Administrative detention in Turkey: Legal regime and practice

Administrative detention is closely related to international mechanisms such as asylum, deportation, international protection, and resembles state actions such as detention, security measures as well as administrative sanctions. Despite its somewhat limited and long-standing existence in international law, this particular mechanism has first been incorporated into Turkish legal system with the adoption of the Code of Foreigners and International Protection in 2014. The Code not only codifies admisinistrative detention but also legally defines the causes of such oversight and sets foth its duration while laying down in great detail the appeals procedure and the rights of foreign individuals who are subjected to this action. In addition, various institutions which are closely related to administrative oversight are used as control mechanisms in practice. When the functionality of the system is considered in light of relevant international court decisions, it is possible to conclude that administrative oversight has become a more efficient mechanism even though its application is still open to criticism.