To get out of a removal centre in Turkey, the administrative detention decision must be challenged before the Sulh Ceza Hakimligi (Criminal Judgeship of Peace). The judge decides within five days under Article 57 of Law No. 6458. If detention is lifted, the person leaves the centre and may be placed under alternative obligations such as regular reporting, but the deportation order itself stays in force unless a separate case is filed at the Administrative Court within seven days.
Getting Out of a Removal Centre in Turkey: The Short Answer
To leave a removal centre, the first step is to establish whether an administrative detention decision (idari gözetim kararı) has been issued against the foreign national. A person held under administrative detention may apply to the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace) for that decision to be lifted. By law, the judge reviews the application within five days. Leaving the Geri Gönderme Merkezi – GGM (Removal Centre) and cancelling a deportation order are not the same procedure; a person may be released and still have a deportation order against them.
If a relative of yours is in a removal centre, the first thing to do is not simply to "file a deportation case". It must first be examined why the person is being held, which decisions have been served on them, and whether there is any concrete reason that would justify continued detention.
Which Application Actually Gets Someone Released?
The main legal route that secures the release of a foreign national held in a removal centre is an application to the Sulh Ceza Hâkimliği against the administrative detention decision.
Under Article 57 of Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu, YUKK), the foreign national, their legal representative or their lawyer may apply to the Criminal Judgeship of Peace against this decision.
The Criminal Judgeship of Peace does not examine whether the deportation order is correct; it examines whether restricting the person's liberty by holding them in a removal centre is lawful.
For this reason, the two procedures must be kept separate:
| Legal problem | Authority to apply to | Purpose |
|---|---|---|
| The person is being held in a removal centre | Sulh Ceza Hâkimliği (Criminal Judgeship of Peace) | Lifting administrative detention and leaving the centre |
| A deportation order has been issued | İdare Mahkemesi (Administrative Court) | Annulment of the deportation decision and prevention of removal |
A person leaving the removal centre does not mean that the deportation order against them disappears by itself. In the same way, filing a case only against the deportation order does not automatically end administrative detention.
Therefore, if the file contains both a deportation order and an administrative detention decision, each must be assessed separately.
What Does Being Held in a Removal Centre Mean?
Being held in a removal centre is not a criminal conviction. Administrative detention is an administrative measure applied to certain foreign nationals during the deportation process, which restricts personal liberty.
Under YUKK Article 57, an administrative detention decision may be taken in particular for foreign nationals who are assessed as presenting a risk of absconding or disappearing, who breach the rules on entry into or exit from Turkey, or who are assessed as posing certain risks in terms of public order and public security.
However, the existence of a deportation order alone does not mean that the person must necessarily be held in a removal centre for months.
The law also allows lighter measures to be applied instead of administrative detention. For this reason, in every file it must be separately assessed whether holding the person in a closed centre is genuinely necessary.
My Relative Has Been Taken to a Removal Centre: First Steps
Before the correct application can be made in a release process, the current status of the file must be established.
| What must be checked | Why it matters |
|---|---|
| Which removal centre the person is in | For visits and follow-up of the file |
| The administrative detention decision | It forms the basis of the Sulh Ceza application |
| The deportation order | It may require a separate Administrative Court case |
| Dates of service (notification) | Especially to determine the time limits in the deportation case |
| Restriction codes (tahdit kodu) | They may affect the person's legal position and the litigation strategy |
| Address and family ties in Turkey | They may show that supervision is possible outside the removal centre |
| Health and special circumstances | They may matter for the proportionality of detention |
One of the most serious mistakes is to file a general, standard petition without first seeing which decisions the person is actually facing.
The same person held in a removal centre may at the same time be subject to a deportation order, an administrative detention decision and one or more restriction codes. Each of these produces a different legal consequence.
What Does the Criminal Judgeship of Peace Look At?
The main purpose of the application to the Sulh Ceza Hâkimliği is to demonstrate that continued administrative detention is not necessary.
Simply stating in the file that "we request the release of the person" is usually not enough. The concrete living conditions of the foreign national and the factors showing that they can remain under the supervision of the administration outside the removal centre must be set out.
For example, having a known address where the person can stay regularly in Turkey, a spouse or children living in Turkey, their state of health, ongoing education or employment relationships, clear identity and passport information, and cooperation with the administrative authorities may all carry weight in the assessment.
In addition, the reasoning of the administrative detention decision must also be examined.
If the decision merely repeats the wording of the statute, or if it does not explain how grounds such as "risk of absconding" or "public order" are connected to the concrete facts in the file, this can be argued in judicial review.
The Anayasa Mahkemesi (Constitutional Court) also accepts that administrative detention constitutes a direct interference with personal liberty and that the practice must be lawful, reasoned and free from arbitrariness.
Which Documents Matter for Release?
The necessary documents differ in every file, but documents that may show that continued administrative detention is unnecessary include the following:
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The foreign national's passport and identity documents; a rental contract or residence registration documents showing a fixed address in Turkey; civil registry or marriage documents concerning a spouse and children living in Turkey; employment and company records; student certificates; medical reports and treatment documents; residence documents of relatives; and, depending on the particular file, other documents showing that the foreign national has cooperated with the administrative authorities.
What matters here is not the number of documents but submitting evidence that responds directly to the ground given for administrative detention.
For example, if the main ground of the decision is a "risk of absconding and disappearing", a fixed address and family ties may become particularly important. For a person with a health problem, the nature of the medical reports and documentation of ongoing treatment may come to the fore.
Alternatives to Administrative Detention (YUKK 57/A)
YUKK Article 57/A allows a foreign national to be supervised without necessarily being held in a closed removal centre.
The alternatives set out in the law include residing at a specified address, reporting at specified times, family-based return, return counselling, voluntary service in public interest activities, a guarantee (surety) and electronic monitoring.
These measures are not "judicial control". They must not be confused with the judicial control institution of criminal procedure.
Likewise, the Criminal Judgeship of Peace should not be thought of as the authority that directly imposes an administrative obligation such as "signing once a week" in every file. Alternatives to administrative detention are administrative measures within the framework of YUKK Article 57/A.
In the Sulh Ceza application, however, the existence of these lighter measures and the fact that holding the person in a closed centre is not necessary can be put forward as a legal argument.
How Long Can Administrative Detention Last?
Under YUKK Article 57, administrative detention applied for the purpose of deportation may as a rule not exceed six months.
However, where deportation procedures cannot be completed because the foreign national does not cooperate or does not provide correct information or documents about their country, this period may be extended by a maximum of six further months.
The statutory maximum period may therefore reach a total of twelve months under certain conditions.
This does not mean, however, that a foreign national will necessarily spend six months in a removal centre first.
Whether continued administrative detention is necessary must be reassessed regularly every month by the Valilik (Provincial Governorate). Where necessary, an assessment may also be made without waiting for the thirty-day period.
If it is concluded that continued detention is no longer necessary, detention is terminated and the alternative obligations under YUKK Article 57/A may come into play for the foreign national.
For this reason, the belief that "you cannot leave a removal centre before six months are up" is legally incorrect.
How Many Days Does the Judge Take to Decide?
Under Article 57/6 of Law No. 6458, the Sulh Ceza Hâkimliği concludes an application against an administrative detention decision within five days.
Filing the application does not by itself suspend administrative detention. The foreign national continues to be held in the removal centre until the Judgeship gives its decision or the administration terminates detention.
The decision of the Criminal Judgeship of Peace is final by law.
Even so, the law provides one further important option: if the conditions of administrative detention have subsequently ceased to exist or have changed, the foreign national, their legal representative or their lawyer may apply to the Sulh Ceza Hâkimliği again.
For example, a new fixed address emerging after the first application, a change in the person's state of health, or other significant developments in the file may be assessed in the new application.
What If the Detention Appeal Is Rejected?
The rejection of a first application does not mean that the foreign national can never make another application during administrative detention.
YUKK Article 57/6 expressly provides that a new application may be made to the Criminal Judgeship of Peace on the ground that the conditions of administrative detention have ceased to exist or have changed.
In addition, if it is considered that the right to personal liberty and security has been violated because of administrative detention, an individual application to the Constitutional Court may come into play after domestic remedies have been exhausted, depending on the nature of the file.
Because the procedure for challenging an administrative detention decision, renewed applications, the competent judgeship and the Constitutional Court process are separate and technical matters, we deal with them in detail in our guide Appeal Against Administrative Detention in Turkey.
Does Leaving the Removal Centre Cancel the Deportation Order?
No. This distinction is one of the most critical issues for foreign nationals held in removal centres.
If the Criminal Judgeship of Peace lifts administrative detention, the person may leave the removal centre; but the deportation decision issued against them may legally remain in force.
The judicial route against a deportation order is different. Under YUKK Article 53, the foreign national, their legal representative or their lawyer may file a case before the Administrative Court within seven days of the deportation decision being served.
For this reason, in a removal centre file it is necessary to look not only at the person's release from the closed centre, but also at the legal status of the deportation order against them.
For detailed information on suspending a deportation order and the seven-day time limit for filing a case, see our guide Deportation Order in Turkey: How to Stop It.
Can a Person Released From a Removal Centre Stay in Turkey?
The ending of administrative detention only shows that the person is no longer being held in a closed removal centre. The status under which the person may stay in Turkey is assessed separately, according to the deportation order against them, any entry ban, restriction codes, their residence or work permit situation, and any international protection process.
Is Voluntary Return the Same as Being Released?
Voluntary return and being released inside Turkey are two different things.
Where a foreign national returns voluntarily to their own country or to another country that accepts them, the person physically leaves the removal centre; but this does not mean that they have been released within Turkey.
For a foreign national who wishes to stay in Turkey and to challenge the administrative or judicial decisions against them, understanding the content of the documents they sign is therefore extremely important.
Especially in files where deportation procedures are ongoing, the person's intention, the notifications served and the documents signed must be assessed together.
What Has the Constitutional Court Said About Administrative Detention?
Administrative detention is not merely a technical procedure of immigration law; it is also an interference with the right to personal liberty and security protected by Article 19 of the Constitution of the Republic of Turkey.
In the B.T. application (App. No: 2014/15769, 30.11.2017), the Constitutional Court clearly established that the authority competent to review the lawfulness of an administrative detention decision is the Sulh Ceza Hâkimliği.
In the Abdulkadir Yapuquan application (App. No: 2016/35009, 02.05.2019), the Court emphasised that administrative detention is an exceptional power, and assessed that deprivation of liberty must be lawful and free from arbitrariness, that deportation procedures must be conducted with due diligence, and that long-term restriction of liberty based on abstract reasoning may create a problem in terms of personal liberty.
Because of these decisions, in removal centre files it is necessary to look not only at which article of the law the administration cited in its decision, but also at whether it explained why that decision was necessary for the specific individual.
The Most Common Mistake in Removal Centre Cases
The mistake we encounter most often is the assumption that the deportation order and the administrative detention decision are a single procedure.
Families sometimes wait, asking "we filed the deportation case, why is he still inside?" In fact, the deportation case and the administrative detention application have different legal consequences.
The second mistake is filing a standard petition without setting out the personal circumstances of the file.
The lawfulness of administrative detention must be assessed on the basis of each foreign national's concrete situation. A foreign national with a fixed address is not in the same position as one with no identity or address information at all. Likewise, a serious health problem, family unity, the situation of children, or the way the deportation procedure is actually being carried out may change the assessment of the file.
What Can Be Done for a Foreign National Held in a Removal Centre in Istanbul?
Depending on the situation of the file and the capacity of the centres, foreign nationals apprehended in Istanbul may be transferred to removal centres in Istanbul or in other provinces.
For this reason, instead of acting on the assumption that the person is in Tuzla, Çatalca/Binkılıç, Arnavutköy or another centre, the current place of detention must first be identified.
The administrative detention decision, the deportation order, the notification documents and any restriction codes must then be examined together.
The release application should be prepared specifically for the file only after these documents have been seen.
Conclusion: Every Removal Centre File Needs Its Own Legal Review
To secure release from a removal centre, it must first be determined why the foreign national is being held under administrative detention. The grounds of the detention decision, the person's current circumstances and the alternative measures that could be applied outside the removal centre are then assessed together.
The administrative detention application to the Sulh Ceza Hâkimliği and the deportation case filed before the Administrative Court are different from each other. Confusing these two routes may cause significant loss of time and rights, especially for foreign nationals held in removal centres.
If a relative of yours is in a removal centre, the first stage is to identify the centre where the person is held, the decisions served on them and the restriction records in the file, and to build the legal roadmap accordingly.
Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 53, 57 and 57/A; Constitution of the Republic of Turkey, Article 19; Constitutional Court, B.T., App. No: 2014/15769, 30.11.2017; Constitutional Court, Abdulkadir Yapuquan, App. No: 2016/35009, 02.05.2019; Republic of Turkey Ministry of Interior, Göç İdaresi Başkanlığı (Presidency of Migration Management), explanations on Deportation and Administrative Detention.
For the time-limit rules on which a release request is based, see administrative detention periods and the conditions for extension; for the route to follow if the appeal is rejected, see the options after a rejected appeal.
The information on this page is for general guidance only and does not constitute legal advice.
Frequently Asked Questions
Common questions on this topic
1 Will appealing administrative detention also stop my deportation?
Avukat Esra Ateş
No, it will not. This is the most frequent mistake. An appeal against the administrative detention decision before the Sulh Ceza Hâkimliği only gets you out of the building (the removal centre). To stop the deportation itself, you must separately file an annulment case against the deportation order before the Administrative Court. The two are different procedures and should be pursued at the same time.
2 Can I get married inside a removal centre and obtain citizenship?
Avukat Esra Ateş
Marriage procedures inside a removal centre are difficult in practice and require coordination with the centre administration. Marriage does not automatically lift administrative detention; however, family ties are relied on both in the objection and in the deportation case. Citizenship by marriage, on the other hand, requires having been married to a Turkish citizen for at least three years with the marriage still continuing (Law No. 5901 Article 16).
3 Can I pay bail to be released from a removal centre in Turkey?
Avukat Esra Ateş
Turkish law has no bail system like the one in criminal proceedings. A guarantee (teminat) is one of the alternatives to administrative detention, and these obligations are imposed by the administration, i.e. the Valilik (Provincial Governorate) (YUKK Article 57/A). When lifting detention, the Sulh Ceza Hâkimliği (criminal judgeship of peace) may state that the aim can be achieved through an alternative obligation. If the foreign national does not leave Turkey within the guarantee period, the guarantee is recorded as revenue to the Treasury, except in cases of force majeure or a pending court case (Article 57/A-7).
4 Are smartphones allowed inside a removal centre?
Avukat Esra Ateş
Under the centre's rules, personal phone use may be restricted and phones may be taken into safekeeping. On the other hand, the law requires that a foreign national held in a centre be given access to telephone services, relatives and a lawyer (YUKK Article 59/1-b).
5 Who pays the costs of a person held in a removal centre?
Avukat Esra Ateş
As a rule, deportation costs are covered by the foreign national. If they cannot pay, the costs are covered from the budget of Göç İdaresi (Presidency of Migration Management); as long as these costs are not repaid, the foreign national may be refused entry to Turkey (YUKK Article 60/3-ç).
6 Does the 6-month limit reset if the person is transferred to another removal centre?
Avukat Esra Ateş
Administrative detention cannot exceed six months. This period may be extended by at most six more months only if the deportation procedure cannot be completed because the foreign national does not cooperate or does not provide correct information or documents (YUKK Article 57/3). A transfer to another centre does not reset the period. When the maximum period expires, detention must end; an alternative obligation may be imposed on the foreign national (Article 57/A).
7 Can pregnant women or families with children be held in a removal centre?
Avukat Esra Ateş
The law does not prohibit it, but for persons in a vulnerable situation it must be examined separately whether detention is necessary and proportionate. A documented pregnancy, a health problem or a child needing care is a strong ground, in an objection before the Sulh Ceza Hâkimliği, for detention to be lifted or converted into an alternative obligation.
8 Does an administrative detention decision appear on e-Devlet?
Avukat Esra Ateş
No. Because an administrative detention decision is not a court judgment but an administrative act, it generally does not appear on the e-Devlet "Case File Inquiry" screen. The most reliable ways to find out where the person is held are their own phone call (a removal centre must give access to a telephone, relatives and a lawyer, Law No. 6458 Art. 59/1-b), an application to the Provincial Directorate of Migration Management, or a lawyer. The Alo 157 YİMER line can be called, but it may not say which centre the person is in.
9 How can I find out which removal centre my relative is in?
Avukat Esra Ateş
Foreign nationals are usually taken to the centre in the province where they were apprehended; in Istanbul these are the Tuzla, Binkılıç, Çatalca and Arnavutköy centres. If there is no space, they may be transferred to other provinces. The most reliable sources of information are your relative's own phone (YUKK Article 59/1-b) and the lawyer you have given a power of attorney to.
10 What is "terke davet" (invitation to leave) and how does it differ from detention?
Avukat Esra Ateş
Terke davet means telling a foreign national subject to a deportation decision: "We are not detaining you, we are giving you 15-30 days, leave the country yourself." These people are not taken into a removal centre; they remain free. However, this right is not granted to those seen as presenting a risk of absconding, and administrative detention is applied to them directly.
11 Can I write the appeal petition myself without a lawyer?
Avukat Esra Ateş
You can, but it is not advisable. Removal centres have pre-printed (template) petitions that foreign nationals sign and submit. These petitions usually contain simple statements such as "let me out" and lack legal reasoning. Judges at the Sulh Ceza Hâkimliği take into account professional petitions based on concrete evidence (residence document, medical report, etc.).
12 What happens if there is a war in the country I would be deported to?
Avukat Esra Ateş
No deportation decision is taken about a foreign national where there are serious indications of a risk of the death penalty, torture or inhuman treatment in the country of return (YUKK Article 55/1-a). In that case a humanitarian residence permit may be granted (Article 46/1-c). International protection, by contrast, is assessed through a separate application; the status does not arise automatically.
13 Does voluntary return remove the entry ban (deport)?
Avukat Esra Ateş
The situation of a person under detention has already been detected. The facility granted to someone who applies to the governorate to leave before their situation is detected (YUKK Article 9/4) therefore does not apply to this person; the second tier of the official table, which covers those who are deported, applies. Note: the guarantee against removal while a case is pending is granted "subject to the foreign national's consent" (Article 53/3). A voluntary return form may be treated as consent; do not sign it without consulting a lawyer.
14 Will I be taken to hospital if I fall ill in administrative detention?
Avukat Esra Ateş
Yes, referral to hospital is mandatory in emergencies. However, if there is a chronic and serious illness, the removal centre infirmary report may be insufficient. In that case, immediate release should be requested on the basis of a report from a fully equipped hospital stating that "staying in removal centre conditions carries a vital risk".
15 If my detention appeal is rejected, can I apply again?
Avukat Esra Ateş
You can. When circumstances change (for example, a new address is found or a health problem arises), a further appeal may be made. In addition, the administration must review its decision in the regular monthly assessments.
16 Can Syrians under temporary protection also be placed in a removal centre?
Avukat Esra Ateş
Yes. Holding a temporary protection identity document does not provide immunity. If they become involved in an offence disturbing public order, or if they leave their province of registration without permission and are apprehended in another province, they may be placed under administrative detention.
17 Do I have to go to a notary to give my lawyer power of attorney?
Avukat Esra Ateş
The foreign national can sign the objection petition personally and hand it to the centre administration; the petition is forwarded immediately to the competent Sulh Ceza Hâkimliği (YUKK Article 57/6). For a lawyer to apply in their own name, a power of attorney is needed; a notary can come to the centre to draw it up. Those who cannot afford a lawyer's fee are provided with legal services on request (Article 57/7).
18 If administrative detention is lifted, can I travel abroad?
Avukat Esra Ateş
No. The lifting of administrative detention only allows you to move freely within Turkey (with a reporting obligation). Because the deportation decision and the restriction codes against you remain in place, you may be prevented from leaving or entering the country through lawful channels.
19 Are people who promise "guaranteed release" from a removal centre telling the truth?
Avukat Esra Ateş
Never. There are no guarantees in law. In foreigners law in particular, the administration has broad discretion. Those who say "we will definitely get you out" are usually fraudsters or are implying illegal methods (bribery, etc.), which is grounds for serious criminal proceedings against both the lawyer and the foreign national. The only things you should rely on are legal knowledge, experience and close follow-up of the file.
20 Where are people caught at mobile migration checkpoints in Istanbul taken?
Avukat Esra Ateş
They are taken to one of the centres in Istanbul: Tuzla, Binkılıç, Çatalca or Arnavutköy. If there is no space, they may be transferred to a centre in another province; do not set off before confirming where the person is.
For detailed information get in touch with us .
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