This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Gözaltı: Süreler, Haklarınız ve İlk 24 Saatte Yapılacaklar.
Police custody restricts the liberty of a person who has not yet been convicted of anything. It is not a punishment but an investigative measure. As a rule it may not exceed twenty-four hours from the moment of apprehension, and the right to remain silent may never be treated as evidence against you.
This article sets out the custody periods, the rights a person holds by law, the typical mistakes made when giving a statement, and the route for challenging custody.
Apprehension and Custody Distinguished
Apprehension is the physical stopping of a person and bringing them under the control of the police. Custody is the holding of a person for a defined period, on the order of the public prosecutor, so that the investigation can be completed.
The police may not order custody of their own motion; the prosecutor's order is required. Custody is lawful only where it is necessary for the investigation and where there is concrete evidence suggesting that the person has committed an offence.
Custody must also not be confused with remand in detention: only a judge may order remand, and it arises after custody has ended.
Time Limits
Excluding the time strictly necessary to bring the person before the nearest judge or court, custody may not exceed twenty-four hours from the moment of apprehension. The necessary travel time may not exceed twelve hours.
For offences committed collectively, where the difficulty of gathering evidence or the number of suspects requires it, the prosecutor may extend custody by written order by no more than one day at a time, up to three days. The extension order is served on the person immediately.
When the period expires the person is either released or brought before a judge with a request for detention. Exceeding the period is unlawful and may give rise to a claim for compensation.
Your Rights
A person taken into custody holds rights conferred by law, and these must be communicated to them:
- The right to silence. You are not obliged to give a statement. Your silence may not be treated as evidence against you.
- Assistance of defence counsel. You may have the legal assistance of a lawyer at every stage; if you have none, an assignment is requested from the bar association. For certain offences the presence of counsel is compulsory.
- Notification of a relative. You may ask that a relative be informed that you have been taken into custody.
- Being told the accusation. You must be told clearly which act has led to your being taken into custody.
- Medical examination. A doctor examines you both on entering custody and on release. These reports are decisive where ill-treatment is alleged.
Common Mistakes When Giving a Statement
The most critical moment in custody is the statement, because what is said there shapes the whole file.
- Giving a statement without waiting for a lawyer. There is no need to hurry; there are situations in which a statement taken in the absence of counsel cannot be relied upon.
- Signing the record without reading it. If there is any difference between what is written and what you said, ask for it to be corrected before signing, and if the request is refused, record your reservation.
- Filling gaps with guesses. Saying “I do not remember” about a detail you cannot recall is better than giving a wrong date.
- Speaking on behalf of someone else. Describe only what you yourself know.
The statement is the first version of your defence; later stages will be compared against it.
Challenging Custody and What Follows
Apprehension, being taken into custody, or an extension of custody may be challenged before the magistrate's court for criminal matters. The application may be made by the person concerned, their defence counsel, their legal representative, their spouse, or relatives by blood of the first or second degree.
The judge decides the application within twenty-four hours; if the apprehension or custody is found not to have been justified, the judge orders release.
Even where the person is released at the end of custody, the investigation continues. It ends either with an indictment brought before the court or with a decision not to prosecute.
Where custody was unlawful, the period was exceeded, or rights were not communicated, compensation for protective measures may be claimed.
After Custody: Referral for Detention
When the custody period expires the prosecutor takes one of two courses: releasing the person, or referring them to the magistrate's court with a request for detention.
The questioning before the judge is a distinct stage from the statement taken in custody, and the assistance of defence counsel is available there too. The judge gives one of three decisions: release, judicial control, or detention.
Judicial control consists of measures such as an obligation to sign at a police station, a ban on leaving the country, an obligation not to leave one's residence, or an obligation to undergo treatment. The law states expressly that detention may not be ordered where judicial control is sufficient.
A detention order may be challenged; the objection is made by a petition submitted to the court that made the order and is examined by the next court up.
The most common worry is: “If I do not speak they will think I am guilty.” In law the position is the opposite — silence may not be treated as evidence against you. Waiting until your defence counsel arrives is an entirely ordinary right and does not count against you in the file.