Constitutional Court of Türkiye

Administrative detention of a foreign national: Constitutional Court finds a violation

In a case concerning an Afghan national, the Constitutional Court found a violation of the right to liberty and security in connection with administrative detention and the effectiveness of the available review.

Decision informationApplication No. 2022/71895
SummaryIn a case concerning an Afghan national, the Constitutional Court found a violation of the right to liberty and security in connection with administrative detention and the effectiveness of the available review.

Decision text

This page is an English editorial summary. The official decision is published in Turkish and remains the controlling source.

Case note

The applicant went to an immigration office to apply for a residence permission. The authorities identified multiple records under different names, opened a criminal investigation and later ordered deportation and six months of administrative detention.

The remedy identified in the decision

The decision explains that an objection to administrative detention is made to the competent criminal judgeship of peace under Article 57 of Law No. 6458. The Constitutional Court emphasised the need for an effective review of a measure that deprives a person of liberty.

Why this matters to a foreign resident

A person held in administrative detention should obtain the written decisions, preserve the dates and notification records, and identify the correct objection route without delay. A later compensation claim is not automatically a substitute for challenging the detention through the designated review mechanism.

The Court’s official record identifies the complaint as a violation of the right to liberty and security and awarded non-pecuniary compensation. This does not determine whether every detention or deportation decision is unlawful.

The source is the official Constitutional Court decision.

This publication is general legal information. It is not legal advice, a case assessment, a promise of an outcome or an invitation to instruct the office. Deadlines, jurisdiction, evidence and available remedies depend on the facts and the law in force at the relevant time.