On 11-12 October 2024, the "International Conference on Migration and Human Rights in the Light of the Judgments of the European Court of Human Rights and the Constitutional Court" was organized in collaboration with the Presidency of Migration Management of the Ministry of Interior, in Dolmabahçe, Istanbul. The conference gathered esteemed judges from the European Court of Human Rights (ECHR) alongside eminent participants. Among the distinguished attendees were the President of the Turkish Constitutional Court Mr. Kadir Özkaya, Vice-President Mr. Basri Bağcı, and Justices Mr. Engin Yıldırım, Mr. Rıdvan Güleç, Mr. Recai Akyel, Mr. Yusuf Şevki Hakyemez, Mr. Selahaddin Menteş, Mr. İrfan Fidan, Mr. Muhterem İnce, Mr. Yılmaz Akçil, Mr. Ömer Çınar and Mr. Metin Kıratlı, as well as the presidents and justices of high judicial bodies.

The opening remarks of the conference focusing on migration and human rights, were delivered by Ms. Saadet Yüksel, Judge of the ECHR, along with Mr. Ali Yerlikaya, Minister of Interior, and President Kadir Özkaya.

In his speech, President Özkaya emphasized that migration has emerged as a pressing security concern in recent years and that it has become a phenomenon profoundly influencing the administrative, economic, and social structures of states. He underlined the importance of migration policies to be regulated and implemented in accordance with the rule of law and human rights. President Özkaya acknowledged that migration stands as one of the most pressing global challenges of our time, affecting the lives of every nation. He stressed that collaborative efforts by states and international organizations, in this regard, are vital to halt the primary causes of migration, such as war, massacres, and ill-treatment, and to raise the level of welfare in underdeveloped societies.

Pointing out the widespread violations of the right to life, actions contravening the prohibition of ill-treatment and undermining human dignity across various regions of the globe, President Özkaya stated "Where there is no right to life, which the most fundamental of all rights, no other rights can be discussed." Touching on the grave human rights violations in Palestine, he remarked "Gaza endures a systematic blockade in disregard of international law. Tens of thousands of innocent people, including babies, children and women, are being punished, killed, and starved with a disproportionate violence that no objective conscience can accept. They are forced to live under conditions far worse than even the minimum level that could be considered average."

President Özkaya also underscored that harsh realities of oppression and violence unfolding in Palestine and Gaza, coupled with the economic hardships faced by millions globally, have compelled many to abandon their homes. He added that inadequate international response to this violence and the insufficiency of humanitarian aid have brought to the forefront of the urgent need to discuss a new concept, the right to migrate.

President Özkaya noted that significant advancements in case-law have been developed by both the ECHR and the Turkish Constitutional Court in safeguarding the rights of migrants and that these decisions have contributed to strengthening the rule of law by addressing the migration phenomenon from a human rights perspective. He continued:

"The safeguarding of the right to an effective remedy against violations of migrants' fundamental rights and freedoms has emerged as one of the priority issues for both the ECHR and our Constitutional Court. In particular, deportation orders and decisions on administrative detention and the protection of migrant children hold a significant place in our legal system. As the Constitutional Court, we are committed to advancing our case-law concerning the protection of fundamental rights and freedoms of migrants in line with national and international standards.”

Reaffirming the Constitutional Court's commitment to upholding both national and international standards in the development of its case-law to safeguard the fundamental rights and freedoms of migrants, President Özkaya added "We emphasize the need to ensure and protect the fundamental rights and freedoms of migrants, especially the right to life, and to prevent discrimination based on ethnicity, religion, or colour, as well as to eliminate all forms of hate speech."

In concluding his remarks, President Özkaya conveyed his sincere belief that the discussions to be made in the light of the case-law of the ECHR and the Constitutional Court in this program, prepared in cooperation with the Presidency of Migration Management, would significantly contribute to shaping migration policies in a more just and human rights-oriented manner. He also extended his gratitude to the Minister of Interior, the President of Migration Management, the judges of the ECHR, the presidents of the Court of Cassation and the Court of Accounts, the Chairman and justices of the Constitutional Court of the Republic of Azerbaijan, and the justices of the Constitutional Courts of Romania and Moldova, as well as to everyone who contributed to the organization of the conference.

Following President Özkaya's address, the program proceeded with sessions. The first session, moderated by Mr. Atilla Toros, President of Migration Management, featured presentations by Mr. Arnfinn Bardsen, Vice President of the ECHR and Mr. Basri Bağcı, Vice President of the Constitutional Court. The second session, moderated by Mr. Rıdvan Güleç, President of the Court of Jurisdictional Disputes and Justice of the Constitutional Court, featured the presentations from Ms. Lorraine Schembri Orland, Judge of the ECHR, Mr. İrfan Fidan, Justice of the Constitutional Court and Mr. İbrahim Topuz, Head of the 10^th Chamber of the Council of State. In the final session, moderated by Mr. Halil Koç, Head of the First Chamber of the Council of Judges and Prosecutors, presentations were delivered by Mr. Sebastian Radulețu, Judge of the ECHR, Mr. Yılmaz Akçil, Justice of the Constitutional Court, and Cengiz Aydemir, Justice of the Council of State.

The conference, followed by question and answer sessions after each panel, was concluded with closing remarks by Mr. Ferhad Abdullayev, Chairman of the Constitutional Court of the Republic of Azerbaijan, Mr. Arnfinn Bardsen, Vice President of the ECHR, Mr. Atilla Toros, President of Migration Management and Mr. Kadir Özkaya, President of the Turkish Constitutional Court.