Research Article

Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey

Volume: 41 Number: 1 June 1, 2021
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Public and Private International Law Bulletin
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Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey

Abstract

This paper analyzes the evolution of the case law in Turkey concerning compensation of unlawful practices of administrative detention. Such cases happen when implementation of administrative detention is unlawful in terms of right to personal liberty and security, or when the administrative detention conditions are against human dignity. The paper follows an empirical and analytical method as the analysis is built on the decisions of the Turkish Constitutional Court (“CC”) in individual applications and on the judgments by local courts. Accordingly, as explained in the first section, in the first phase of CC’s decisions, the lack of a special compensation mechanism for unlawful practices of administrative detention was recognized and compensation was granted in favor of the applicants. Second section of the paper analyzes the landmark decision of CC where it changed its case law and required exhaustion of administrative full remedy action for compensation claims related to administrative detention. Building on this background, in the last two sections of the paper first, it is assessed whether administrative full remedy action is an effective legal remedy with respect to compensating unlawful administrative detention practices and second, a critical analysis is offered on CC’s approach to the claims of compensation in the light of its landmark decision.

Keywords

References

  1. Çağlayan R, İdare Hukuku Dersleri (6th edn, Adalet Yayınevi 2018)
  2. Council of Europe/European Court of Human Rights, ‘The Admissibility of an Application’ ‘ECtHR - S.F. and Others v. Bulgaria, Application No. 8138/16, 7 December 2017 | European Database of Asylum Law’ accessed 9 April 2019
  3. Kalabalık H, İdare Hukuku Dersleri Cilt-II (4th edn, Seçkin Yayıncılık 2019)
  4. Mole N and Meredith C, Asylum and the European Convention on Human Rights (Council of Europe Publishing 2010)
  5. Abdolkhani and Karimnia v Turkey [2009] ECtHR 30471/08
  6. Alimov v Turkey [2016] ECtHR 14344/13
  7. Amerkhanov v Turkey [2018] ECtHR 16026/12
  8. Amie and Others v Bulgaria [2015] ECtHR 58149/08

Details

Primary Language

English

Subjects

Law in Context

Journal Section

Research Article

Authors

Publication Date

June 1, 2021

Submission Date

September 30, 2020

Acceptance Date

October 27, 2020

Published in Issue

Year 2021 Volume: 41 Number: 1

IZ

https://izlik.org/JA92NC75FW

Cite

RIS / Bibtex
APA
Ovacik, G. (2021). Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. Public and Private International Law Bulletin, 41(1), 41-62. https://izlik.org/JA92NC75FW
AMA
1.Ovacik G. Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. PPIL. 2021;41(1):41-62. https://izlik.org/JA92NC75FW
Chicago
Ovacik, Gamze. 2021. “Compensation for Unlawful Practices Related to Administrative Detention of Foreigners in Turkey”. Public and Private International Law Bulletin 41 (1): 41-62. https://izlik.org/JA92NC75FW.
EndNote
Ovacik G (June 1, 2021) Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. Public and Private International Law Bulletin 41 1 41–62.
IEEE
[1]G. Ovacik, “Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey”, PPIL, vol. 41, no. 1, pp. 41–62, June 2021, [Online]. Available: https://izlik.org/JA92NC75FW
ISNAD
Ovacik, Gamze. “Compensation for Unlawful Practices Related to Administrative Detention of Foreigners in Turkey”. Public and Private International Law Bulletin 41/1 (June 1, 2021): 41-62. https://izlik.org/JA92NC75FW.
JAMA
1.Ovacik G. Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. PPIL. 2021;41:41–62.
MLA
Ovacik, Gamze. “Compensation for Unlawful Practices Related to Administrative Detention of Foreigners in Turkey”. Public and Private International Law Bulletin, vol. 41, no. 1, June 2021, pp. 41-62, https://izlik.org/JA92NC75FW.
Vancouver
1.Gamze Ovacik. Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. PPIL [Internet]. 2021 Jun. 1;41(1):41-62. Available from: https://izlik.org/JA92NC75FW