Araştırma Makalesi

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

Cilt: 41 Sayı: 1 1 Haziran 2021
Public and Private International Law Bulletin Kapak
Public and Private International Law Bulletin
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Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey

Öz

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.

Anahtar Kelimeler

Kaynakça

  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

Ayrıntılar

Birincil Dil

İngilizce

Konular

Hukuk

Bölüm

Araştırma Makalesi

Yazarlar

Yayımlanma Tarihi

1 Haziran 2021

Gönderilme Tarihi

30 Eylül 2020

Kabul Tarihi

27 Ekim 2020

Yayımlandığı Sayı

Yıl 2021 Cilt: 41 Sayı: 1

IZ

https://izlik.org/JA92NC75FW

Kaynak Göster

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. Public and Private International Law Bulletin. 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 (01 Haziran 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”, Public and Private International Law Bulletin, c. 41, sy 1, ss. 41–62, Haz. 2021, [çevrimiçi]. Erişim adresi: 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 (01 Haziran 2021): 41-62. https://izlik.org/JA92NC75FW.
JAMA
1.Ovacik G. Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. Public and Private International Law Bulletin. 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, c. 41, sy 1, Haziran 2021, ss. 41-62, https://izlik.org/JA92NC75FW.
Vancouver
1.Gamze Ovacik. Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey. Public and Private International Law Bulletin [Internet]. 01 Haziran 2021;41(1):41-62. Erişim adresi: https://izlik.org/JA92NC75FW