Provisions on Foreigners and International Protection

Amendments to the Law no. 6458 on Foreigners and International Protection reflect concerns about security and an attempt to control human trafficking.

It has now become possible to deport those foreigners who are within the term of litigation or already undergoing a judiciary process, and are leaders, members or supporters of terrorist organizations, leaders, members or supporters of crime syndicates, constitute threats to the public order, safety or health, or are connected to terror groups designated by international institutions and agencies, before the end of the judiciary process (Executive Decree 676 Article 35).

Likewise, an additional clause was included in the law so as to deport at any stage of the international protection procedures those individuals who are deemed by international agencies and institutions to have connections with terror organizations or pose a threat for public safety, even if they enjoy international protection applications or international protection status (Executive Decree 676 Article 36).

General Directorate of Migration Management has been authorized to demand information on the passengers and crew of those who bring passengers to the border gates, or take passengers from border gates, and transport passengers within Turkey, before, during or after the transportation (Executive Decree 676 Article 37).

A newly added article provides for the seizure of vehicles used in trafficking migrants (Executive Decree 690 Article 6).

Articles 169-172 of the Executive Decree no 694 introduced changes to certain articles of the law. Accordingly, “unaccepted passengers” have been defined as those who arrive at border gates to enter the country or make a transit, but whose entry or transit is not accepted since they do not meet the conditions required by the legislation. “Transporters” were defined as the natural or legal persons who own the land, sea or air vehicles that carry the foreign passengers or the commercial land, sea or railway operators. As such, “transporters” are now obliged to take the necessary measures to prevent the transport of “unaccepted passengers”, to meet the nutrition, accommodation and urgent health needs of “unaccepted passengers” and to make the necessary notifications concerning “unaccepted passengers”. The amendment has also specified the sanctions that apply to the “transporters” that fail to meet these obligations (Executive Decree 694 Article 171).

Finally an addition was made to one article of the law, so that if deemed necessary, the legal counselor’s office under the General Directorate will participate in any trial or non-contentious proceeding concerning the victims of human trafficking, and will fulfill any other duties assigned by the General Director (Executive Decree 694 Article 172).

Provisions on Foreigners and International Protection