EXPLORING THE NON-REFOULEMENT PRINCIPLE IN THE ECTHR JURISPRUDENCE: SYRIANS UNDER TEMPORARY PROTECTION IN TÜRKIYE AS A CASE STUDY

Abstract

This paper examines whether Türkiye can legally implement a repatriation policy for SuTPs under the lex lata of the ECHR and ECtHR jurisprudence. To do so, the current paper attempts to analyze Türkiye and Syrians under Temporary Protection (SuTPs) as a case study on whether Turkish authorities can legally initiate repatriation processes for SuTPs. Indeed, the World’s leading refugee hosting country, Türkiye, has implemented several policies to maintain the voluntary repatriation of SuTPs, especially after the economic, political, and social backlashes became visible. Although the jus cogens norm of non-refoulement cannot be breached, host countries are still concerned about determining when it is legal to repatriate refugees after extensive hosting periods. This research, therefore, explores the nuances of the implementation of SuTPs’ repatriation by Turkish authorities without breaching the limits of the nonrefoulement principle in accordance with ECtHR jurisprudence. The paper concludes that international cooperation for peaceful solutions in conflict areas and providing reliable information for the safety of returnees to the international community are essential for initiating repatriation programs. Hence, Türkiye should cooperate with other countries to acknowledge the international community for the safety of returnees, that is, cooperation for peaceful solutions among all parties, and eliminate accusations of breaching the non-refoulement principle during the repatriation policy.