Türk Anayasa Mahkemesi’nin Bireysel Başvuru Kararları Işığında Uluslararası Koruma Usulünden Kaynaklanan Mülteci Haklarının Korunması

Abstract

Turkey, particularly due to the political circumstances of its eastern neighbours, has always been an asylum state. Currently, as the primary asylum country for refugees with more than 3.5 million Syrians in its territories, the provision of international protection to these refugees in Turkey is vital. The individual application mechanism to the Constitutional Court, as a subsidiary protection mechanism in domestic law, can be crucial in this context. In addition to legislative regulations, especially with this mechanism, constitutional rights that are also applicable to refugees can be realized. Thus, this article has two main aims. The first aim is to address protection of refugees’ rights with respect to the principle of non-refoulement, which finds its place in the Constitutional Court's precedent. In this context, the article examines the interim measures within the framework of article 17 of the Constitution (‘personal inviolability, corporeal and spiritual existence of the individual’) and the final decisions within the scope of article 17, article 19 (‘right to personal liberty and security’) and article 40 (‘protection of fundamental rights and freedoms’). Concordantly, the second aim is to demonstrate the deficiencies particularly in the practice of the Turkish asylum system, which are indicated in these decisions.