1. Introduction and Legal Basis
The processes of admitting foreign nationals to removal centers (GGM) and deporting them under suspicion of crimes such as prostitution or drug trafficking are primarily carried out within the framework of Articles 54 and 57 of Law No. 6458 on Foreigners and International Protection (YUKK). Judicial decisions indicate that in such cases, the administration has broad discretionary power on the grounds of “public order and security.”
2. Grounds for Admission to Removal Centers and Restriction Codes
In light of the decisions included in the answers, the following grounds and restriction codes are applied for foreigners against whom proceedings are initiated on suspicion of prostitution or drugs.
Grounds:
YUKK art. 54/1-ç: Those who provide for their livelihood through illegitimate means during their stay in Turkey (This is a primary ground, especially in cases of suspected prostitution).
YUKK art. 54/1-d: Those who pose a threat to public order, public security, or public health (This is the most commonly used article in cases of both prostitution and drug suspicion).
YUKK art. 54/1-ğ: Those found to be working without a work permit (Used in the context of being a hostess or unregistered work in prostitution operations).
Restriction Codes:
G-87: Persons posing a danger to general security (Applied in cases of drug-related and general public safety suspicions).
Ç-114: Foreign national subject to judicial proceedings.
O-100: Entry ban.
V-71: Unknown locality (For those not found at their address).
M-99: Location and identity determination.
Ç-120: Violation of entry ban.
3. Deportation Before Investigation is Completed
Judicial decisions clearly demonstrate that the conclusion of a judicial investigation or criminal case is not a prerequisite for administrative action:
Council of State, 10th Chamber (2015/945 ): It was found lawful to detain a foreign national, who was taken into custody within the scope of a prostitution investigation, for deportation while the investigation was ongoing.
Constitutional Court (15/6/2022): In an investigation initiated on suspicion of drug offenses, it was stated that a deportation decision could be made on the grounds of “threatening public order” without requiring a finalized court decision, and that the action was lawful.
Constitutional Court (16/3/2022): It is observed that even regarding a foreign national acquitted of drug trafficking charges, a deportation and administrative detention decision can be made after the acquittal, on the grounds of “threatening public order.”
4. Potential Administrative Sanctions and Procedures
The main sanctions applied by the administration in concrete cases are as follows:
Deportation: Established in accordance with Article 54 of the YUKK.
Administrative Detention: This is the detention of a foreigner to be deported, at a Removal Center (GGM). The period is usually 6 months, but can be extended by another 6 months.
Cancellation or Non-Extension of Residence Permit: Suspicion of prostitution or drugs is considered a sufficient reason for the cancellation of an existing residence permit or the refusal of an extension request (Council of State 10th Chamber, 2015/610 ).
Entry Ban to Turkey: A person who has been deported is subject to an entry ban to the country for a certain period (usually 5-8 years).
5. Legal Remedies and Appeal Mechanisms The avenues for recourse against administrative actions are as follows:
Against a Deportation Decision: An annulment lawsuit can be filed in the Administrative Court within 7 days from the notification of the decision. Filing a lawsuit automatically suspends the deportation process (except for some exceptions) in accordance with Article 53/3 of the YUKK.
Against an Administrative Detention Decision: An appeal can be made to the Criminal Judgeship of Peace. The Judgeship makes a decision within 5 days.
Full Jurisdiction Lawsuit: A lawsuit for material/moral damages can be filed due to unlawful administrative detention or poor detention conditions. (For example; the İzmir Regional Administrative Court 6th Administrative Disputes Chamber ruled for 5,000 TL moral compensation due to unlawful detention).
Constitutional Court Individual Application: An application can be made with a request for interim measures after domestic legal remedies have been exhausted, or in cases where there is a risk of irreparable harm (violation of the right to life, prohibition of ill-treatment).
6. Case Studies and Examples
Prostitution Example: Based on condom packaging found during a search of a house in Balıkesir and witness statements, proceedings were initiated against an Özbekistan national on the grounds of “earning a living through illegitimate means”. However, the court may annul the proceedings if the evidence is not concrete (AYM, 22/7/2020).
Drug Example: A deportation decision was made against a foreigner found with drugs in their home in Yalova, independently of the judicial process, on the grounds of “threat to public order,” and this action was approved by the judiciary (AYM, 29/9/2022).
7. Additional Information Obtained from Secondary Sources
Secondary Source Note: In some decisions (AYM 20/11/2024), it has been stated that the G-43 restriction code is used in accusations of crimes such as migrant smuggling, and if the person cannot be sent to their country of origin, the option of a “safe third country” (e.g., Ecuador) is considered.
Secondary Source Note: It is emphasized that the administration’s discretion regarding “public security” is very broad, that a foreigner does not necessarily need to be convicted of a crime, and that intelligence information or the initiation of judicial proceedings is considered sufficient for administrative measures (AYM, 16/1/2020).
Secondary Source Note: During administrative detention, it is also possible to impose “obligations alternative to administrative detention” (e.g., signing in, residing at a specific address) on the foreigner (AYM, 2/6/2020).
Conclusion: A foreigner against whom an investigation has been initiated on suspicion of prostitution or drugs can be taken to a Repatriation Center (GGM) with codes such as G-87 or Ç-114 on the grounds of “threatening public order and security,” even if they have a residence permit. It is legally possible to deport them before the judicial process is completed, and the primary legal remedy against these actions is to file a lawsuit for annulment in the Administrative Court.
Frequently Asked Questions
Soruşturma devam ederken yabancı sınır dışı edilebilir mi?
Evet. Danıştay ve Anayasa Mahkemesi kararlarına göre ceza soruşturmasının veya davanın sonuçlanması sınır dışı işlemi için beklenmez. İdare kamu güvenliği gerekçesiyle soruşturma sürerken deport ve idari gözetim kararı verebilir.
Sınır dışı kararına karşı nasıl itiraz edilir?
Sınır dışı kararının tebliğinden itibaren 7 gün içinde İdare Mahkemesinde iptal davası açılabilir. Bu dava çoğu durumda sınır dışı işlemini otomatik olarak durdurur. Ayrıca idari gözetim kararına karşı Sulh Ceza Hakimliğine başvurulabilir ve Anayasa Mahkemesine bireysel başvuru yapılabilir.
Fuhuş veya uyuşturucu şüphesi sınır dışı edilmek için yeterli midir?
Evet. 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu’nun 54. maddesi uyarınca yabancının kamu düzeni veya kamu güvenliği açısından tehdit oluşturduğu değerlendirilirse, kesin mahkeme kararı olmasa dahi sınır dışı kararı verilebilir. Yargı kararları, idarenin bu konuda geniş takdir yetkisine sahip olduğunu kabul etmektedir.
Why is Expert Legal Support Necessary?
Repatriation center and deportation processes are extremely fast-paced and can lead to irreversible loss of rights if deadlines are missed. Specifically;
There is a 7-day lawsuit period against the deportation decision,
The necessity of a technical application for the removal of restriction codes,
The review of the legality of administrative detention decisions,
Requests for the stay of execution of the deportation process,
Protection of international protection or residence rights,
Issues such as an application to the Constitutional Court in cases of human rights violations require expertise.
A small procedural error made during these processes can lead to an individual being banned from entering Turkey for years or being directly deported. Therefore, obtaining support from a lawyer experienced in the field of foreigners’ law is critically important in repatriation center and deportation processes.
Obtaining professional support in the fields of foreigners’ law and administrative law in Istanbul, Tuzla, Pendik, Kartal, and surrounding areas ensures that the process is managed correctly and that no loss of rights occurs.
