Detention in Turkey: What Are My Rights? – Atty. Ozan Soylu

What is Detention in Turkey?

Detention in Turkey is the temporary restriction of a suspect’s freedom by law enforcement (police, gendarmerie) based on a prosecutor’s order. While an arrest warrant must be issued by a judge, a detention order does not require a judge’s approval.

Detention in Turkey is a legal measure for protection. Protective measures are procedural actions taken to ensure a proper criminal investigation, preserve evidence, and enforce the court’s verdict.

What Are the Reasons for Detention in Turkey?

For a prosecutor to order detention of a suspect, two conditions must be met simultaneously:

1. The necessity of this measure for the investigation,
2. The presence of concrete evidence indicating the suspect’s involvement in a crime (Criminal Procedure Code Art. 91/2).

The prosecutor cannot issue a detention order if both conditions are not met. In such cases, the prosecutor may summon the suspect for questioning or other procedures. If the suspect does not comply, a warrant for forcible escort may be issued instead.

The prosecutor can only resort to detention if it is absolutely necessary for the investigation. For example, if the suspect’s identity is unknown despite an arrest, detention may be ordered for identification purposes.

If certain procedures require the suspect’s presence, detention may be ordered for these reasons as well. For instance, if the suspect needs to undergo identification, location pointing, or fingerprinting, a detention order can be issued by the prosecutor.

What is the Duration of Detention in Turkey?

1. Detention Period in Individual Crimes:

The detention period cannot exceed 24 hours from the moment of arrest, excluding the mandatory time for the suspect to be brought before the nearest judge or court.

The mandatory time to bring the suspect before the nearest judge or court cannot exceed 12 hours. The detention period is calculated from the moment of arrest. Therefore, the maximum detention period in individual crimes is: 24 hours in detention + 12 hours travel time to court = 36 hours.

However, it should be noted that the 12-hour travel time is a maximum period and should be determined based on the distance in each specific case.

2. Detention Period in Collective Crimes:

Collective crime refers to offenses committed by three or more persons, regardless of a common intent. In collective crimes, due to the difficulty in collecting evidence or the large number of suspects, the prosecutor can extend the 24-hour detention period by up to 3 days, in 24-hour increments, through written order.

In collective crimes, the 24-hour detention period can be extended by up to 3 additional days, resulting in a maximum total of 4 days of detention.

The prosecutor’s order to extend the detention period in individual or collective crimes must be immediately notified to the detained person. As explained below, the detained person has the right to appeal the detention order and the extension of the detention period.

What Are the Rights of a Detained Person in Turkey?

A detained person has several rights. Foremost among these is the obligation to bring the arrested person before a judge within twenty-four hours. The arrested person cannot be held for an extended period; they must be brought before a judge within this time frame.

Additionally, the detained person must be informed of their rights and the matters they can appeal. This obligation must be fulfilled by law enforcement in writing or, if not possible, orally, to be documented later, but must be done immediately.

Among the rights of an arrested or detained person are the right to legal counsel, the right to an interpreter if they are foreign, the right to notify relatives, the right to remain silent, and the right to appeal. Some of the most important rights are explained below.

The Right to Remain Silent

The detained or arrested person has the right to remain silent. In other words, the person is not obliged to answer questions other than those concerning their identity. They cannot be forced to provide information or evidence against themselves. This right allows the person to freely decide whether to testify in their favor or against them. Therefore, reminding the person of their right to remain silent ensures a transparent and fair legal process.

The Right to Legal Counsel and Defense

In criminal procedure law, “defense counsel” refers to the suspect’s or accused’s lawyer. The Criminal Procedure Code extensively regulates the right to legal counsel.

During the investigation phase, up to three defense counsels can be present during questioning.

At every stage of the investigation and prosecution phases, the defense counsel’s right to meet with the suspect or accused, be present during questioning or interrogation, and provide legal assistance cannot be hindered or restricted.

If the suspect or accused declares that they cannot appoint a defense counsel, the bar association will appoint one upon request.

For crimes requiring a minimum prison sentence of five years, a defense counsel is appointed without the need for a request.

Can I Notify My Relatives If I Am Detained in Turkey?

When a suspect or accused is detained or their detention period is extended, they can immediately notify a relative or a designated person upon the prosecutor’s order (Criminal Procedure Code Art. 95/1).

If the detained person is a foreign national, their consulate will be notified, unless they object in writing (Criminal Procedure Code Art. 95/2).

Can a Detained Person Meet with Their Relatives?

Only the lawyer is granted the right to meet with the detained person. Relatives or friends do not have the right to meet with the detained person. Despite the lack of a legal right, there is no legal obstacle to allowing the detained person to meet with their relatives.

In practice, the police often allow relatives to meet with the detained person at police stations. However, police departments such as organized crime, counter-terrorism, and narcotics divisions typically do not allow meetings with relatives, except in rare cases.

Is Phone Use Allowed in Detention?

Using a phone in detention is prohibited. Electronic devices in the possession of the detained person are confiscated by law enforcement.

Compensation for Ill-Treatment in Detention

The procedures of a person detained under the prosecutor’s instructions are carried out under the prosecutor’s responsibility. Individuals subjected to ill-treatment or torture by law enforcement personnel (police, gendarmerie, etc.) during detention have the right to file a compensation claim.

Compensation claims for ill-treatment or torture in detention are handled by the civil courts of first instance.

Appeal Against Detention Order or Extension in Turkey

As detention or extension orders interfere with personal freedom, the suspect or certain relatives have the right to appeal these measures.

The following individuals can appeal the prosecutor’s written detention or extension orders:

1. The detained suspect,
2. The suspect’s defense counsel (lawyer),
3. The suspect’s legal representative (e.g., parents for minors or a guardian),
4. The suspect’s spouse,
5. The suspect’s first or second-degree relatives (parents, siblings, grandparents, grandchildren) can appeal to the magistrate judge for immediate release (Criminal Procedure Code Art. 91/5).

The magistrate judge reviews the appeal based on documents and must decide within 24 hours. If the judge finds the detention or extension justified, the appeal is rejected; otherwise, the judge may order the suspect to be immediately presented to the prosecutor with the investigation file (Criminal Procedure Code Art. 91/5).

What is an Additional Detention Order?

An additional detention order extends the normal detention period based on the nature of the crime committed.

The additional detention order is issued by the prosecutor. In practice, the additional detention period is granted through a “detention extension” order (Criminal Procedure Code Art. 91).

Where is a Detained Person Held?

The detained suspect is held in a “custody room” at police stations or gendarmerie posts designated for detention.

The custody room is designed for suspects or accused persons to be held until their proceedings are completed and they are transferred to judicial authorities (Regulation on Apprehension, Detention, and Statement Taking Art. 4).

What Happens After Detention?

After detention, the detained person is placed in custody. Subsequently, the police act according to the prosecutor’s orders and instructions.

What Procedures Do Detained Persons Undergo in Turkey?

Detained persons are first taken for a medical examination to document their health status during detention. Upon release, they are also taken for a medical examination, facilitating the investigation of torture or ill-treatment claims.

Detained persons are placed in custody. They must be treated in a manner that respects human dignity. Applying prohibited interrogation methods to detained persons is illegal.

Can a Detained Person Be Brought Before a Prosecutor or Judge Before the Detention Period Expires?

The detention period is the maximum time a detained person must be brought before a judge. Therefore, a suspect can be brought before the prosecutor or judge before the detention period expires.

What is the Difference Between Detention and Arrest?

The difference between detention and arrest lies in the conditions, authorities, and duration of each measure.

A judge or court orders the arrest measure. The prosecution office orders the detention measure.

The detention measure continues from the moment of arrest until the person is either released by the prosecution or brought before a judge. The detention measure ends when the person is released or brought before a judge. Arrest results in the person’s freedom being restricted by a judge’s order and being sent to prison.

A judge requires strong suspicion of

a crime to issue an arrest warrant, while a prosecutor needs reasonable suspicion to order detention. Thus, issuing a detention order is easier than an arrest warrant with the same evidence.

Can a Person Be Detained Twice for the Same Incident in Turkey?

A person released due to the expiration of the detention period or by a magistrate judge’s order cannot be detained again for the same incident unless new and sufficient evidence is obtained, and a prosecutor issues a new detention order (Criminal Procedure Code Art. 91/6).

What is the Process After Detention?

The process after detention depends on whether the prosecution decides to release the suspect during the police or gendarmerie phase. The prosecution may request the suspect to be brought to the courthouse. If the prosecution does not release the suspect at the courthouse, they may be referred to a magistrate judge for arrest or judicial control.

 

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