If foreign nationals are convicted of drug crimes, in addition to criminal proceedings, deportation and entry ban decisions within the scope of the Foreigners and International Protection Law No. 6458 (YUKK) are brought to the agenda.
YUKK Article 54 - Reasons for Deportation
- Foreigners who were given a deportation decision within the scope of Turkish Penal Code Article 59 No. 5237.
- Aliens convicted of certain crimes (including drugs).
- Those who pose a danger to public order and security.
- Those who enter or stay in Türkiye illegally.
- Visa/residence violations.
Administrative Process
Administrative Detention Period
According to YUKK Article 57, the maximum administrative detention period is 6 months; If necessary, it can be extended for another 6 months. It cannot exceed 12 months in total. These periods must be followed meticulously for foreigners who are drug prisoners.
Prohibition of Return
YUKK Article 55 (non-refoulement principle): A foreigner cannot be deported if there is a risk of torture, inhumane treatment or death penalty in the country to which he is sent. This exception is absolute in accordance with Article 3 of the ECHR.
Administrative Jurisdiction
- A lawsuit for annulment may be filed with the administrative court within 15 days against the deportation decision.
- Request for stay of execution is required.
- Rights of appeal when the decision is made by the administrative court.
The Constitutional Court and ECtHR Path
After the administrative judicial remedy has been exhausted:
- Individual application to the Constitutional Court: Breakup of the family (ECHR Art. 8, respect for private life), ban on refoulement (Art. 3, prohibition of torture).
- ECHR: Within the scope of the ban on refoulement.
- Contact with the UN High Commissioner for Refugees (if refugee status is claimed).
Supreme Court and Council of State — Principle
The 10th Chamber of the Council of State and the administrative courts require that the principles of "proportionality" and "family unity" are observed in deportation decisions, and that the decision is made with reason and care for foreigners with spouses and children in Türkiye.
Practical Advice
Foreigners files require multidimensional legal support. Foreigners and criminal law lawyer should work together.