Conditions in detention facilities

Türkiye

Country Report: Conditions in detention facilities Last updated: 20/08/24

Author

Independent

All Removal Centres in Türkiye are under the authority of PMM and each centre is managed by a director.[1] The LFIP makes no explicit provision on conditions of detention of applicants for international protection. However, Article 4 of the Removal Centres Regulation provides that “The establishment, operation and operation of the Centres and the fulfilment of the services to be provided under this Regulation shall be carried out according to the following principles and procedures:

  1. Protection of the right to life;
  2. Human-centred approach;
  3. Observing the best interests of the unaccompanied child;
  4. Priority to applicants having special needs;
  5. Confidentiality of personal information;
  6. Informing the persons concerned about the operations to be performed;
  7. Social and psychological strengthening of the housing;
  8. Respect for the freedom of beliefs and worship of the people
  9. Providing services to the residents without discrimination based on language, race, colour, sex, political thought, philosophical belief, religion, sect and similar reasons.”

Removal Centres are required to provide among others: accommodation and food; security; emergency and basic health care services; psychological and social support.[2]

In 2017, in line with the monitoring provisions of the Regulation,[3] PMM instructed all the mayoralties managing a Removal Centre to set up dedicated Migration Commissions comprising of experts, academics, civil society, officials from health and education institutions and municipality representatives, tasked with regular visits to the centres. The composition of the commission depends entirely on each mayoralty. Generally, Türk Kızılay is present in these commissions.[4] There is insufficient information regarding 2023 – with the exception of conventional media news – to determine whether these commissions are active.[5]

 

Material conditions in detention

Conditions in Removal Centres vary from one facility to another. Lack of capacity in terms of staff and spaces are the most mentioned common problem regarding the conditions in the centres[6]. As a result of holding more people than their capacities, there are problems with access to water, and hygiene. The common implementation in most of the centres to access open air is around one hour after each three meals, there was information that the Kocaeli centre was not providing this access[7]. Detainees are not being able to complain when they are exposed to rights violations, which causes a lack of information regarding the conditions in the centre. On the other hand, accessing information regarding their rights is also challenging[8]. Many centres lack recreation or outdoor play areas, and children sometimes do not even have their own beds and despite the explicit requirements of Article 59/ç of the LFIP, educational opportunities are insufficient in every detention center[9].

According to TIHEK report on Tuzla removal centre, there are some hygiene issues, with scabies cases reported in summer due to non-compliance with hygiene rules, and lack of enough personnel. For instance, the Psycho-Social Service Unit staff reported that they meet each foreigner within 48 hours, but the meetings are unproductive five-minute meetings. Accessing phones is problematic, as their phones are being confiscated and stored, hindering their communication as they cannot recall phone numbers. Transgender women face some bad treatment by gendarmeries in the centres, are being put in the same place as men and are facing problems accessing hormone drugs. In 2023 there was a case where an Afghan transgender woman was subjected to physical violence, and her basic needs were not provided. The challenges mentioned for Tuzla are common in other centres, for instance, in Istanbul, Izmir, and Ankara[10].

Selimpaşa Removal Centre works over capacity. There are several problems regarding lack of hygiene, cleaning done by the woman foreigners who stayed there[11], without providing sufficient cleaning materials, sheets are not renewed, and there is a serious tick outbreak[12]. In Binkılıç, there have been difficulties in reaching out to the migrants. In Pehlivanköy, especially during summer, there were various epidemic diseases, scabies, and skin diseases, due to the difficulties in cleaning and access to water. Şanlıurfa removal centre was affected by the flood disaster in March. In Erzurum, similar problems were observed regarding hygiene problems, not being able to access water, and lack of information on their rights and processes. In Van, due to both the lack of personnel and the instructions, 12 people are being accommodated in rooms of 8, and sometimes the gym is opened to accommodate detainees. Since more than twice the capacity is accommodated, there is often a shortage of food and difficulty in serving meals. During the summer months, there is a water shortage and access to clothing is a problem. Iğdır is a container center with poor physical conditions, that can become extremely hot in the summer and very cold in the winter[13].

The Çanakkale Medical Chamber, Human Rights Association (IHD), Education and Science Workers’ Union (Eğitim-Sen), and Health and Social Service Workers’ Union (SES) Çanakkale branches released the “March 2023-March 2024 Migrant Commission Observation Report” on Ayvacık Removal Centre[14]. The report highlights severe human rights violations, including allegations of rape, poor hygiene, and bribery. Detainees reported being subjected to hate speech, inadequate food, and insufficient health services. The report recommends opening GGMs to independent inspections, improving living conditions, ensuring adequate nutrition and clean water, providing individual health services with interpreters, and establishing legal measures to address allegations of abuse. Urgent action is called for from relevant ministries and organizations to address these issues. In addition, BVMN present some testimonies of detainees stressing the “circle of lawlessness, arbitrariness and fear”, and highlighting the challenges to access medicine and hygiene items[15].

In the Mehmet Hankuş case application (B.N. 2019/24153, K.T. January 12, 2023)[16], the Constitutional Court unanimously ruled that the prohibition of ill-treatment was procedurally violated due to the lack of an effective investigation into the alleged ill-treatment the applicant claimed to have suffered while held at a removal center. Mehmet Hankuş, the Syrian applicant, was assaulted while held at the Antalya Removal Center, did not receive an investigation capable of uncovering all the facts and identifying any responsible parties, thus violating the procedural aspect of the prohibition of ill-treatment guaranteed under Article 17, paragraph 3 of the Constitution. The applicant, subjected to deportation and administrative detention due to ongoing criminal proceedings, claimed to have been assaulted by staff on different occasions. Despite a complaint by the Antalya Bar Association, the subsequent investigation concluded with no prosecution within a few months. Due to technical limitations, security camera footage from the incident could not be retrieved. An appeal to the Istanbul 2nd Criminal Court of Peace also yielded no positive outcome. It was noted that the applicant voluntarily left Türkiye on September 20, 2018, while the investigation was ongoing.

Hasan Mohammed, a 28-year-old Syrian, died in Ankara‘s Akyurt Removal Center, where he had been held for a week. Mohammed’s family stated that the Removal Center did not make a statement about Mohammed’s death, and that there were traces of beatings on his body[17]. The press release[18] of PMM on this allegation mentioned that Hasan Mohammad, fell ill on 01.01.2024 and was immediately transferred to the City Hospital after the necessary intervention of the health units in the centre. He was directed to the intensive care unit and died in the hospital while under treatment. An investigation has been initiated by the Directorate of Migration Management. In 2023, the hearing regarding the torture of two refugees in 2021 at İzmir Harmandalı GGM resulted in no prosecution[19].

See the previous updates of the AIDA country report for past observations of detention conditions in different centres in Turkiye.

Staff, health care and special needs

Detainees shall be provided “urgent and basic health care services which cannot be afforded by the person concerned”.[20] Access to psychosocial support services is also possible.[21] Psychosocial support teams try to identify vulnerabilities in the centres and refer individuals for PMM, but capacity issues present challenges[22]. When health problems require more than basic care, there may be delays in referring patients to hospitals, such as for patients with cancer. Additionally, it is difficult to provide special diets for detainees with specific health conditions[23]. The staff at the centres received training on first aid, crisis management, secondary trauma, and infectious diseases under an IOM project[24]. Due to the frequent turnover of staff, the sustainability and long-term positive effects of such projects are not clear.

Through a joint project of UNHCR and IOM, trainings were organised for the staff aimed at strengthening basic human rights standards, access to legal aid, asylum applications, identification of individuals with special needs, and other mechanisms, rights, and services[25].

See the previous updates of the AIDA country report for more information on the general conditions about staff, health care and special needs in removal centres.

 

 

 

[1] Article 11 Removal Centres Regulation.

[2] Article 14(1) Removal Centres Regulation.

[3] Article 16 Removal Centres Regulation.

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

[5] PMM, ‘On Üçüncü Göç Kurulu Toplantısı İçişleri Bakanımız Süleyman SOYLU Başkanlığında Gerçekleştirildi’, 20 October 2022, available in Turkish here

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

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

[8] Information provided by a stakeholder, March – April 2024

[9] Global Detention Project and International Refugee Rights Association, Türkiye Joint Submission to the UN Committee on the Rights of the Child 93rd Session, 8 – 26 May 2023, 14 April 2023

[10] Information from stakeholders, March 2024.

[11] Information provided by stakeholder, March 2024.

[12] Arti Gercek, What happens in the removal centres?, 8 September 2023. Available in Turkish here

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

[14] Gazete Duvar, Geri Gönderme Merkezi’nde işkence ve istismar iddiaları: Rapor hazırlandı, April 2024, available here

[15] BVMN, Illegal Pushbacks and Border Violence report, February 2024, available here

[16] TC Anayasaya Mahkemesi (Başvuru Numarası: 2019/24153), 12 January 2023, available here

[17] Evrensel, “Refugee Mohammed’s family suspects torture: GGM finds dead”, 3 January 2024, available in Turkish here

[18] PMM, Akyurt geri gonderme merkezinde idari gozetim altinda bulunan bir yabancinin hayatini kaybetmesiyle ilgili iddialar hakkinda basin aciklamasi, 4 January 2024, available in Turkish here

[19] Yeni yasam, GGM’de işkenceye takipsizlik, 25 November 2023, available in Turkish here

[20] Article 14(1) Removal Centres Regulation.

[21] Article 14(2) Removal Centres Regulation.

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

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

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

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

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