A foreign national suspected of an offence in Turkey has the same procedural rights as a citizen, together with two additional ones: an interpreter, and notification of their consulate.
The Turkish pages cover this subject at greater length, with worked examples and petition templates: Ceza Hukuku.
Detention and Its Limits
Police custody may not exceed twenty-four hours from apprehension, excluding the time strictly required to bring the person before a judge, which may not itself exceed twelve hours. For offences committed collectively the prosecutor may extend custody by up to three days, one day at a time.
At the end of that period the person is either released or brought before a judge with a request for arrest. Apprehension, custody and any extension may be challenged before the criminal judgeship of peace, which decides within twenty-four hours.
Rights During Questioning
- Silence. There is no obligation to give a statement, and silence may not be treated as evidence against the person.
- Defence counsel. A lawyer may be present at every stage; where none is appointed, the bar association assigns one, and for certain offences the presence of counsel is mandatory.
- Interpreter. A person who does not speak Turkish sufficiently is entitled to an interpreter at no cost, both during questioning and at trial.
- Notification. A relative must be informed of the detention, and a foreign national may have their consulate notified.
- Medical examination on entering and leaving custody.
Judicial Control Instead of Arrest
Where grounds for arrest exist, the judge must consider whether judicial control would suffice; if it would, arrest may not be ordered. Measures include a reporting obligation, a ban on leaving the country, residence conditions, a security deposit and electronic monitoring.
A ban on leaving Turkey is the measure that most affects foreign nationals. It may be challenged, and an application to lift or relax it may be made as the file progresses; grounds include the completion of evidence-gathering and stable ties.
Course of the Case
The investigation ends either with an indictment or with a decision that there are no grounds for prosecution. The latter may be challenged by the complainant within fifteen days of notification.
Where the indictment is accepted, restrictions on access to the file are lifted and the defence may examine the entire case file. For a defined group of offences, conciliation between the parties may end the case; it is a mandatory stage where it applies, and its omission is a ground for returning the indictment.
Frequently Asked Questions
Twenty-four hours from apprehension, excluding transfer time. For collectively committed offences the prosecutor may extend this by up to three days.
Yes, at no cost, both during questioning and at trial, if you do not speak Turkish sufficiently.
You may request that your consulate be notified of your detention.
An application may be made to lift or relax judicial control measures as the investigation progresses; a refusal may be appealed.