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Regulation No. 1994/6169 on the Procedures and Principles related to Population Movements and Aliens Arriving in Turkey either as Individuals or in Groups Wishing to Seek Asylum either from Turkey or Requesting Residence Permission in order to Seek Asylum From Another Country (as amended in 1999)

Date of entry into force: 30 November 1994

In response to the Ministry of Interior’s letter of 1/7/1994, No. 173475, it has been decreed by the Council of Ministers on 14/9/1994 that the annexed “Regulation on the Procedures and the Principles Related to Population Movements and Aliens Arriving in Turkey either as Individuals or in Groups Wishing to Seek Asylum either from Turkey or Requesting Residence Permission in Order to Seek Asylum from Another Country" shall be enacted.

PART ONE - General Provisions

Purpose - Article 1

The purpose of this regulation is to determine the principles and procedures and to designate the bodies competent in respect of, aliens who individually seek refuge or seek residence in our country in order to seek refuge in other countries or as a group arrive at our borders for the purposes of refuge or asylum, or possible population movements, under the 1951 Geneva Convention relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees.

Contents - Article 2

This Regulation contains the measures, procedures to be undertaken, concerning the aliens who, legally or illegally, arrive in our country as individuals and wish to seek refuge or request residence permission in order to seek refuge in other countries, or who collectively arrive at our borders or cross our borders for the purposes of refuge or asylum, the bodies to be approached, and through whom decisions are to be made and co-operation undertaken, and [such bodies’] duties, and the principles to which aliens should be subject.

Definitions - Article 3

For the purposes of this regulation, whilst all definitions apply, which are stated in the 1951 Geneva Convention relating to the Status of Refugees, the Protocol of 31 January 1967 relating to the Status of Refugees and in other related laws, the following definitions shall be given to the following terms:-

Refugee: An alien who as a result of events occurring in Europe and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it;

Asylum Seeker: An alien who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Belligerent Foreign Army Member: A military person, allowed into or captured in Turkey, whose country of origin is in a state of war or armed conflict with a third country.

Individual Alien: A single person or a family [unit] consisting of a father, mother and minor children.

PART TWO - Procedures and principles related to individual aliens either seeking asylum from Turkey or requesting residence permissions in order to seek asylum from a third country

Authorities to be applied to - Article 4

Individual aliens who are either seeking asylum from Turkey or requesting residence permission in order to seek asylum from a third country shall apply within five days to [any] local governorate if they entered the country legally; and if they entered illegally, shall apply within five days to the governorate of the province where they entered the country.

Obligations of the Authorities to be applied to - Article 5

Individual aliens who either seek asylum from Turkey or request residence permission in order to seek asylum from another country:

(a) Shall be registered by taking their photographs and fingerprints.

(b) Shall be interviewed according to the 1951 Geneva Convention relating to the Status of Refugees.

(c) Interview documents, along with the comments of the Governorates shall be sent to the Ministry of the Interior.

(d) Pending further instructions from the Ministry of the Interior the alien shall be kept under surveillance.

(e) Further steps shall be taken following instructions from the Ministry of the Interior.

Decision-making Authority - Article 6

Applications of individual aliens who either seek asylum from Turkey or request residence permission in order to seek asylum from another country shall be assessed and a conclusion reached by the Ministry of the Interior by considering the rights stated in the 1951 Geneva Convention relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees, along with the opinions of the Ministry of Foreign Affairs and other relevant ministries and organisations.

The decision taken by the Ministry of the Interior shall be communicated to the alien by the Governorate.

Those aliens whose applications are accepted shall be accommodated in a guest house deemed suitable by the Ministry of the Interior or shall freely reside in a place which shall be determined by the Ministry of the Interior.

Those aliens whose applications not accepted shall be deported by the Governorate on instructions from the Ministry of the Interior.

Institutions with which co-operation is to be carried out - Article 7

In proceedings regarding individual aliens who either seek asylum from Turkey or request residence permission in order to seek asylum from a third country, there shall in principle be co-operation through the Ministry of Foreign Affairs with the United Nations High Commissioner for Refugees and other concerned international organisations, especially on aspects such as the giving of food and shelter, transport, resettlement, passport and visa problems regarding a third country. There shall also be co-operation with the International Organisation for Migration, particularly on aspects regarding the transportation of aliens.

PART THREE - Precautions to be taken against possible population movements and aliens arriving in Turkey in groups wishing to seek asylum

Precautions to be taken in the event of the beginning of a [population] movement for asylum and the arrival of aliens at our borders - Article 8-

As long as there are no political decisions taken to the contrary, and provided that Turkey’s obligations under international law are maintained, and taking into account its territorial interests, it is essential that population movements be stopped at the border, and that asylum seekers be prevented from crossing over into Turkey. Necessary and effective measures shall be taken by the relevant bodies on this matter.

PART FOUR -Action and precautions to be taken in the event of the acceptance of refugees and asylum seekers who come to our borders or enter Turkish territory in groups

Identification, seizure of arms and transportation - Article 9

In the first instance, refugees and asylum seekers shall be disarmed by military authorities. Subsequently,at a suitable border point, belligerent foreign army members and civilians shall be separated.Civilians shall be submitted to either police organisations or gendarmarie for transportation to camps which are to be established.

For belligerent foreign army members, law number 4104 on Belligerent Foreign Army Members Who Take Refuge in Turkey shall apply.

Protection - Article 10

Those who seek asylum from Turkey and take refuge in Turkey are under the protection and supervision of the state whilst they remain in Turkey.

Establishment of Camps - Article 11

Front-line assembly areas to shelter asylum seekers and refugees as close as possible to the border shall be designated by the Ministry of Interior in conjunction with the Turkish General Staff and shall be established by the Governorates.

Assembly areas shall be designated by the Ministry of Interior in conjunction with the Turkish General Staff and shall be established by the Governorates.

Settlement and Interview- Article 12

In order to prevent the accumulation inside our borders of aliens coming into Turkey by land, sea or air and to send them on to in-land areas safely, front-line assembly areas shall be established by the civilian authorities. Aliens assembled at these areas shall be sent on to [in-land] assembly areas.

Aliens who are to be sent to in-land assembly areas shall be interviewed and their statements taken either in their own language or in a language that they can understand. During the interview, they shall be obliged to state their name, surname, place and date of birth, status in their country of origin, their reasons for coming to Turkey, and (if any) the names and addresses of relatives living either in Turkey or abroad.

In addition, photographs and fingerprints shall be taken. While classifying them according to their nationalities, utmost care shall be taken to separate terrorists and those destructive to peace and security along with provocateurs, spies and saboteurs.

As far as is possible, care shall be taken to house refugees and asylum seekersaccording to their [common] laws and customs. These people shall be issued identification papers and registered at the registry office.

The documents related to those being traced by international organisations shall be made available to the Turkish Red Crescent Society on request.

Personnel to be Appointed - Article 13

Personnel to be appointed shall be selected by the ministries and organisations concerned under the co-ordination of the Ministry of Interior.

Obligations and Authority - Article 14

Camps established in the front-line assembly areas and [in-land] assembly areas shall be administered by the Governorate of the province where they are located. In order that they may establish front-line assembly areas and [in-land] assembly areas, the Governorates may temporarily utilise all buildings belonging to public bodies and institutions and establishments and if necessary, rent them from private persons.

The necessary equipment and furnishings for the administration of such camps shall be provided by the ministry and organisations in-charge upon the request of the Governorate concerned.

Protection and Discipline - Article 15

The Governorate responsible shall take all necessary measures for the protection and discipline of the refugees and asylum seekers in the front-line assembly areas and [in-land] assembly areas.

Unless it is deemed necessary to do otherwise, the statutes concerning the Regulation of Refugee Guest Houses and the Internal Rules of Refugee Guest Houses prepared by the Ministry of the Interior shall be enforced.

Refugees and asylum seekers wishing to leave the camps temporarily must obtain permission from local authorities. In addition, for those who are eligible, travelling and residence documents limited to Turkish boundaries shall be issued by the Ministry of the Interior after relevant ministries and organisations have been consulted in principle.

Visits by the representatives of Foreign State and International Organisations - Article 16

Following a favourable statement from the Ministry of Foreign Affairs, the Ministry of the Interior shall grant permission to the representatives of foreign states and international organisations to visit front-line assembly areas and [in-land] assembly areas. These visits, however, shall be subject to temporary restrictions where military necessities and national security require.

Public contact and receiving of visitors - Article 17

The principles regarding contact with the local public and receiving of visitors for refugees and asylum seekers shall be defined and enforced by the competent Governorate

Freedom of Religion - Article 18

Provided that discipline rules set by the competent Governorate are observed, refugees and asylum seekers may conduct religious ceremonies and worship as their faith requires. To this end, suitable locations shall be provided as the situation permissions.

Medical check-ups - Article 19

Refugees and asylum seekers shall be issued with medical cards and shall be given regular medical check-ups. In the event of a contagious illness, all necessary measures shall be taken by the competent Governorate and the authorities shall be informed.

The diagnosis and treatment for those who suffer from a serious illness or who require special treatment, medical intervention or hospitalisation, along with preventive vaccination shall be carried out in State Hospitals and expenses shall be covered by the general provisions. However, expenses incurred for organ transplants, prosthesis, orthodontics, haemodialysis or similar long term treatment of chronic cases shall not be covered and the person in question shall be responsible for the expenses regarding such treatment.

Death and Burial - Article 20

Those refugees and asylum seekers who die shall be buried in places set aside within the country’s designated cemeteries, or in their own cemeteries within the locality if they exist, with ceremonies conducted in accordance with their own religion and customs. The competent Governorate shall co-ordinate its activities with the institutions authorised in this matter. Any request communicated by the country of which the deceased was a national, shall be taken into consideration as much as the situation permissions.

Communication - Article 21

Means of communication for refugees and asylum seekers with their relatives shall be provided as much as possible. However, communications shall not be free of charge. Letters in any language and parcels sent or received by refugees and asylum seekers shall be inspected by the authorities.

Sending Aid - Article 22

Provided they are subject to inspection, food, clothing, medicine, material for religious education and entertainment purposes can be sent to refugees and asylum seekers both by postal and other means from Turkey or abroad.

Goods sent by foreign countries and international organisations for relief shall be distributed among refugees and asylum seekers by the Turkish Red Crescent Society under the supervision of the competent Governorate.

Exemption - Article 23

Whether or not refugees and asylum seekers are exempt from taxes, fees, levies and fund payments is stipulated by relevant legislation.

Rules of Co-ordination - Article 24

In order to implement the procedures that concern possible group entries across our borders and to ensure that necessary co-operation and co-ordination is achieved, the Ministry of the Interior or a state minister assigned by the Prime Minister shall chair a provisional high co-ordination board consisting of representatives from the Turkish General Staff, the Ministry of National Defence, the Ministry of the Interior, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Health, the Ministry of Communications, the Ministry of Agriculture and Village Affairs, other ministries and organisations concerned along with the National Intelligence Services and Turkish Red Crescent Society. The secretarial duties of this committee shall be performed by the Ministry in charge.

In provinces where similar duties are performed, a sub-committee consisting of relevant public organisations shall be established reporting to the Governor or a Deputy Governor appointed by the Governor.

Decisions taken by the high co-ordination board regarding group entries shall be carried out promptly by the ministries and organisations concerned according to their own [governing] regulations.

Obligations of the Turkish Red Crescent Society - Article 25

The Turkish Red Crescent Society shall undertake to:

(a) use all means and services within the framework of its own regulations, international conventions, international Red Crescent and Red Cross agreements, principles and protocols.

(b) Following a favourable opinion by the Ministry of Foreign Affairs, request material and financial aid from the International Federation of Red Cross and Crescent Societies and other organisations; and distribute the aid that is obtained.

(c) Co-operate with the Ministry of Health to give medical support.

(d) When deemed necessary, give support in the establishment of the camps.

PART FIVE - Common provisions to be applied to aliens arriving in turkey as individuals or in groups wishing to seek asylum either from turkey or requesting residence permissions from Turkey in order to seek asylum from a third country

Repatriation - Article 26

At the conclusion of a war, armed conflict or crisis the repatriation of refugees and those who seek asylum in groups shall be carried out by the Ministry of the Interior in co-ordination with the Turkish General Staff and the Ministry of Foreign Affairs.

Repatriation of individual cases shall be carried out by the Ministry of the Interior.

Work and Education - Article 27

Within the general provisions [of the law], possibilities for education and work, limited to their period of residence in our country, are to be accorded to refugees and asylum seekers.

Extension of Residence Permission - Article 28

Residence permission granted to individual aliens who seek residence permission in Turkey in order to seek asylum from another country may not be extended if after having been given reasonable time the aliens are still not able to go to a third country. Aliens in such situations shall be asked to leave the country.

Deportation - Article 29

A refugee or an asylum seeker who is residing in Turkey legally can only be deported by the Ministry of Interior under the terms of the 1951 Geneva Convention relating to the Status of Refugees orfor reasons of national security and public order.

An appeal against a deportation order may be made to the Ministry of Interior within fifteen days. The appeal shall be reviewed and ruled uponby an official one rank above the officer who previously made the deportation order, and this ruling shall be communicated to the person concerned by the competent Governorate.

Temporary Appointment - Article 30

In order to enforce this Regulation, a sufficient number of personnel shall be appointed on a temporary basis at the respective ministries, public organisations, frontline assembly areas and [in-land] assembly areas following a recommendation by the Turkish General Staff or the Ministry of Interior.

Personnel appointed on a temporary basis shall receive, if deserving, daily allowances through the organisations in which they are employed in accordance with the Daily Allowances Law, number 6245.

Legal Accordance - Article 31

This regulation has been drafted in accordance with the 1951 Geneva Convention relating to the Status of Refugees approved by LawNumber 359 on 29 August 1961, and the Protocol of 31 January 1967 relating to the Status of Refugees, which was implemented by a decree made on 25 September 1968 by the Council of Ministers, number 6/10733.

Entry into Force - Article 32

This regulation shall enter into force on the day of its publication.

Implementation - Article 33

The Council of Ministers is empowered to implement the provisions herewithin.

Topics: Aliens, Refugee/asylum law,