Edirne · Legal information
Administrative Detention and the Edirne Removal Centre
Some foreign nationals who are subject to a deportation order are placed under administrative detention and held at a removal centre until the order is carried out. Because administrative detention restricts personal liberty, it is subject to a separate judicial review by the criminal judgeship of peace.
Key facts
- Ordered by
- The governor’s office (Law No. 6458, Art. 57)
- Where to apply
- The criminal judgeship of peace (sulh ceza hâkimliği); the application does not by itself end the detention
- Decision
- The judge concludes the review within 5 days; the decision is final
- Maximum period
- 6 months; up to 6 more months if the foreign national does not cooperate or does not provide correct information or documents about their country
- Alternatives
- Obligations such as living at a specified address, reporting, electronic monitoring or a guarantee (Art. 57/A)
When is administrative detention ordered?
The governor’s office may order administrative detention for foreign nationals who are subject to a deportation order, in particular those who pose a risk of absconding or disappearing, who have breached the rules for entering or leaving Turkey, who have used false or forged documents, who have not left within the period given to them without an acceptable excuse, or who are considered a threat to public order, public security or public health.
Administrative detention is not a punishment; it is a measure intended to make the deportation possible. The measure must therefore be necessary and proportionate.
Application to the criminal judgeship of peace
The detained person, their legal representative or their lawyer may challenge the administrative detention order before the criminal judgeship of peace. If the petition is handed to the administration, it is forwarded to the competent judge immediately. The judge concludes the review within five days, and the decision is final.
The application usually focuses on:
- Whether there really is a risk of absconding or disappearing (a fixed address, family, work)
- Whether the person has a passport or identity document, and whether the deportation can be carried out soon
- Personal circumstances such as health, age or being a family with children
- Whether alternatives to administrative detention (living at a specified address, reporting regularly, electronic monitoring, a guarantee and similar obligations) would be sufficient
The centre in Edirne
In Edirne, administrative detention orders are carried out at the removal centre. If you are applying for a relative held at the centre, knowing the person’s full name, date of birth, nationality and the date they were brought to the centre speeds things up. People whose orders were issued in another province may also be held at the centre in Edirne; in that case, the court where the case against the deportation order must be filed is determined separately.
Related pages: Challenging a deportation order · Immigration lawyer in Edirne
Frequently asked questions
Can we apply again if the objection is rejected?
Yes. A new application can be made to the criminal judgeship of peace on the grounds that the conditions for administrative detention no longer exist or have changed. For example, obtaining the person’s passport, providing an address and a guarantee, or a worsening of their health can be the basis of a new application.
Are administrative detention and the deportation order the same thing?
No. A deportation order is challenged by a case before the administrative court; an administrative detention order is challenged before the criminal judgeship of peace. The two remedies are independent of each other and have different deadlines; in most files both are pursued together.
Can a lawyer meet the person at the centre?
Yes. Foreign nationals under administrative detention have the right to meet a lawyer. Depending on how the centre operates, an appointment and identity details may be requested for the meeting.
Can the detention period be extended?
Administrative detention may not exceed six months. However, if the deportation cannot be completed because the foreign national does not cooperate or does not provide correct information and documents about their country, this period may be extended by up to six more months. The governor’s office reviews every month whether continued detention is necessary.
Related articles (Turkish)
Legal basis and official sources
- Law No. 6458 on Foreigners and International Protection, Art. 57 and 57/A (Turkish, mevzuat.gov.tr)
- Presidency of Migration Management
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The information on this page is general and is not legal advice. Laws and court decisions change; every case must be assessed on its own facts.