2010 ilerleme raporu - Avrupa Birliği Bakanlığı

e given an opportunity to contact the UNHCR at their request; access to legal counsel is
given provided that illegal migrants cover the costs themselves.
Foreigners who are irregular migrants and victims of trafficking may benefit from free health
services since the directorate general for social solidarity and assistance in the Prime
Minister’s Office issued a circular in May 2009 to the Social Solidarity and Assistance
Foundation. Furthermore, the task force for asylum and migration is preparing a
comprehensive revision of the law on foreigners, in close consultation with the IOM and the
UNHCR.
The full implementation of the newly established circulars, and the rapid adoption of this
legislation under preparation, is a key priority in view in particular to establish fair procedures
for the detention and removal of irregular migrants, and to enhance their reception conditions.
This is also very important to address the judgment issued by the European Court of Human
Rights (ECtHR) in particular on the following two cases related to Turkey : the judgement in
Abdolkhani and Karimnia v Turkey and Z.N.S. v Turkey, where the Court found that the
detention and deportation of irregular migrants to their country of origin, due to the absence
of clear provisions for ordering and extending detention, the lack of notification of the reasons
for detention and the absence of any judicial remedy to the decision on detention were in
breach of the European Convention on Human Rights; and to the judgment in Charahili v
Turkey, where the Court concluded that the applicant’s conditions of detention amounted to a
violation of Article 3 of the European Convention on Human Rights, prohibiting torture.
Consultation of civil society, international organisations and academia is also crucial. Turkey
needs also to draw on the expertise in joint cooperation projects ongoing in this field provided
particularly by the EU. Work is also being done in view of enhancing the administrative
capacities of Turkey to prevent irregular migration and deal with its consequences. A
coordination board for combating illegal migration was established in February 2010 to
identify measures to fight irregular migration, strengthen inter-institutional cooperation and
coordination and monitor operational activity. The board is chaired by the Deputy
Undersecretary of the Ministry of the Interior and meets every two months. Members are the
Chief of General Staff, the Land Forces, the Ministry of Foreign Affairs, the TNP, the
Gendarmerie General Command and the Coast Guards.
The General Directorate for Security issued a circular in September 2010 which provides that
each illegal migrant apprehended will be accommodated in a removal centre with the written
permission of the Governor. The circular also introduces a standard notification that makes
clear that all costs during the stay in a removal centre will be borne by the state. The right to
contact a lawyer is also made clear. Additionally the notification explicitly states the right to
appeal against the decision of deportation and the administrative custody.
Efforts to increase the capacity to host irregular migrants in accordance with international
standards, pending the completion of their removal procedures, continue: while, as of August
2010, the current hosting capacity stands at 2,875; the construction/refurbishment/equipment
through national funds of four removal centres (Bitlis, Van, Aydın and Edirne), with a
capacity of 650 persons each, is ongoing. In addition, the establishment through EU-financed
projects of two additional removal centres in Ankara and Erzurum, with a capacity of 750
persons each, is under preparation.
Awareness raising among administrators, governors, district governors, municipalities and the
public at large on the rights of irregular migrants and procedures involved in migration
management is a key issue to be addressed through concrete measures.
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