Türkiye'S RESPONSIBILITY TO COMBAT MIGRANT SMUGGLING
ENTRANCE
Irregular migration movements, accelerated by phenomena such as globalization, conflicts, and climate change, have become a serious border security and humanitarian crisis issue for the European Union (EU). Due to its geographical location, Turkey is an important transit country on the migration route towards Europe. Therefore, Turkey has developed numerous cooperation mechanisms with the EU. Foremost among these mechanisms are the Readmission Agreements
Readmission agreements, in the fight against migrant smuggling, encompass not only repatriation but also multifaceted obligations such as border management, combating crime, judicial cooperation, and the protection of human rights. This study systematically examines Turkey's obligations under the readmission agreements with the EU , including criminal law and administrative practices in the context of migrant smuggling , compliance with international law , Supreme Court precedents , and critical assessments
I. DEFINITION AND LEGAL NATURE OF READMISSION AGREEMENTS
A. What is a Readmission Agreement?
Readmission agreements are international legal documents in which signatory states agree to return to each other, under certain conditions, individuals who have illegally entered or remained in their territories. These documents can be both bilateral and multilateral.
B. Türkiye-EU Readmission Agreement (2013)
The Turkey-EU Readmission Agreement , signed between Turkey and the European Union on December 16, 2013, and which entered into force on October 1, 2014, is based on three fundamental elements:
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Repatriation (readmission) of third-country nationals
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Control of irregular migration to the EU
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Advancing the visa liberalization process
Under this agreement, Türkiye has committed to accepting third-country nationals who illegally cross into EU countries and are found to have passed through Turkish territory.
II. Türkiye'S RESPONSIBILITY TO COMBAT MIGRANT SMUGGLING
A. Definition of the Crime – Turkish Penal Code Article 79
The crime of migrant smuggling in Article 79 of the Turkish Penal Code and is defined as a type of crime that punishes facilitating the illegal passage of migrants in exchange for personal gain.
"Anyone who, with the intention of directly or indirectly obtaining material gain, brings a foreigner into the country, enables them to stay in the country, or facilitates their departure abroad, shall be punished with imprisonment from three to eight years and a judicial fine of up to ten thousand days."
B. Compliance with EU Standards
The readmission agreements signed with the EU do not only contain provisions regarding the return of migrants. They also stipulate that the signatory country undertakes the following obligations:
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Strengthening border security mechanisms
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Combating migrant smuggling at the criminal justice level
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Improving judicial cooperation processes
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Effective management of international protection applications
In this context, Türkiye's policies on combating migrant smuggling have been aligned with EU legislation and international legal norms.
III. LEGAL AND ADMINISTRATIVE MEASURES IN Türkiye AGAINST MIGRANT SMUGGLING
A. Legal Measures
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Criminal sanctions within the framework of Article 79 of the Turkish Penal Code.
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Law No. 6458 on Foreigners and International Protection (YUKK)
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Articles of the Turkish Penal Code No. 5237 relating to organized crimes
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Vehicles transporting illegal immigrants are prohibited from traffic under the Highway Traffic Law No. 2918
B. Administrative Practices
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Establishment of the Directorate of Migration Management
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Construction of repatriation centers
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Assigning special tasks to the Coast Guard and Gendarmerie Commands.
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border surveillance systems(supported by ASELSAN and EUROSUR)
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Capacity building with EU financial support funds (under IPA-II)
IV. RESPONSIBILITY IN THE CONTEXT OF INTERNATIONAL LAW
A. International Refugee Law
Turkey is a signatory to the 1951 Geneva Convention with a geographical limitation, granting refugee status only to refugees arriving from Europe. In this context, readmission practices should not conflict with the protection of refugee rights.
B. European Convention on Human Rights (ECHR)
According to Article 3 of the ECHR, it is prohibited to deport an individual to a country where their life would be endangered or where they would be subjected to inhuman treatment. Readmission agreements should not be implemented in a manner that contradicts this principle.
ECHR Judgment – Hirsi Jamaa v. Italy (2012): Italy's mass return of migrants from Africa to Libya was deemed a human rights violation.
V. PROPOSED SOLUTIONS
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A burden-sharing agreement based on equal responsibility should be established with the EU.
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Combating migrant smuggling requires not only punitive measures but also preventative policies.
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International protection application processes should be expedited and should not conflict with readmission procedures.
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Civil society organizations should be involved in the process.
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The use of EU funds should be more transparent and focused on human rights.
CONCLUSION
The Readmission Agreement signed between Turkey and the EU is not merely a return mechanism; it is a comprehensive cooperation that includes a holistic fight against migrant smuggling. Türkiye's obligations extend beyond the return of illegal migrants; they also encompass enhancing border security, harmonizing criminal legislation, and ensuring respect for fundamental human rights.
However, in this process, it is of great importance that policies to combat migrant smuggling human rights, criminal law principles , and international refugee law . Turkey's continuous review of its practices in this area is a requirement of respect for both the national legal order and international obligations.
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