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Safe third country concept in international and European law and its implementation with respect to Turkey…
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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Aralık 2021
ISBN:
978-625-432-079-8
Baskı:
1
On İki Levha Yayıncılık
Yayın tarihi:
Aralık 2021
ISBN:
978-625-432-079-8
Baskı:
1
Yazarlar:
Gamze Ovacık
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CONCLUSION
The purpose of this book is to bring a new perspective to the discussions on whether…
Building on the background of Turkey’s position in the global asylum scene and the…
Building on the international law analysis in the first chapter, the second chapter…
Problematic issues in Turkish judicial practices regarding international protection procedures…
The first problematic issue arising from Turkish case law assessing IP procedures,…
Review of Turkish court decisions reveal that the distinction between refugee protection…
Another aspect of IP assessment that the Turkish judges neglect concerns the scope…
The second legal issue concerning judicial practices on IP procedures relate to implicit…
The first category of judicial discrepancy in this regard consists of failure to…
The third legal issue to be criticized in Turkish case law on IP procedures concern…
The court decisions are problematic, first, because the administrative process after…
Moreover, substantially, at the time of decision making by the judge reviewing the…
Finally, such court decisions may be problematic in terms of right to impartial tribunal…
Problematic issues in Turkish judicial practices regarding removal procedures…
Having covered the judicial discrepancies in cases concerning IP procedures, the…
Accordingly, a category of Turkish court cases rely on security codes imposed concerning…
The other aspect regarding implementation of threat to public security or public…
The second category of judicial discrepancies related to removal procedures concern…
Non-specification of country of removal in Turkey, makes it impossible for the judges…
The third and final problematic issue in Turkish case law regarding removal procedures…
In fact, in order to arrive at such a different conclusion at merits stage after…
Problematic issues in Turkish judicial practices regarding administrative detention procedures…
Final set of Turkish court decisions analyzed for the purposes of this study relate…
The choice of criminal judges as the judicial body to review administrative detention…
The second problematic legal issue regarding the case law on administrative detention…
The third problematic area of judicial practice in this category concerns judicial…
The final problematic judicial practice relates to compensation for unlawful detention…
The second phase concerned the administrative detention practices in the period after…
The third phase started with the landmark decision of the CC on this subject dated…
When full remedy action for compensation related to administrative detention practices…
Policy recommendations…
Building on the summarized findings on problematic issues in Turkish judicial practices,…
Turkish court decisions from different locations and levels of courts, on IP, removal…
In order to enhance specialization, accumulation of expertise and uniform implementation…
In cooperation with international organizations, action should be taken for;…
o enhanced training of administrative judges who deal with cases on IP and removal…
o strengthening judicial dialogue among Turkish judges who work on cases related…
o enhancing judicial dialogue between Turkish judges and the judges of the ECtHR…
Judges reviewing appeals on IP procedures should consider that the harmful treatment…
With respect to adjudication related to implicit withdrawal, the courts should…
In the appeal of decisions on implicit withdrawal of IP, rather than limiting themselves…
Assessment should not be made regarding lawfulness of removal during the appeals…
The provision in Article 54(2) of LFIP which envisages possibility of removal of…
Legislation should be revised to include a detailed definition and indicators for…
Removal orders issued by the administration should specify the country of removal…
In the cases before the CC regarding removal, contrary to its current practice,…
Administrative judges should be authorized concerning administrative detention…
Scope of risk of absconding should be determined more clearly either through a…
Criminal judges of peace should not limit themselves with assessing the lawfulness…
CC should implement its case law on compensation for unlawful administrative detention…
4. Compensation for unlawful detention and effective remedy regarding detention conditions
REFERENCES
