CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 17 octobre 2019

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font:7pt 'Times New Roman'; display:inline-block } .sFB09C2C0 { width:6.71pt; font:7pt 'Times New Roman'; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s294F11C8 { width:3.2pt; display:inline-block } .sAA2523D7 { width:201.43pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 }     SECOND SECTION CASE OF G.B. AND OTHERS v. TURKEY (Application no. 4633/15)         JUDGMENT STRASBOURG 17 October 2019   FINAL   17/01/2020         This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of G.B. and Others v. Turkey, The European Court of Human Rights (Second Section), sitting as a Chamber composed of:   Robert Spano, President,   Marko Bošnjak,   Valeriu Griţco,   Egidijus Kūris,   Arnfinn Bårdsen,   Darian Pavli,   Saadet Yüksel, judges, and Hasan Bakırcı, Deputy Section Registrar, Having deliberated in private on 3 September 2019, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 4633/15) against the Republic of Turkey lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by four Russian nationals, Ms G.B. and her three children, namely Ms A.I., Mr M.Z. and Ms   K.Z. (“the applicants”), on 22   January 2015. 2.     The applicants were represented by Mr A. Yılmaz, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent. 3.     The applicants complained, under Articles 3, 8 and 13 of the Convention, about the material conditions of their detention at the Kumkapı and Gaziantep Foreigners’ Removal Centres and of the absence of any effective remedies whereby they could raise those complaints. They also complained, under Article 5 §§ 1, 2, 4 and 5 of the Convention, of the unlawfulness of their detention, the failure of the authorities to duly inform them of the reasons for their detention and the absence of domestic remedies by which they could effectively have the lawfulness of their detention reviewed and claim compensation for the violation of their rights under Article   5. 4.     On 27   May 2015 notice of the complaints under Article 3, Article   5 §§   1, 2, 4, and 5, Article 8 and Article 13 of the Convention was given to the Government and the remainder of the application was declared inadmissible pursuant to Rule   54   §   3 of the Rules of Court. 5.     The applicants and the Government each filed observations on the admissibility and merits of the application. The Russian Government, who were informed of their right to intervene under Article   36 of the Convention, did not make use of that right. THE FACTS THE CIRCUMSTANCES OF THE CASE 6.     The applicants were born in 1986, 2008, 2012 and 2013 respectively. The first applicant is the mother of the second, third and fourth applicants (also referred to as the “minor applicants”). They were being held in administrative detention at the time of lodging the present application with the Court. According to the latest information in the case file, they currently live in Baku, Azerbaijan. The applicants’ arrest and detention 7.     On 17 October 2014 the applicants entered Turkey via Istanbul   Atatürk Airport allegedly with a valid visa. 8.     According to the official records, on 18 October 2014 the applicants were arrested in the province of Kilis by the Syrian border as they were attempting to cross the border illegally into Syria. They were first taken to the Elbeyli provincial gendarmerie command for verification of their identities. Later on the same day, they were transferred to the foreigners department at the Kilis Security Directorate. 9.     On 19 October 2014 the Kilis governor’s office issued an order for the deportation of the first applicant under section 54(1)(h) of Law no. 6458, for having attempted to leave the country illegally. It also ordered her detention under section 57(2) for the same reason. 10.     On 22 October 2014 the applicants were transferred to the Kumkapı Foreigners’ Removal Centre (“the Kumkapı Removal Centre”) attached to the Istanbul Security Directorate. 11.     On 23 October 2014 the Istanbul governor’s office issued an order for the first applicant’s deportation under section 54(1)(d) and (h) of Law   no.   6458 and her detention during the deportation process in accordance with section 57 of the same Law. The order only made reference to the relevant provisions of Law no. 6458 on deportation and detention, without explaining on what grounds the decision to deport and detain the first applicant had been taken. There is no document in the case file to show whether and when that order was served on the first applicant. 12.     On 3 December 2014 the first applicant objected to the deportation order before the Istanbul Administrative Court. There is no information in the case file as to the outcome of those proceedings. 13.     In the meantime, on 7 November 2014 the applicants also sought international protection from the Turkish authorities, arguing that they had left Russia for fear of persecution due to their religious and political convictions and that their lives would be in danger if they were returned there. That request was rejected on 17 December 2014 by the Directorate General of Migration Management (“the DGMM”) attached to the Ministry of the Interior, which found that the applicants did not qualify for international protection. On 6 January 2015 the applicants challenged the decision of the DGMM before the Ankara Administrative Court, which rejected their case on 9   September 2015. An appeal lodged by the applicants against the administrative court’s decision was dismissed by the Supreme Administrative Court on 20 June 2018. Cases brought by the applicants before the Istanbul Magistrates’ Court to challenge the lawfulness of their detention 14.     On 11 November 2014 the applicants lodged an application with the Istanbul Magistrates’ Court, challenging the lawfulness of their administrative detention at the Kumkapı Removal Centre and requesting their release. They argued, in particular, that (i)     the detention order had only made reference to section   57 of the Foreigners and International Protection Act (Law no. 6458), without specifying the reasons for detention, even though the competent authority was obliged by law to provide such reasons in its decision; (ii)     it was clear from section 68 of Law no. 6458 that administrative detention should have been the last resort in respect of them, in view of their asylum seeker status, yet the authorities had ordered their detention without considering any alternative preventive measures and without paying sufficient attention to the fact that the applicants were a mother and her three very young children; (iii)     the administrative detention entailed serious physical and mental suffering for the applicants, especially the second, third and fourth applicants on account of their young age, having particular regard to the adverse material conditions at the Kumkapı Removal Centre (see paragraphs 24-27 below), which amounted to inhuman and degrading treatment as established by the Court in cases such as Yarashonen v.   Turkey (no.   72710/11, 24 June 2014). 15.     On 20 November 2014 the applicants submitted a second request to complement their application, arguing that an official decision on administrative detention had been taken only in respect of the first applicant, and that there was no legal basis for the remaining applicants’ detention. 16.     On 26 November 2014, 2 and 26 December 2014 and 6   January 2015 the applicants lodged four more applications with the Istanbul Magistrates’ Court to challenge the lawfulness of their detention on largely the same grounds as those noted above. 17.     By decisions dated 21 November 2014, 2 and 9   December 2014 and   12 and 29 January 2015 [1] the Istanbul Magistrates’ Court dismissed the applicants’ requests. In its initial decision of 21   November 2014, the magistrates’ court found that according to the information obtained from the Istanbul governor’s office, it had been decided to deport and detain the first applicant as (i) she posed a danger to public safety, and (ii) she had attempted to leave Turkey illegally. Her detention was, therefore, in accordance with the law. As for the remaining applicants, the Istanbul Magistrates’ Court acknowledged the absence of any detention order in respect of them and dismissed their claims – regarding the unlawfulness of their detention – for that reason. The court did not respond to the applicants’ remaining arguments. In its subsequent four decisions, it similarly declared the applicants’ detention lawful, merely making reference to sections   54 and 57   of Law no. 6458. In two of those decisions (delivered on 2   December 2014 and 12 January 2015) the court held that the decision to deport the first applicant had been based on section 54(1)(d) alone (concerning the deportation of those posing a threat to public order and security or public health), while in the other decisions it did not even specify that. In the remaining two decisions the court stated that the applicants had entered Turkey without a valid visa, although the applicants consistently denied that assertion. The applicants’ transfer to the Gaziantep Removal Centre 18.     On 22 January 2015 the applicants were transferred to the Gaziantep Removal Centre. 19.     On 23 January 2015 the Gaziantep governor’s office issued a deportation order in respect of all of the applicants, and also ordered their detention pending the deportation process, without specifying the provisions on which those orders were based. There is no document in the case file to show whether and when those orders were served on the applicants. 20.     On 30 January 2015 the applicants applied to the Gaziantep Magistrates’ Court, challenging the lawfulness of their administrative detention at the Gaziantep Removal Centre and requesting their release. They largely repeated the arguments that they had previously made before the Istanbul Magistrates’ Court and stressed the unsuitability of the physical conditions at the Gaziantep Removal Centre, especially for small children. They also drew the court’s attention to the fact that they were being detained despite the absence of any immediate prospect of expulsion, because the cases that they had lodged against the deportation decision and the decision refusing their asylum request were still pending before the administrative courts. 21.     On 5 February 2015 the Gaziantep Magistrates’ Court accepted the applicants’ arguments and found that their administrative detention did not comply with the law. The court noted at the outset that the applicants had been detained for over three months in circumstances which were particularly unsuitable for small children. Moreover, although their deportation and detention were based on sections 54(1)(d) and 57(2) of Law   no. 6458, no concrete evidence had been provided to support the allegation that they posed a threat to public order, safety or health, particularly bearing in mind that three of the applicants were children aged 2, 3 and 7. Similarly, no explanation had been given as to why their detention was called for under section 57(2) of Law no.   6458. The court also noted that the proceedings brought by the applicants against the decisions ordering their deportation and refusing their asylum request were still pending before the administrative courts. On the basis of those findings, the court declared the applicants’ detention to be unlawful and ordered the applicants’ release from the Gaziantep Removal Centre, unless their deportation could be carried out immediately. 22.     As the authorities failed to release them, on 10   February   2015 the applicants applied to the DGMM, requesting their release from the Gaziantep Removal Centre in accordance with the decision of the Gaziantep Magistrates’ Court dated 5 February 2015 and the interim measure ordered previously by the Court on 23   January 2015 (see below paragraph 39). 23.     On the same date, the decision of the Gaziantep Magistrates’ Court was served on the Gaziantep Security Directorate and the applicants were released from the removal centre on condition that they resided in Gaziantep and reported to a police station three times a week. Conditions of detention at the Kumkapı and Gaziantep removal centres The applicants’ account 24.     The applicants claimed that the Kumkapı Removal Centre had been severely overcrowded at the time of their detention there between 22   October 2014 and 22   January 2015. The centre had had an overall official capacity of 300 people at the relevant time, but had accommodated around 600 people. As proof of that claim, the applicants submitted a note prepared by their lawyer on 23 January 2015, recounting an exchange that he had had with an officer on duty, who had allegedly told him that some 600   people were being held at the removal centre at the material time. 25.     The applicants argued that the overcrowding at the centre had led to problems of hygiene, which had been further exacerbated by the lack of regular cleaning of the rooms, toilets and showers, and by the fact that the bedding provided at the centre was never changed. The building was infested with insects. The first applicant claimed that her children had been bitten by insects and bedbugs, and two of them had suffered allergic reactions to those bites. On an unspecified date the applicants’ room had been disinfected, yet they had not been permitted to leave the room during the disinfection process. 26.     The applicants further submitted that the centre had not been sufficiently lit, heated and ventilated, and that they had been exposed to tobacco smoke at all times of the day. There had been no regular provision for outdoor exercise, not even for children. There were no light switches in the rooms and the lights were kept on during the night, which had disturbed the applicants’ sleep. 27.     The applicants emphasised that the material conditions of detention at the Kumkapı Removal Centre were particularly unsuitable for the mental and physical health of children. Children were not provided with a play area or with age-appropriate activities, nor did they have regular access to fresh air. The quality and quantity of the food provided was also poor. In particular, they did not meet the nutritional requirements of children. The applicants’ needs, such as baby food, milk and fruit, as well as nappies, baby cream, clothes and toys, had been met by their lawyers or next of kin, to the extent that their visits had been allowed. The applicants’ lawyers’ oral and written requests for the provision of the three children’s basic needs, including their requests for urgent medical care, had been ignored by the authorities. In addition to their oral requests, on 14   November 2014 and 13   January 2015 the applicants’ lawyer had written twice to the Istanbul Security Directorate to complain of the material conditions at the Kumkapı Removal Centre, and to request medical assistance and basic provisions required by the applicants, in particular the three children. In the letter of 13   January 2015 the lawyer had stressed that one of the children suffered from bronchitis and another one from allergies, and that they were in need of urgent medical care. It appears that the authorities did not respond to any of those requests. On 21 January 2015 the lawyer wrote to the DGMM to draw its attention to the hardships faced by the applicants on account of the material conditions of detention at the Kumkapı Removal Centre, and to request urgent medical assistance for the children, who had been suffering from a high fever for the past six days. The lawyer stressed that the authorities had taken no action to provide the children with the necessary medical care, despite the first applicant’s numerous pleas. According to the information provided by the applicants, the children were not taken to a doctor until 27 January 2015. 28.     On 22 January 2015 the applicants were transferred to the Gaziantep Removal Centre, where they were held until 10 February 2015. According to their account, the conditions at that centre were even worse than those at Kumkapı: they were held in a room measuring 10 sq. m, which did not receive enough sunlight, together with three other women and one child. There were people who slept in the corridors. The problems concerning the quality and the appropriateness of the food for children, the hygiene, the lack of outdoor exercise and the absence of a play area also existed at that centre. The applicants were given milk, fruit and winter clothes by their lawyers. The Government’s account 29.     The Government submitted that the Kumkapı Removal Centre where the applicants had initially been detained had a capacity of 300 persons. The detainees were accommodated on three floors: the first two floors were reserved for male detainees, and the third floor for females. There were four dormitories on the first floor, measuring 50, 58, 76 and 84 sq. m, and five dormitories on each of the second and third floors, measuring 50, 58, 69, 76 and 84 sq. m respectively. There were forty-four bunk beds on the first floor, seventy-six bunk beds on the second floor and seventy bunk beds on the third floor, and all the rooms were sufficiently lit and ventilated. There were also five showers and six toilets per floor, as well as a cafeteria measuring 69 sq. m on all floors, where breakfast, lunch and dinner were served daily. Children were given 500 ml of milk each day, and there was also a canteen in the centre where personal supplies were sold. The detainees had the right to outdoor exercise in suitable weather conditions, and the applicants had enjoyed that right during their stay in Kumkapı. An indoor and an outdoor play area were moreover provided for children, and facilities for resting, watching television, exercising and religious observance were also made available to all detainees. A doctor was present on the premises weekly and the detainees also had access to medical care in cases of emergency. Detainees were also allowed to meet with their first ‑ degree relatives, lawyers and legal representatives. As for the hygiene in the facility, there were six cleaning staff working full time at the removal centre, and the building was disinfected whenever necessary. Hot and cold water was available around-the-clock, along with hygiene products such as liquid and bath soap. 30.     The Government stated that as the first applicant had three small children, she had not been kept in the standard female dormitories on the third floor. Rather, she had been housed in a separate area on the same floor, called the “victims’ ward”, where there were no iron bars or locks on the doors, where the detainees were allowed to use the telephones at will and had access to hot and cold water at all times. The so-called victims’ ward consisted of two rooms measuring 23.5 and 23 sq. m respectively and also included a 24 sq. m hallway and an 11 sq. m play area for children. The children were allowed to spend time in the play area with their parents or the sociologists and psychologists on duty at the removal centre, and they were never separated from their mothers. 31.     As for the conditions at the Gaziantep Removal Centre, the Government informed the Court that the applicants had been accommodated in a separate room measuring 12 sq. m as a family. They had been provided with three meals per day as well as with milk for the children. There was heating and twenty-four-hour access to hot water at the removal centre. Those held at the removal centre were allowed to go out to the yard at certain times of the day, and they were provided with medical care as necessary. 32.     In support of their claims, the Government submitted some photographs taken at the Kumkapı and Gaziantep removal centres, showing a number of dormitories from the Gaziantep removal centre and the yards of both centres. Unlike in Kumkapı, there does not seem to be a play area in the Gaziantep Removal Centre’s small concrete court yard. As for the conditions in the dormitory rooms, the rooms in the photographs are well lit and fairly clean, although some of them appear to be cramped. All of the rooms are equipped with iron-frame bunk-beds for adults, and there appear to be no other furniture – such as tables, chairs and closets – present in most of the rooms. The Government have provided no information as to which one of the rooms shown in the photographs the applicants had actually stayed in. The Government also submitted photographs of two common rooms with sofas and tables, and of one kitchen, one shower and one toilet at the Gaziantep Removal Centre, all of which also appear clean. In addition, they submitted video footage from the Kumkapı Removal Centre. One video shows an unidentified woman walking down the stairs of the centre with one baby and two older children and going outside to the car park where swings and a slide had been put in place, and another shows a woman making a phone call with an older boy by her side. The Government lastly sent three photographs taken at the Kumkapı Removal Centre, in which a small – unidentified – girl is seen holding a puzzle with a woman who, according to the note on the photograph, was a psychologist. There is no indication on the photographs as to when they were taken, but the videos indicate that they were taken on 18 and 22 January 2015. Application to the Constitutional Court (application no.   2014/19481) 33.     On 15 December 2014 the applicants lodged an individual application with the Constitutional Court and brought all the complaints noted in paragraphs 24-27 above regarding the material conditions of their detention at the Kumkapı Removal Centre to that court’s attention. They stressed that the conditions of detention in which they had been held for two months at that centre, which were unsuitable even for adults, were particularly unacceptable in the case of small children. The second, third and fourth applicants’ special needs were not being met at the centre, despite numerous appeals to the authorities. They added that although there was a play room and a yard at the centre, they were not allowed to benefit from those facilities. In particular, they were deprived of basic human needs, such as access to outdoor exercise. Arguing that the conditions of their detention had constituted ill-treatment, as well as violating their right to private and family life, the applicants requested that the Constitutional Court order their release from the Kumkapı Removal Centre by way of an interim measure. In support of their arguments, the applicants relied on the Court’s judgments in the cases of Yarashonen (cited above) and Musaev v.   Turkey , (no.   72754/11, 21 October 2014), as well as on the reports of the Human Rights Inquiry Committee of the Grand National Assembly of Turkey, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“the CPT”), the Council of Europe Commissioner for Human Rights, the United Nations Special Rapporteur on the Human Rights of Migrants, the European Commission and the Human Rights Institution of Turkey, where the adverse conditions of detention at the Kumkapı Removal Centre had been noted and criticised. The applicants also alleged that, apart from the unsuitable physical conditions at the Kumkapı Removal Centre, they had been deprived of their liberty in an unlawful manner and that they had not had an effective remedy to complain about the unlawfulness and the conditions of their detention. They emphasised in this connection that the numerous cases that they had brought before the Istanbul Magistrates’ Court to challenge the lawfulness of their detention had been dismissed by that court on stereotypical grounds without any real assessment of the lawfulness issue. 34.     On 29 December 2014 the applicants sent a letter to the Constitutional Court complaining about the failure of that court to deliver a decision on their interim measure request, despite the fact that two weeks had passed since they had made the request. The applicants pleaded in particular that the physical conditions of detention at the Kumkapı Removal Centre, where they had now been held for over two months, were putting the three small children’s physical integrity in danger and damaging their health. 35.     On 9 January 2015 the Constitutional Court rejected the applicants’ request for an interim measure. It found that the applicants had failed to lay the basis of an arguable claim that there was an immediate and serious risk to their lives or their physical or mental integrity on account of the conditions of detention at the Kumkapı Removal Centre. The court considered that the applicants’ allegations concerning the problems of hygiene and the lack of adequate food and fresh air at the centre, and their argument that such conditions constituted an actual and personal risk for them, were not sufficient to justify an interim measure. The Constitutional Court noted, however, that the State authorities were responsible for providing basic and urgent health services to persons held in removal centres. 36.     On 24 May 2018 the Constitutional Court delivered its judgment on the applicants’ case. After setting out the facts – where it noted, inter alia , that there had been no official order for the minor applicants’ detention prior to their transfer to Gaziantep – it moved on to assess the admissibility of the case. It reiterated at the outset the requirement to exhaust all administrative and legal remedies before lodging an application with the Constitutional Court. Referring to its decision in the case of K.A. (no.   2014/13044, 11   November 2015, see paragraphs 53-58 below), it stated that it had held in the past that there had been no effective remedies available in Turkish law to complain about the conditions of detention at foreigners’ removal centres or the unlawfulness of foreigners’ administrative detention. It then stressed, however, that it had recently changed that jurisprudence in the case of B.T. (no.   2014/15769, 30 November 2017, see paragraphs 59-62 below), where it had held that an action for a full remedy ( tam yargı davası ) before the administrative courts could provide an effective remedy in respect of complaints concerning both the conditions and the unlawfulness of the administrative detention of foreigners, provided, respectively, that (i) the individual was no longer being held in the conditions complained of, and (ii)   the unlawfulness of the detention had already been established by a magistrates’ court. The Constitutional Court held that there was no reason to depart from the findings in the B.T. case in the present circumstances, and therefore declared the applicants’ complaints inadmissible for failure to lodge an action for a full remedy before the administrative courts. The Constitutional Court stressed, in respect of the applicants’ complaint under Article   5, that their detention had already been declared unlawful by the Gaziantep Magistrates’ Court on 5 February 2015. 37.     The Constitutional Court also emphasised that although the aforementioned change of jurisprudence in the case of B.T. had been published in the Official Gazette on 16 February 2018, any such complaints lodged with the Constitutional Court before that date, without having first seized the administrative courts, would still be declared inadmissible on the grounds of non-exhaustion. That said, in the event that such applicants sought to have recourse to the administrative ‑ law remedy at issue after the inadmissibility decisions delivered by the Constitutional Court in respect of them, the administrative courts would be required to assess compliance with the time-limit rules for bringing an administrative action in a manner that would not prejudice the right of access to a court. Procedure before the Court 38.     The applicants lodged their application with the Court on 22   January 2015 and also requested it to adopt an interim measure for their release from the Kumkapı Removal Centre, where they were allegedly being subjected to conditions of detention that amounted to inhuman and degrading treatment. 39.     On 23 January 2015 the President of the Section to which the case had been allocated decided, in the interests of the parties and the proper conduct of the proceedings before the Court, to indicate to the Government, under Rule 39 of the Rules of Court, that the necessary measures be taken to ensure that the applicants’ detention conditions were compatible with Article   3 of the Convention. The Government were further requested to inform the Court whether the conditions of the applicants’ detention at the Kumkapı Removal Centre were compatible with Article   3 of the Convention and, in particular, whether those conditions could be considered appropriate for the second, third and fourth applicants in view of their young age. The Government were also invited to submit information, documents, photographs and video footage indicating the conditions of detention at the Kumkapı Removal Centre, including the capacity of the rooms and the number of occupants in the rooms at the material time, the hygiene conditions, and the opportunities for access to fresh air and daily exercise. The Government’s responses to those questions have been outlined in paragraphs 29-32 above. 40.     On the same date, the President of the Section also decided to grant priority to the application under Rule 41 of the Rules of Court. 41.     On 27 May 2015 the Vice-President of the Section to which the case had been allocated decided to give notice of the application to the Turkish Government. On the same date, it was also decided to discontinue the application of Rule 39 of the Rules of Court. RELEVANT LAW AND PRACTICE Domestic law and practice Turkish Constitution 42.     The relevant provisions of the Turkish Constitution read as follows: Article 17 “... No one shall be subjected to torture or ill-treatment; no one shall be subjected to punishment or treatment that is incompatible with human dignity. ...” Article 19 “Everyone has the right to personal liberty and security. No one shall be deprived of their liberty except for the ... apprehension or detention of a person who enters or attempts to enter the country illegally or against whom a deportation or extradition order has been issued. ... Anyone who is deprived of his or her liberty for any reason whatsoever shall be entitled to apply to a competent judicial authority for a speedy decision on his or her case and for his or her immediate release if the detention is not lawful. ...” Article 40 “Anyone whose rights and freedoms recognised under the Constitution have been violated has the right to request prompt access to the competent authority. ...” Article 125 “All actions or decisions taken by the authorities are amenable to judicial review ... If the implementation of an administrative measure would result in damage which is difficult or impossible to compensate and the measure is also clearly unlawful, a stay of execution may be granted, stating reasons ...” The administration shall be liable to make compensation for damage resulting from its actions or decisions.” Administrative Procedure Act (Law no. 2577) 43.     Section 2(1)(b) of the Administrative Procedure Act (Law no. 2577) provides that an action for a full remedy may be brought before the administrative courts on account of a violation of personal rights by an administrative action or measure. Foreigners and International Protection Act (Law no. 6458) 44.     The Foreigners and International Protection Act (Law no. 6458) entered into force on 11 April 2014. The provisions that are relevant to the present case read as follows: Deportation Section 52 “(1)     Foreigners may be deported to their country of origin or a transit country or a third country by way of a deportation decision.” Deportation decision Section 53 “(1)     A deportation decision shall be issued upon the instructions of the Directorate General or ex officio by governors’ offices. (2)     The decision and the reasons on which it has been based shall be notified to the foreigner, his or her legal representative or his or her lawyer. If the person in respect of whom a deportation order has been issued is not represented by a lawyer, he or she or his or her legal representative shall be notified of the consequences of the decision as well as the procedures and time-limits for appeal. (3)     A foreigner or his or her legal representative or lawyer may appeal to an administrative court against the deportation decision within fifteen days of the date of notification. The individual who has appealed against the decision shall also notify the authority that issued the deportation decision about the appeal. Appeals to [administrative] courts shall be concluded within fifteen days. The decision of the [administrative] court on this matter shall be final. The foreigner shall not be deported before the expiry of the time-limit for lodging an appeal or, where an appeal has been lodged, until the finalisation of the proceedings, without prejudice to his or her right to request [the contrary].” Individuals in respect of whom deportation decisions may be issued Section 54 “(1)     A deportation decision may be issued in respect of foreigners: ... (d)     who constitute a threat to public order or public security or public health, ... (h)     who have breached the terms of legal entry into Turkey or legal exit from Turkey, ...” Administrative detention for deportation and the duration of detention Section 57 “(1)     Where foreigners who fall into one of the categories listed in section 54 of the present Act are apprehended by law-enforcement units, the governors’ offices shall be notified immediately for a decision to be taken in respect of them. Deportation decisions shall be issued by the governors’ offices in respect of foreigners for whom such a decision is deemed necessary. The assessment and decision-making period shall not exceed forty-eight hours. (2)     A [foreigner] in respect of whom a deportation decision has been issued shall be placed in administrative detention by a decision of the governor’s office if [he or she] poses a risk of absconding or disappearing, has violated the rules for entry into and exit from Turkey, has used false or fabricated documents, has not left Turkey within the period granted without an acceptable excuse, or constitutes a threat to public order, public security or public health. Those in respect of whom an administrative detention order has been issued shall be transferred to a removal centre within forty ‑ eight hours by the law-enforcement unit that apprehended them. (3)     The period of administrative detention in removal centres shall not exceed six months. However, if the deportation process cannot be completed owing to the failure of the foreigner to co-operate or provide correct information or documents regarding his or her country [of origin], this period may be extended for a maximum of [a further] six months. (4)     The need to continue administrative detention shall be reviewed monthly by the governor’s office. Where necessary, reviews may be conducted earlier. If a foreigner’s administrative detention is no longer deemed necessary, it shall be terminated immediately. Foreigners who have been released may be required to comply with such obligations as residing at a designated address and reporting to the authorities in the manner and period requested. (5)     The administrative detention decision, the extension of the period of administrative detention and the results of the monthly reviews shall be notified to the foreigner or his or her legal representative or lawyer, together with the reasons on which they are based. If the person in respect of whom a deportation order has been issued is not represented by a lawyer, he or she or his or her legal representative shall be notified of the consequences of the decision as well as the procedures and time-limits for appeal. (6)     The person who has been placed in administrative detention or his or her legal representative or lawyer may appeal against the administrative-detention decision to the magistrates’ courts. An appeal cannot stay the execution of the administrative detention. In the event that an [appeal] is submitted to the administration, it shall be transmitted to the competent magistrates’ court without delay. The magistrates’ court shall conclude the review within five days. [Its] decision shall be final. A person who has been placed in administrative detention or his or her legal representative or lawyer may lodge a further appeal with the magistrates’ courts should the conditions for administrative detention have ceased to exist or changed. (7)     [Foreigners] who have lodged an appeal against a detention order, but who do not have the means to afford the services of a lawyer, shall be provided with legal aid at their request, in accordance with the relevant provisions of the Attorneys Act (Law no.   1136) of 19 March 1969.” Removal centres Section 58 “(1)     Foreigners subject to administrative detention shall be held in removal centres. (2)     Removal centres shall be operated by the Ministry ... (3)     The principles and procedures related to the estab ­ lishment, management, outsourcing, and inspection of removal centres and the transfer to removal centres of foreigners subject to administrative detention for deportation purposes, shall be determined by regulation.” Services provided in removal centres Section 59 “(1)     In removal centres: (a)     emergency and primary healthcare services which a foreigner lacks the means to cover shall be provided free of charge, (b)     a foreigner shall be provided with the opportunity to access and to meet with his or her relatives, a notary public, a legal representative and a lawyer, as well as access to telephone services, ... (ç)     the bests interests of children shall be observed, and families and unaccompanied minors shall be accommodated in separate areas, ...” Persons with special needs Section 67 “(1)     Persons with special needs [2] shall be given priority with respect to the rights and actions referred to in this Part. ...” Administrative detention of applicants [seeking international protection] Section 68 “... (2)     The administrative detention of a person who has applied for international protection is an exceptional measure. He or she may only be subjected to administrative detention in the following circumstances: ... (ç)     when he or she poses a serious threat to public order or public security. (3)     The requirement for administrative detention shall be assessed on a case-by-case basis. In circumstances noted in subsection (2) above, an assessment as to whether the residence and reporting obligations stipulated in section 71 would be sufficient shall be carried out before ordering administrative detention. The governors’ office[s] may determine alternatives to administrative detention. Administrative detention shall be ordered in circumstances where such [alternative] measures prove insufficient. (4)     The administrative detention decision, stating the [court’s] reasons for ordering administrative detention and the duration of the detention, shall be notified in writing to the person subjected to administrative detention or his or her legal representative or lawyer. If the person subject to administrative detention is not represented by a lawyer, he or she or his or her legal representative shall be notified of the consequences of the decision as well as the appeal procedures. (5)     The period of administrative detention shall not exceed thirty days. ... ... (7)     The person who has been placed in administrative detention or his or her legal representative or lawyer may appeal against the administrative-detention decision to the magistrates’ courts. The appeal shall not stay the execution of the administrative detention. In the event that the [appeal] is submitted to the administration, it shall be transmitted to the competent magistrates’ court without delay. The magistrates’ court shall conclude the review within five days. [Its] decision shall be final. The person who has been placed in administrative detention or his or her legal representative or lawyer may lodge a further appeal with the magistrates’ courts, should the conditions for administrative detention have ceased to exist or changed. ...” Residence and reporting obligations Section 71 “(1)     Administrative obligations may be imposed on [persons who have applied for international protection], such as an obligation to reside in a designated reception and accommodation centre, a specific location or province, or to report [to the authorities] as and when requested to do so. ...” Regulation on the establishment, management, operation, outsourcing and inspection of reception and accommodation centres and removal centres (no. 28980) 45.     The regulation on the establishment, management, operation, outsourcing and inspection of reception and accommodation centres and removal centres came into force on 22 April 2014, as required under, inter alia , section 58 of Law no. 6458. The relevant provisions of the regulation provide as follows: Article 4 “(1)     The following rules and procedures shall be observed in the establishment, operation and outsourcing of the centres and the provision of services under the present Regulation: (a)     the right to life shall be protected; (b)     a humane approach shall be taken; ... (ç)     those with special needs shall receive priority [treatment]; ...” Article 10 “... (2)     The director of the centre has the following duties and powers: ... (ç)     to make the necessary reque