Abstract:

Keeping under administrative detention of foreigners who have been given a deportation decision is an accepted practice in international and Turkish law. Administrative detention can be defined as keeping the foreigners who are decided to be deported for reasons specified in the Foreigners and International Protection Law (FIPL) in the detention areas until their procedures are completed. Even though it has a legal basis in Turkish law before the FIPL entered into force, the administrative detention procedure applied gained legal basis after the FIPL entered into force. In this Law, the reasons for the administrative detention, the supervision of the administrative detention process and the notification to the parties, the legal remedy against administrative detention are regulated in detail. It is necessary to examine whether the new Law is functional or not by examining how these regulations brought together with the FIPL are implemented in practice and the course of implementation within the framework of the decisions of the European Court of Human Rights and the Constitutional Court.

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