, a wall of 1160 kilometers, corresponding to 80 percent of the borders of Iran and Syria, and a 1234-kilometer patrol road have been completed, and the work on the remaining 20 percent continues. 341 electro-optic towers, 250 of which are on eastern borders were established, serving with high technological capacity along the borders, which allows monitoring 740 km of the Eastern border. In addition, 284 thermal cameras, 151 elevator towers, 139 armoured surveillance vehicles, and seismic sensor systems were used in the borders[8]. It is estimated that the increased border control prevented around 230,000’ migrants from entering borders in Turkiye in 2023[9] and 38,000 in the first quarter of 2024. Based on the profiles of groups arriving in Türkiye, it is estimated that most of these interceptions are from the Iranian border and the interceptions on the Syrian border continue to be small numbers as per the apprehension numbers published by the Turkish authorities.[10] There is no official information about how many migrants are affected regarding their nationality and which border.

The presence of the wall has led to crossings shifting to more dangerous, rugged, and mountainous routes or taking place during winter months when the snow level is elevated. This situation increases the risk to people’s lives by forcing them to cross more hazardous routes. As a result, migrants and smugglers favour steep and risky paths with no gendarmerie or police oversight[11].

Increasing numbers of arrivals through the Iranian border have led to restrictive measures and arbitrary detention and deportation practices (see Place of Detention), with mainly single Afghan men being issued deportation (“T1”) forms[12], or being pushed back without being provided any official form[13]. The “T1” forms are usually issued following administrative detention in a Removal Centre or at a police station, and are stored in the PMM electronic file management system named “Göç-Net”. If a “T1” deportation decision has been issued, the person cannot apply for international protection and the decision can only be challenged by a judicial appeal.[14] It was claimed that some people who left Van and Ağrı Removal Centres with T1 forms were sent across the border in 2023; however, it was claimed that this practice was temporary.[15]

In 2022, those who are forced back into Iran risked becoming stuck in the mountains separating Iran from Türkiye and suffering brutal treatment from Iranian state authorities, including shooting and injuries.  Iranian military continued to injure people physically and carried out their own “pushback” to prevent Afghans from going back to Iran. Undocumented migrants who escaped detection frequently went into hiding in Van and were reluctant to request international protection for fear of being pushed back. Despite being pushed back from the border four or five times, people continued to attempt to enter Türkiye. Many of them attempted to migrate to the western cities of Türkiye once they had arrived.[16] In 2023, there were some reported incidents of groups on the Iranian side capturing the migrants, beating, and torturing them, and demanding a ransom from families. Due to the fear of these groups, some migrants declare that they prefer to be sent back to Afghanistan, rather than Iran[17].

Among the apprehended migrants, single male migrants, especially those coming from Afghanistan, Pakistan and Bangladesh face more pushback, and Iraqi and Iranians are more likely to be sent to removal centres, which gives the possibility for them to apply for international protection[18]. Some of people who cross the border, including families, women, and children, are sent to removal centres, and the majority are pushed back to Iran[19]. In some cases, they may be held for 3-4 months before being subjected to pushback without being taken directly to removal centres. There were some incidents where Afghan migrants were transferred from the towns which have land borders with Greece to the border with Iran in 2023[20]. There are no clear or individual assessments, including for UAMs, regarding who will be transferred to removal centres, and the migrants are often not informed about their rights. It is important to note that among the groups crossing the border, there were unaccompanied minors aged from 12 to 17. There were some incidents that the records show that migrants are released after being held in removal centres, but they might be pushed back to Iran. It is very hard to follow the location of people and almost impossible to have any proof of the pushback[21].

Another common pushback method occurs within cities. In Van, it is reported[22] that undocumented Afghans caught in the city or while traveling to western parts are detained at police stations for up to a few days without official registration. They are then carried back to the Iranian border, despite this practice being illegal under domestic and international law. Such pushbacks, especially in Van, Iğdır, Erzurum, and Ağrı, create unofficial borders within cities guarded by checkpoints.

While crossings have decreased during the summer months due to the wall and heightened border measures, migrants often travel through mountains and over high cliffs, particularly in the winter season. Due to harsh cold, blizzards, avalanches, frostbite, and accidents, each year people lose their lives during this dangerous journey, and many are injured by loss of limb due to hypothermia or frostbite[23]. Usually, detection is made by drones, due to the high level of snow during winter times. In an incident that occurred in March 2023[24], 17 irregular immigrants suffered frostbite and were hospitalised. During the 6 months of the winter period of 2023-2024, there have been 8 separate incident reports, including babies, children, and women due to weather conditions[25].

With the completion of the wall of a height of 3.5 m on the southeastern border with Syria, monitored 24/7 by cameras and drones, irregular crossings are limited.[26] . Crossings are only allowed for individuals who require specific medical treatments and their attendants, for the duration of the treatment period[27].

Access to the territory through the Syrian land border is discussed in detail in Temporary Protection: Admission to Territory.

Western Borders:

In September 2022, Greece announced that they planned to extend the 40-kilometer fence by 140 kilometers along the northern border with Türkiye to prevent migrants from entering the country.[28] At the beginning of 2023, Greece announced a further extension of its border fence with Türkiye to be extended by another 35 kilometers and ultimately wants the five-meter high steel fence on the Evros River (Meric) to cover most of the 192-kilometer border[29]. On the other side of the border, 91 electro-optic towers were established by Turkish authorities which allows monitoring 350 km of the western border. Edirne Governor reported irregular crossings through the land border between Greece and Türkiye have decreased by more than 95%, and Turkish authorities stopped 1,452 irregular migrants trying to cross[30]. Since the improvement of the relationship and cooperation between Greece and Türkiye, mobile immigration points have been located in Edirne, and police control at the entrances and exits of the city has increased. The crossing attempts in Edirne are lower than the attempts to cross the sea.

The Bulgarian-Turkish border has seen a growing number of pushbacks and violence against migrants in the 2023[31]. From January to the end of October, the Bulgarian Border Police reported the prevention of 170,000 border crossings on the Bulgarian-Turkish border[32]. There are also incidents of chain puhbacks from Greece to Bulgaria and from Bulgaria to Türkiye[33].

As in previous years, the main route of crossing has been to Greek islands, there was also another route to Italy. There have been reports of pushback in Aegean from Greece to Türkiye for several years. 11,715 migrants were pushed back off the coast of western İzmir province, which has a meandering coast stretching over 460 kilometers and close to the Greek islands[34]. İzmir was followed by other western provinces, Muğla, Çanakkale, Aydın and Balıkesir.

20 people died while crossing from the Turkish coast, and 11 went missing in the Aegean Sea[35]. According to the Aegean Boat Report, in the Aegean Sea, 904 pushback incidents were recorded in 2023, involving 25,855 women, men, and children attempting to reach in Europe[36], corresponding to a slight decrease from the last year, which may be attributed in part to the improvement of relations between the two countries. While there was an increase in the number of crossing incidents and of people trying to cross, a decrease in the number of deaths and pushback incidents was noted. According to the announced figures, the number of irregular migration cases were 1,607 in 2022 and 1,879 in 2023. The number of migrants who were rescued while attempting to cross and pushed back into Turkish territorial waters was 49,312 in 2022, and 56,289 in 2023[37]. The trend regarding the multiple crossing attempts continues in 2023.

According to Turkish Coast Guard[38], in the first eight months of 2023, there were 751 irregular migration incidents, and 78 organisers apprehended. According to joint data from the Coast Guard, Gendarmerie, and Police, in the first eight months of the year, there were 66 irregular migration incidents, 1,736 irregular migrants, and 82 organisers caught. With the amendment made to Article 79, paragraph 1 of the Turkish Penal Code in 2023, the minimum penalty for the crime has been increased from 3 years to 5 years imprisonment. It is noted that while the minimum prison sentence has been increased, there has been no changes regarding the fines.

Compared the previous years, more families, with children were trying to cross via sea. It is worrying that the number of people who have been registered in Türkiye, and lived there for longer periods increased among the people who attempted to cross to Europe in 2023[39]. This means that these people will lose their rights to access education, healthcare, employment and others, as a consequence more children will be out of school and an increasing number of people will find themselves inprecarious situations in Türkiye. Predicted reasons can be listed as, earthquakes, deepening economic crisis with a high inflation rate, discourses used in the election campaign on “sending migrants back” increased anti-refugee sentiments, and problems on accessing housing[40]. Concerns have been raised about the possible negative impact of the EU Pact on migration and asylum on asylum seekers attempting the crossing, as it is started to be heard that EU policies will be getting more restricted[41]. The top nationalities among the migrants attempting to cross the Aegean are Afghans, Syrians, and Palestinians. In 2023, there were increases in the numbers of Congolese and Yemenis, in 2024 Sudanese people are also using this route[42]. There are also unaccompanied minors among those who are rescued at sea, mainly Syrian, Afghan, and Egyptian, there are cases when they are registered as adults[43] the number of crossing attempts increased following the general election. After settling of the mobile migration points in the main crossing cities, the numbers decreased. For instance, in İzmir, mobile migration points were introduced in October 2023, and there is mobile migration vehicle moving through the main crossing points by the coast[44].

The Ombudsman Institution in Ankara has monitored the pushbacks in İzmir, Aydın, and Van and published a report in June 2022.[45] On 2 February 2022, it was reported that 19 refugees and migrants who were forced back in the winter cold after being stripped of their clothing and subjected to violence froze to death while returning to Türkiye. The Ombudsman had examined thousands of cases, statements, official documents and records, medical reports, and video recordings related to pushbacks. 50 distinct cases of pushback practices by Greek officials against refugees such as “extortion through confiscation of cash, phones, ID cards, passports and belongings”, “not meeting basic nutritional needs such as food and water”, “not allowing refugees to use the toilet”, “disposing or burning their clothes and shoes” and “intimidation with guns” and migrants had been identified, including systematic intimidation to ensure that migrants will not return.

The Facility for Refugees in Turkey previously has funded a project under the first tranche for a total of EUR 80 million to strengthen the capacity of the Turkish Coast Guard to carry out search and rescue operations[46].

 

Access at the airport

Airports in İstanbul (Sabiha Gökçen and İstanbul) continue to serve as a key international hub for connection flights from refugee-producing regions to European and other Western destinations for asylum. The main airport is now the new İstanbul Airport. It should be noted that visa restrictions have applied to Syrian nationals arriving from third countries by air and sea since 2016. Türkiye’s open-door policy ended with the signature of the EU-Türkiye Statement in 2016 and since then very few applications have been accepted at the borders.

According to the legal framework, the conditions for foreigners who are not allowed to enter Türkiye should not be interpreted or applied in a way that prevents them from applying for international protection. However, it is very difficult to apply for international protection at airports, and individuals are often unable to submit their applications. Similarly, to previous years, in 2023, it continues to be difficult to apply for asylum at the airport. The conditions worsened in transit zones, especially at the İstanbul Airport. In airport transit zones, for example, it is legally impossible to file for a suspension of deportation order, and the only way to do so is to obtain an interim measure, which the Constitutional Court made clear it would no longer grant.

The common practice appears to be either explicitly or implicitly rejecting applications by not processing them. Finding a contact person to apply for international protection and receiving a response is particularly challenging at the airport. Even if lawyers manage to submit a file, receiving a response is unlikely. This issue remains one of the blind spots. When it is not possible to reach immigration authorities, files are not processed, effectively blocking the right to petition.

When a person was obliged to give their signature regularly as part of the reporting process, there were sometimes problems and they had to go to another city because applications were closed in İstanbul. In certain cases, when a person wanted to go to another city to apply for international protection, the application was not accepted because the person was obliged to periodically give their signature in İstanbul.

In the case of a Russian family, they were able to enter Türkiye at the Antalya airport, but they received no response about their residence permit application, so they continued to renew their applications by paying at least 1,000 TRY per individual.[47] A Syrian was returned to Lebanon at Sabiha Gokcen Airport based on the issuance of an entry code. However, as he had never entered Türkiye before, his lawyer challenged the decision.[48] In one case, the person stayed in the transit area for 7-8 months, an international protection application was received but ultimately rejected. The meetings with lawyers take place in a publicly accessible space, without any attorney-client privacy[49].

The Constitutional Court of Türkiye unanimously rejected the claim of a Cameroonian applicant, who was held in the inadmissible passenger waiting area at Istanbul Airport for about seven months after attempting to enter the country with a fake passport, that his right to liberty and security under Article 19 of the Constitution was violated. The rejection was based on the grounds that legal remedies had not been exhausted. The decision, published in the Official Gazette on February 1, 2023,[50] highlights that such detentions in airport transit zones are not considered administrative detention by authorities, as the foreigner can theoretically return to their home or a third country at any time. Consequently, no administrative detention orders are issued, and applications to review the legality of such detentions are often dismissed by judges for this reason.

The airline company which brought the protection seeker to the country covers the food and beverage expenses of that person and meets some basic needs. One stakeholder described the conditions saying people were kept in a place with no windows, no ventilation, with the lights were on 24 hours for nine months, and only cold airline sandwiches given to eat.[51]

After the application is submitted to PMM, the procedure is managed by the PDMM. According to law, they have to be accepted into the country once the application is received. In İstanbul Airport, people who have applied for international protection can stay for months in rooms provided at the airport. Those whose applications are rejected file a lawsuit against the refusal decision before the administrative court and should remain in the room until the case is concluded. This makes it almost impossible to apply. According to law, an international protection application cannot be made through a proxy. This application cannot be made at the airport due to the physical limitations of that area as it is very difficult to access. If the applicant needs to apply to the court after receiving a decision, a lawyer can meet with that person at the border at the airport.

In 2023, stakeholders confirmed that it has been still difficult to obtain permission from the airport administration for a private interview with clients. Even when a lawyer manages to meet the client, it is almost impossible to submit an international protection application at the airport.[52] Accessibility to transit zones at İstanbul airport remains a problem. Even if the person contacts an NGO or a lawyer, the transit zone administrator does not frequently inform lawyers and NGOs accurately.[53] To meet with migrants, lawyers are not allowed to enter the transit zone and are even some cases advised to buy a ticket to gain access to the area. There is a window in the middle of the meeting place, where passport control occurs, and lawyers can only meet with their clients while standing in a publicly accessible space, without any attorney-client privacy. Although meeting places were planned, the meetings have been made difficult for security reasons[54].

If the person arrives  with a fake passport, they are taken to a room called ‘problematic passengers’ room. Communication with PDMMs about asylum requests is not quick. This systemic issue can lead to the extended stay of such persons in the transit zone or problematic passenger room.[55]

The report prepared by the Turkish Human Rights and Equality Institution (TİHEK)[56] in 2023, based on their unannounced visits to the Izmir Adnan Menderes Airport Transit Center, indicates overall positive improvements in the conditions at the center in the transit area. Passengers who are denied entry to Türkiye for reasons such as lack of valid travel documents, entry bans, or expired passports are directed to the Airport Working Group Directorate. Here, they are informed of the reasons for their denial and their legal rights and obligations, fingerprinted, and have their identity, country of origin, and airline recorded. Denied passengers undergo searches, with their belongings documented and stored securely. Searches are conducted by security personnel of the same gender. The waiting area includes three rooms: one for staff and two for passengers, separated by gender. Additional beds can be requested during busy periods, though the center typically holds no more than six passengers at a time. Unaccompanied minors are kept with family members or accompanying passengers, and denied passengers are usually quickly sent back to their country of origin or a third country they agree to.

In 2022 notary fees remained very high for refugees, costing 2500-3500 TRY at the airport (on average 100-150 EUR although exchange rates varied significantly in 2022 and 2023). Interpreting also costs 800 TRY (on average 40 EUR). The notary requires an interpreter even if the client knows Turkish.[57]

 

 

 

[1] PMM, Irregular migration statistics, available here.

[2] Hürriyet, İçişleri Bakanı Yerlikaya açıkladı: Önlemler işe yaradı, artık yeni göç rotası arıyorlar, 13.10.2023, available here.

[3] PMM, 20.05.2023, available here.

[4] Yıldız, A., & Turhan, E. (2022). Entegre sınır yönetimi ve Frontex ile ilişkiler bağlamında Türkiye’nin farklılaştırılmış entegrasyonu. AB ile harici İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi Türkiye’nin Göç Siyaseti Özel Sayısı, 21 (Özel Sayı), 211-231. doi: 10.46928/iticusbe.1110418

[5] Information provided by a stakeholder, March 2024.

[6] Information provided by a stakeholder, April 2024.

[7] TRT, ‘Wall set to improve security along Türkiye-Iranian border’, 8 November 2018, available here

[8] PMM, December 2023, İçişleri Bakanı Ali Yerlikaya: “Düzensiz Göçmenlere ve Göçmen Kaçakçılığı Organizatörlerine Asla Geçit Vermiyoruz”, available here.

[9] Information provided by stakeholder, March – April 2024

[10] Information provided by stakeholder, March – April 2024

[11] Information provided by stakeholder, March – April 2024.

[12] See e.g. Afghanistan Analysts Network, ‘Mass Deportations of Afghans from Türkiye: Thousands of migrants sent back in a deportation drive’, 21 June 2018, available here.

[13] Information provided by stakeholder, March – April 2024.

[14] Information provided by a stakeholder in March 2019.

[15] Information from a stakeholder, March 2024.

[16] Information from a stakeholder, May 2023.

[17] Information provided by stakeholders, March 2024.

[18] Information provided by stakeholders, March 2024.

[19] Information provided by a stakeholder, March 2024.

[20] Information provided by stakeholders, March – April 2024.

[21] Information provided by stakeholders, March 2024.       

[22] GAR Report No. 9, Actors and Mechanisms of (Non-)Reception of the Afghans in Turkey, October 2023, available here.

[23] Information from a stakeholder, March 2024.

[24] Van Barosu Faaliyet Raporu 2023, available here.

[25] Van Barosu Göç ve İltica Komisyonu (@Vaniltica) / X (twitter.com) Van ili sınır bölgesinde yaşanan donma olayları ve hak ihlallerıe ilişkin basın açıklaması.

[26] Information provided by a stakeholder, March 2024.

[27] Ibid.

[28] Euronews, ‘Yunanistan, göçmen akınına karşı Türkiye sınırındaki çitleri 140 km daha uzatma kararı aldı’,6 June 2022, available in Turkish here

[29] Info Migrants, 23.01.2023, Greece expands border fence with Turkey and urges EU support – InfoMigrants.

[30] Daily Sabah, 18.02.2024, Türkiye’s main land border sees drop in migrants heading to Europe | Daily Sabah.

[31] Info Migrants, 21.08.2023, Bulgaria migrant pushbacks: What’s behind the rise in violence at the Bulgarian-Turkish border? (1/4) – InfoMigrants.

[32] 11.11.11. Illegality Without Borders Pushback Report 2023, February 2024, available here.

[33] Information provided by a stakeholder, March 2024.

[34] Daily Sabah, 18.02.2024, Türkiye’s main land border sees drop in migrants heading to Europe | Daily Sabah

[35] Ibid.

[36] Annual report for 2023 from Aegean Boat Report, available here.

[37] IHA, 30.12.2023, 2023’te bin 879 düzensiz göç olayı yaşandı, available here.

[38] Sahil Güvenlik Dergisi Ekim Sayısı, October 2023, available here.

[39] Information provided by stakeholders, March – April 2024.

[40] Information provided by stakeholders, March – April 2024.

[41] Information provided by stakeholders, March – April 2024.

[42] Information provided by a stakeholder, March 2024.

[43] Information provided by a stakeholder, Macrh 2024.

[44] Information provided by stakeholders, March – April 2024.

[45] Republic of Türkiye The Ombudsman Institution, ‘“Pushbacks” on Human Rights”, June 2022, available here.

[46] EC, Seventh Annual Report of the Facility for Refugees in Turkey, COM(2023) 543 final, 22 September 2023, Brussels.

[47] Information provided by a stakeholder, May 2023.

[48] Information provided by a stakeholder, May 2023.

[49] Information provided by a stakeholder, March 2024.

[50] T.C. Resmî Gazete, 01.02.2023, https://www.resmigazete.gov.tr/01.02.2023.

[51] Information provided by a stakeholder, May 2023.

[52] Information from a stakeholder, May 2023.

[53] Information provided by a stakeholder, April 2023.

[54] Information provided by a stakeholder, March 2024.

[55] Information from a stakeholder, May 2023.

[56] Turkish Human Rights and Equality Institution Reports, 2023, available here.

[57] Information provided by a stakeholder, May 2023.

Table of contents

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