2010 ilerleme raporu - Avrupa Birliği Bakanlığı

e given an opportunity to contact the UNHCR at their request; access to legal counsel isgiven provided that illegal migrants cover the costs themselves.Foreigners who are irregular migrants and victims of trafficking may benefit from free healthservices since the directorate general for social solidarity and assistance in the PrimeMinister’s Office issued a circular in May 2009 to the Social Solidarity and AssistanceFoundation. Furthermore, the task force for asylum and migration is preparing acomprehensive revision of the law on foreigners, in close consultation with the IOM and theUNHCR.The full implementation of the newly established circulars, and the rapid adoption of thislegislation under preparation, is a key priority in view in particular to establish fair proceduresfor 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 HumanRights (ECtHR) in particular on the following two cases related to Turkey : the judgement inAbdolkhani and Karimnia v Turkey and Z.N.S. v Turkey, where the Court found that thedetention and deportation of irregular migrants to their country of origin, due to the absenceof clear provisions for ordering and extending detention, the lack of notification of the reasonsfor detention and the absence of any judicial remedy to the decision on detention were inbreach of the European Convention on Human Rights; and to the judgment in Charahili vTurkey, where the Court concluded that the applicant’s conditions of detention amounted to aviolation of Article 3 of the European Convention on Human Rights, prohibiting torture.Consultation of civil society, international organisations and academia is also crucial. Turkeyneeds also to draw on the expertise in joint cooperation projects ongoing in this field providedparticularly by the EU. Work is also being done in view of enhancing the administrativecapacities of Turkey to prevent irregular migration and deal with its consequences. Acoordination board for combating illegal migration was established in February 2010 toidentify measures to fight irregular migration, strengthen inter-institutional cooperation andcoordination and monitor operational activity. The board is chaired by the DeputyUndersecretary of the Ministry of the Interior and meets every two months. Members are theChief of General Staff, the Land Forces, the Ministry of Foreign Affairs, the TNP, theGendarmerie General Command and the Coast Guards.The General Directorate for Security issued a circular in September 2010 which provides thateach illegal migrant apprehended will be accommodated in a removal centre with the writtenpermission of the Governor. The circular also introduces a standard notification that makesclear that all costs during the stay in a removal centre will be borne by the state. The right tocontact a lawyer is also made clear. Additionally the notification explicitly states the right toappeal against the decision of deportation and the administrative custody.Efforts to increase the capacity to host irregular migrants in accordance with internationalstandards, pending the completion of their removal procedures, continue: while, as of August2010, the current hosting capacity stands at 2,875; the construction/refurbishment/equipmentthrough national funds of four removal centres (Bitlis, Van, Aydın and Edirne), with acapacity of 650 persons each, is ongoing. In addition, the establishment through EU-financedprojects of two additional removal centres in Ankara and Erzurum, with a capacity of 750persons each, is under preparation.Awareness raising among administrators, governors, district governors, municipalities and thepublic at large on the rights of irregular migrants and procedures involved in migrationmanagement is a key issue to be addressed through concrete measures.EN 81 EN