Asylum Seeker Detention in Turkey: Article 68 Rules

Many foreigners held in removal centres in Turkey apply for international protection (asylum) after they have been brought in. This guide explains how an asylum application affects administrative detention, the separate regime set out in Article 68 of the YUKK, and how to use that regime in the appeal against an administrative detention order.

Two Detention Regimes in Turkey: YUKK Article 57 vs Article 68

Law No. 6458 on Foreigners and International Protection (6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu, YUKK) sets up two separate types of administrative detention (idari gözetim). The two must not be confused.

1. Article 57 of the YUKK covers holding a foreigner who has a deportation order until the deportation is carried out. It rests on five grounds and lasts up to six months, which can be extended by another six months. We explained this regime in our article on what an administrative detention order is.
2. Article 68 of the YUKK applies to people who have applied for international protection. Paragraph 2 of the article opens with the sentence "the administrative detention of applicants is an exceptional measure". An applicant can be detained in only four situations:

• to establish their identity or nationality where there is serious doubt about the information given
• to prevent them from entering the country unlawfully at a border gate
• where the elements of their application could not be determined unless they are detained
• where they pose a serious danger to public order or public security.

The grounds are not the only difference. Under Article 68, the authorities must assess separately for each person whether detention is necessary. They must first consider the lighter obligations in Article 71, such as a duty to live in a specific province or to report. Detention is used only if these are not enough. Most importantly, this type of detention cannot exceed thirty days, and it must end immediately once its conditions no longer apply.

Comparison table:

Can You Apply for Asylum from a Removal Centre in Turkey?

Yes. You can apply for international protection to the governorship (valilik, the provincial governor's office) where you are, including while you are held in a removal centre (geri gönderme merkezi). The centre's management must accept and register the application. Keep proof of the date you applied. Do not rely on a verbal statement: submit a written application and keep the receipt.

Applications made in a removal centre go through the accelerated procedure under Article 79 of the Law, with short deadlines for the interview and the decision. So the application needs to be prepared carefully. At the first interview, the applicant should be ready to explain the danger they face in the country they would be returned to, and should bring their documents and any witness details. Accounts completed later damage credibility.

Does Applying for Asylum Get You Released Automatically?

No. This is the most common misconception in removal centres. Applying does not get you released automatically. The Law expressly provides for applications made while a person is under administrative detention for deportation and places them in the accelerated procedure: the applicant is interviewed within three days at the latest, and the application is decided within five days of the interview at the latest (Article 79/1-ç, 79/2).

Whether detention may continue under the Article 57 order after the application is not expressly settled in the Law. In the appeal to the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace), two arguments can be raised together: that an applicant's detention is subject to the exceptional grounds and the thirty-day limit in Article 68 (Article 68/2, 68/5), and that, because an applicant is allowed to stay in the country until the objection and court proceedings end, the purpose of detention for deportation is weakened (Article 80/1-e). The second argument has a limit, however: where the applicant is assessed as linked to a terrorist organisation or as a threat to public order, public security or public health, a deportation decision may be taken at any stage of the international protection procedure (Article 54/2). For how the procedural lawfulness of an order is reviewed, see our article on a procedurally lawful administrative detention order.

Non-Refoulement: How an Asylum Claim Stops Deportation

Article 4 of the Law provides that no one may be sent to a place where they would face torture or inhuman or degrading punishment or treatment, or where their life or freedom would be threatened because of their race, religion, nationality, membership of a particular social group or political opinion. This principle is the foundation of an international protection application, and it stops the deportation process.

The Anayasa Mahkemesi (Constitutional Court) also protects this principle through interim measures: under Article 73 of its Internal Regulations (İçtüzük), it may order a deportation to be stopped where there is a serious danger to the applicant's fundamental rights, in particular to their life or their physical or mental integrity. In the case related to a decision of the İstanbul 6. Sulh Ceza Hâkimliği (İstanbul 6th Criminal Judgeship of Peace), the Court ordered that the applicants' deportation to Dagestan must not actually be carried out (Constitutional Court, App. No. 2015/2037, 06.01.2016). By contrast, where an applicant described the general war situation in their country but gave no concrete explanation or documents about their own situation, the Court concluded that the applicant had "not fulfilled the obligation to explain their personal situation" (Constitutional Court, App. No. 2020/13340, 19.01.2022). So a non-refoulement claim must also be backed by documents. Important evidence includes reports on the country the person would be deported to, documents showing a personal threat, and witness statements.

You also need to understand how interim measures relate to detention. An interim measure stops the deportation, but it does not get the person out of the centre. However, once deportation has been stopped, the justification for detention for deportation becomes weaker, and this is a strong argument in the appeal to the Criminal Judgeship of Peace. See: İstanbul 2. Sulh Ceza Hâkimliği (İstanbul 2nd Criminal Judgeship of Peace) decision lifting detention.

How to Challenge Asylum Seeker Detention Under Article 68

Under paragraph 7 of Article 68 of the YUKK, detention under Article 68 is challenged the same way as detention under Article 57. The applicant, their legal representative or their lawyer should apply to the Criminal Judgeship of Peace to challenge the Article 68 detention order. Filing the appeal does not suspend the detention. The judgeship decides within five days, and its decision is final. A new application can be made when circumstances change. The petition can also be handed to the removal centre's management.

The points to stress in the petition are different from those in Article 57 cases. The petition should address which of the four Article 68 grounds the order relies on, and whether that ground actually exists in the specific case. It should also address whether the order explains why the lighter Article 71 obligations were considered insufficient, and whether the thirty-day detention period has run out. If the person is held to establish their identity, it should address whether their identity has already been established. Once the foreigner's identity is established, that ground falls away and the law requires detention to end immediately. For the general structure of the petition, see our sample appeal petition; for what comes after a rejection, see what happens if the appeal is rejected.

What If Deportation Is Practically Impossible?

Even if the international protection application has been rejected and the decision is final, detention cannot go on indefinitely if the deportation cannot actually be carried out. Some people are held for months because their country of origin will not accept them, no travel document is issued, or there are no flights. For such cases, the Constitutional Court has stated that if deportation procedures are not carried out with "due diligence", the deprivation of liberty can no longer be regarded as lawful or legitimate (Constitutional Court, App. No. 2014/13044, 11.11.2015). For the rules on time limits, see our article on the administrative detention period.

Death Penalty Risk: Subsidiary Protection in Turkey

A person who does not qualify as a refugee or conditional refugee, but who, if returned to their country of origin or residence, would be sentenced to death or face execution, would be subjected to torture or inhuman treatment, or would face a serious personal threat from indiscriminate violence in a situation of armed conflict, is granted subsidiary protection (ikincil koruma) status after the status determination procedure (YUKK Article 63/1). The status is assessed according to the person's own risk, not their nationality. A death sentence against the person, court documents or the personal threat must therefore be documented concretely, and the application should be made without delay.

Asylum in Turkey for Afghan Nationals

For Afghan applicants, too, the assessment is personal. Documents showing a personal threat, such as a death sentence, torture order or prison sentence issued against the person by the Taliban, form the basis of the application; describing the general situation in the country may not be enough on its own (see Constitutional Court, App. No. 2020/13340, 19.01.2022).

Syrians Under Temporary Protection (Geçici Koruma)

Temporary protection (geçici koruma), which applies to Syrian nationals, is a separate status from an international protection application. It is governed by the Geçici Koruma Yönetmeliği (Temporary Protection Regulation). When a person with a temporary protection ID is taken to a removal centre, the reason is often that they were caught outside the province where they are registered, or that their registration was cancelled. The first step in these cases is to find out the status of the temporary protection registration and, if it was cancelled, whether the cancellation decision was served on the person. The detention appeal to the Criminal Judgeship of Peace and the lawsuit against the cancellation decision are planned together.

Vulnerable Applicants: Children, Pregnant Women and Victims of Violence

Unaccompanied children, disabled and elderly people, pregnant women, single mothers or fathers with children, and applicants who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence are treated by the Law as persons with special needs (Article 3/1-l). They are given priority in international protection procedures (Article 67/1), and this should also be raised when the proportionality of detention is discussed. For details, see pregnant, sick and accompanied-by-children foreigners in detention.

Legal Sources

Law No. 6458 on Foreigners and International Protection (6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu) Art. 3, 4, 54, 57, 63, 65, 67, 68, 71, 79, 80; Geçici Koruma Yönetmeliği (Temporary Protection Regulation); Constitution (Anayasa) Art. 19; Internal Regulations of the Constitutional Court (Anayasa Mahkemesi İçtüzüğü) Art. 73; Constitutional Court App. No. 2015/2037 (06.01.2016); 2014/13044 (11.11.2015); 2020/13340 (19.01.2022); 2016/35009 (02.05.2019).