Detention in Turkey: What to Do if You Are Detained in Turkey?

The Institution of Detention in Turkish Criminal Procedure Law

Criminal procedure law is a set of rules that ensures the delicate balance between the state’s authority to punish and the individual’s liberty. One of the most critical points of this balance is the protective measures applied before the verdict is finalized. Detention, which is one of the most common protective measures restricting liberty in the Turkish legal system, is under strict supervision through constitutional guarantees and international conventions. Within the framework of the Code of Criminal Procedure (CMK) No. 5271, detention refers to the temporary deprivation of liberty of a person suspected of having committed a crime for a certain period to complete the investigation. This report examines the institution of detention from its material conditions to its legal consequences, from the rights of the suspect to the effects of recent judicial packages from both academic and practical perspectives.

Legal Nature and Basic Characteristics of the Detention Measure

Detention is not a “punishment” but a “tool” used for the healthy conduct of the procedure. In the modern criminal justice system, protective measures serve public purposes such as protecting evidence during the search for material truth and preventing the suspect from escaping. There are five basic principles that determine the legal characteristics of the detention measure. First, according to the principle of “personality,” the detention process can only be applied to the person under suspicion of a crime; detaining a family member or relative instead of the suspect is contrary to the principle of the rule of law. Second, the feature of “instrumentality” emphasizes that detention is not an end in itself but a step to ensure the safety of the trial or more severe measures such as arrest when necessary.

The principle of “temporariness” guarantees that detention is limited to the maximum periods specified in the law and that the person will either be released or brought before a judge at the end of these periods. The “apparent justification” criterion requires a reasonable appearance of the existence of a suspicion of a crime at the moment the measure is applied. Finally, the principle of “proportionality” states that if the objective can be achieved with a lighter measure other than detention (for example, only taking a statement or judicial control), this liberty-restricting measure should not be resorted to.

Material and Formal Conditions of Being Detained

In order for a person to be detained, two basic material conditions regulated in Article 91/2 of the CMK must exist together. The lack of these conditions renders the process unlawful and gives rise to the state’s liability for compensation.

Necessity for Investigation and Concrete Evidence Criteria

The first material condition of the detention decision is that the measure is “necessary” for the investigation. This necessity must be based on concrete data such as evidence not yet being collected, the inability to determine the suspect’s identity, or the risk of escape. If only taking the suspect’s statement is sufficient to complete the investigation, placing the person in a detention cell is contrary to the principle of proportionality.

The second and most vital condition is the existence of “concrete evidence” showing the suspicion that the person committed a crime. The “concrete evidence” condition, introduced by the law amendment in 2014, aims to prevent the restriction of a person’s liberty based on abstract allegations or only the opinion of the law enforcement. In Supreme Court practices, the nature of the crime and the suspect’s role in the incident are meticulously evaluated while seeking the existence of concrete evidence. Detention decisions resorted to without concrete evidence are subject to violation decisions before the Constitutional Court and the European Court of Human Rights (ECHR).

Decision-Making Authority and Procedure

As a rule, the authority to give a detention decision belongs to the Public Prosecutor. In accordance with Article 90/5 of the CMK, the Public Prosecutor is immediately informed about the person caught by the law enforcement, and the prosecutor decides whether the person should be released or detained for the completion of the investigation.

The prosecutor’s detention order should normally be in writing; however, in urgent cases and cases where delay is harmful, it can also be given orally. For an oral order to be valid, it is a legal obligation to put the order in writing and add it to the file at the latest before the detention period expires and the suspect is removed from the detention cell. The absence of a written order constitutes a ground for the immediate release of the person in objections to unfair detention.

Authority of Law Enforcement Superiors to Give Detention Decisions

With the amendment made in our legal system in 2015 (Law No. 6638), law enforcement superiors to be determined by the local administrative authority were also granted the authority to give limited-time detention decisions regarding some serious crimes and social events. This authority is an exceptional transfer of judicial power and is limited only to flagrante delicto cases and certain catalog crimes.

Table 1: Scope and Application Principles of Detention by Law Enforcement Superiors

These decisions given by the law enforcement superior start as an administrative process and evolve into a judicial process. After the detention decision of the law enforcement superior ends, the file is transferred to the prosecutor’s office, and general provisions are applied from this stage onwards.

Detention Periods and Calculation Method

Detention periods start from the moment of “actual apprehension” when the person’s liberty is restricted. Correct calculation of the period is essential to prevent the crime of deprivation of liberty and for the effectiveness of legal remedies.

Period Regime in Individual Crimes

In crimes committed individually, the detention period cannot exceed 24 hours from the moment of apprehension. To this period, the “road time” required to send the suspect from the place of apprehension to the nearest judge or court is added.

• Detention Period: 24 Hours.

• Maximum Road Time: 12 Hours.

• Total Maximum Period: 36 Hours.

The fact that the road time is determined as 12 hours does not mean that this period will be used in full in every incident. If the distance is short, road time should be kept at a reasonable level; arbitrary extensions constitute unlawfulness.

Extension of Period in Collective Crimes

Collective crime refers to crimes committed by three or more people, even if there is no intent of participation among them. In case of difficulty in collecting evidence or the large number of suspects, the Public Prosecutor may extend the period with a written order.

• Initial Period: 24 Hours.

• Extension Limit: At most 3 times, one day each time.

• Total Maximum Period: 4 Days.

Extension decisions must be immediately notified to the suspect or their defense counsel. According to the precedents of the Constitutional Court, the 4-day period in collective crimes can only be used in full in mandatory cases; if procedures finish early, the suspect must be referred to the prosecutor’s office without delay.

Terrorist Crimes and Current Legislation

The 12-day long detention periods previously applied for crimes within the scope of the Anti-Terror Law (TMK) ended as of 2022. Currently, general CMK provisions and the special periods in Provisional Article 19 of the Anti-Terror Law are applied for terrorist crimes.

Table 2: Detention Periods Matrix by Crime Category

The Supreme Court can accept 57-hour detention periods as “reasonable” in comprehensive files such as terrorist organization membership or organized crimes, considering the number of suspects and diversity of evidence in the file.

Detention Process and Application Principles

The Regulation on Apprehension and Detention regulates the process from the person’s entry into the detention cell to their exit in detail. Protecting the physical and mental integrity of the suspect during this process is the positive obligation of the state.

Health Control and Physician Examination

Health control is the most important “monitoring” mechanism of the detention process. The aim is to prevent possible allegations of torture or ill-treatment by documenting the physical condition of the suspect at the moment they enter the detention cell.

• Reporting: The suspect is absolutely subjected to a physician’s check at the moment of being taken into detention and at the end of the detention period (when being released or referred to the courthouse).

• Privacy: During the examination, the physician and the patient are left alone; it is strictly forbidden for the law enforcement officer to be in the room. Care is taken to have female personnel present during the examination of female suspects.

• Special Circumstances: Those with chronic illnesses may also be examined in the presence of their own physicians upon request. If the physician feels that the report was prepared under pressure, they are obliged to report this situation to their professional organization.

Detention Cell Conditions and Registration System

The physical conditions of detention cells must be suitable for human dignity. According to standards, detention cells must be at least 7 square meters wide, 2.5 meters high, and must receive sufficient natural light/ventilation. Money and valuable items found on the suspect are taken under protection with a report, and a copy is given to the person.

All transactions are recorded in the “Book of Records for Those Taken into the Detention Cell.” Every detail, such as entry-exit times, notified relatives, defense counsel information, and meals received, is included in this book. Public prosecutors are responsible for regularly inspecting these books and detention cells.

Rights of the Suspect in Detention

The suspect in the detention stage is at the most vulnerable point of the right to defense. For this reason, the legislator has granted the suspect a series of indispensable rights.

Right to Benefit from the Assistance of a Defense Counsel (Lawyer)

The suspect can benefit from the legal assistance of one or more lawyers at every stage of the detention process.

• Confidentiality of Interview: Interviews with the lawyer are conducted in an environment where others cannot hear, and these interviews cannot be recorded.

• No Power of Attorney Requirement: A power of attorney is not sought from the lawyer to meet with the suspect in detention or to be present during their statement.

• Free Lawyer: If the suspect declares that they are not in a position to choose a lawyer, a free defense counsel is assigned to them by the bar association. In some crime types (children or crimes with a minimum prison sentence of more than 5 years), the assignment of a lawyer is mandatory.

Right to Remain Silent and Information

The suspect is reminded that they have the “right to remain silent” after the crime they are charged with is explained. The suspect, who is obliged to answer questions about their identity correctly, has the right not to make a statement regarding the material facts of the imputed crime. In addition, there is the right to request the collection of evidence in their favor.

Informing Relatives

The situation of the person taken into detention is reported without delay to a relative they designate or a person they trust. If the suspect is a foreign national, they have the right to have a notification made to the consulate of the state they are a citizen of. Pursuant to the Vienna Convention, this notification must be made “ex officio” regardless of the suspect’s request; failure to make the notification is considered a procedural error that damages the fairness of the trial.

Detention Regime for Special Status Groups

Children and foreigners are under more sensitive legal protection during the detention process.

Children Dragged into Crime (SSÇ)

Detention procedures for children are carried out within the framework of the “Child Protection Law” and relevant regulations.

• Statement Prohibition: Law enforcement forces cannot take the statement of a child dragged into crime. The statement of children can only be taken by the Child Prosecutor personally or by an expert under the prosecutor’s instruction.

• Keeping Separately: Children cannot be placed in the same detention cell as adults; they are kept in child bureaus or special units reserved for children.

• Handcuff Prohibition: Handcuffs or similar binding tools cannot be put on children; however, if there is a risk of escape or harming someone else, proportional measures can be taken exceptionally.

• Parental Notification: In case of apprehension and detention of the child, notification to the parents or guardian is not optional but mandatory.

Foreign Suspects and Consular Notification

In case of detention of a foreign national, it is mandatory to inform consular units in accordance with international conventions to which Turkey is a party.

• Interpreter Support: If the suspect does not know Turkish, a free interpreter must be provided to them during the notification of their rights and taking of their statement.

• Diplomatic Protection: Consular officers have the right to visit their citizens in detention, correspond with them, and help provide legal representation. Since the lack of notification is in the nature of restricting the right to defense, statements taken at this stage may fall within the scope of “prohibited evidence.”

Legal Remedies Against the Detention Decision

Although the detention decision is not a judge’s decision, the way for judicial review against this measure is open. The aim is to prevent unfair restrictions of liberty.

Objection to the Criminal Judgeship of Peace

In addition to the suspect, their defense counsel, or legal representative; their spouse, first or second-degree blood relatives (mother, father, child, sibling) can object to the detention decision or the extension of the period.

• Authority: The objection is made to the Criminal Judgeship of Peace at the place where the detention process is carried out.

• Decision Period: The judge examines the file over documents and gives their decision within 24 hours at the latest.

• Result: If the judge finds the objection justified, they decide on the immediate release of the person or their presence at the prosecutor’s office.

Compensation Due to Unfair Detention (CMK 141)

In case the detention process is unlawful or it is understood that the person is innocent in the end, the state’s liability for compensation arises. This right is a requirement of the principle of the rule of law.

Circumstances Where Compensation Can Be Requested:

• Those caught or detained without legal conditions being met.

• Those not brought before a judge within the legal detention period.

• Those whose fundamental rights (informing relatives, etc.) are restricted while in detention.

• Those for whom it is decided that there is no ground for prosecution (non-prosecution) or who are acquitted after being detained.

Lawsuit Procedure and Criteria:

The compensation lawsuit must be filed in the Assize Court within 3 months from the finalization of the decision and in any case within 1 year. The plaintiff can request the compensation of material (loss of earnings, lawyer’s fee) and moral (sorrow, grief, loss of reputation) damages suffered.

Table 3: Unfair Detention Compensation Evaluation Criteria

The 12th Criminal Chamber of the Supreme Court emphasizes that compensation should not be a “means of enrichment” but should be at a reasonable level to alleviate the person’s pain.

11th Judicial Package and Deduction of Detention Periods

The 11th Judicial Package, which became law in December 2025, has strengthened the effect of detention periods on the execution regime.

• Deduction System: Every minute the person spends in detention is deducted from their sentence if they receive a conviction.

• Ease of Execution: According to the new package, for crimes before 31.07.2023, if the person has previously stayed in detention or arrest for at least 1 month, they can be deemed to have fulfilled the condition of staying in a closed prison and can directly gain the right to leave for an open prison. This situation has caused detention periods to carry the nature of an “execution credit” for convicts.

Other Legal Consequences of the Detention Decision

Detention is not only a restriction of liberty but also creates effects on administrative and judicial records.

• GBT Record: The detention process is recorded in the police GBT system; however, this is not a criminal record.

• Criminal Record: The detention decision is not recorded in the criminal (conviction) record. Only finalized convictions enter this record.

• Right Not to Be Tarnished: It is forbidden to exhibit the suspect while in detention, to bring them before the press, or to launch them as “guilty”; this situation is a violation of the presumption of innocence.

Conclusion and General Evaluation

The institution of detention in Turkish Criminal Procedure Law represents the balance between the state’s authority to protect public order and the individual’s constitutional immunity. The comprehensive analysis of this report shows that the lawfulness of the detention measure is measured not only by compliance with periods but also by keeping the suspect in an environment respectful of human dignity, allowing the effective use of defense rights, and the speed of judicial review.

The 24-hour basic period regime, extension possibilities in collective crimes, and execution advantages introduced with the 11th Judicial Package reveal the dynamic structure of the system. Especially the special protection mechanisms provided for children and foreigners reflect Turkey’s effort to comply with international human rights standards. However, in practice, the use of the law enforcement superiors’ detention authority in accordance with the principle of proportionality and the preparation of health reports in privacy continue to be the most critical thresholds in preventing rights violations. The fact that every individual exposed to an unfair process has the right to compensation in accordance with CMK 141 serves as a barrier against the risk of the system making mistakes. Individuals and legal professionals knowing their rights and obligations in this process deeply is the most basic guarantee of a fair trial process.