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ADMINISTRATIVE DETENTION UNDER THE NORMATIVE FRAMEWORK OF NATIONAL AND INTERNATONAL LAW

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ADMINISTRATIVE DETENTION UNDER THE NORMATIVE FRAMEWORK OF NATIONAL AND INTERNATONAL LAW

ADMINISTRATIVE DETENTION UNDER  THE NORMATIVE FRAMEWORK OF NATIONAL AND INTERNATONAL LAW

Administrative detention is a decision to keep a foreigner in a country in repatriation centers for a certain period of time. The implementation of this decision is determined within the scope of specific international conventions and national legislation. In this context, this report addresses the issue of minimum conditions required for administrative detention to be considered legal, primarily within the scope of Turkish Domestic Law and international regulations on administrative detention.


Furthermore, this report includes a comparison of the concepts of administrative detention, detention and arrest. In the remainder of the report, the minimum conditions for administrative detention are discussed. The European Court of Hu-man Rights (ECHR)’s approach to the issue of administrative detention is another aspect explored within the scope of this report. Finally, the report offers recommendations regarding the local judicial remedies against unlawful administrative detention. According to this report, it should be taken into consideration that in cases where there is a violation of the minimum conditions prescribed for administrative detention, an application can be made to the ECHR in the event that all available domestic remedies have been invoked and exhausted.