6458 Sayılı Yabancılar ve Uluslararası Koruma Kanunu'nda İdari Gözetime Alternatif Yükümlülüklere İlişkin Düzenleme Yapılmasının İnsan Hakları Bağlamında Değerlendirilmesi

Abstract

This thesis examines alternative obligations to administrative detention as a policy tool that can prevent human rights violations, alongside the position and significance of such obligations within Turkish Foreigners Law, particularly following the amendments made to the Law on Foreigners and International Protection No. 6458 in 2019. In order to demonstrate the place and importance of alternative obligations to administrative detention in safeguarding the fundamental human right to liberty and security, considerable emphasis is placed on the institution of administrative detention within the study. The first part of the study addresses administrative detention and alternative obligations to administrative detention in international law, including international treaties, binding and non-binding texts, examples of best practices from various countries, and the approach of the European Court of Human Rights to the issue. The second part examines administrative detention and alternative obligations to administrative detention in Turkish law, focusing on legislative and secondary regulatory provisions, institutional structures for the implementation of alternative obligations, as well as the approaches of the Constitutional Court, Criminal Court of Peace, and Administrative Courts on the matter. It also explores the contribution of alternative obligations to administrative detention in the context of human rights and identifies areas for further development. The study concludes that, in comparison to administrative detention, which may restrict personal liberty and security, the application of alternative obligations to administrative detention, where appropriate, presents a more human rights-compliant perspective.