Any involvement in a criminal incident or an allegation of a crime against foreigners who are within the borders of the Republic of Turkey for tourist purposes or living as residents triggers a highly complex process that activates both judicial (criminal law) and administrative (immigration law) mechanisms simultaneously. The detention of a foreign individual, the confiscation of communication tools such as telephones, and subsequent arrest and imprisonment can completely cut off their communication with family members abroad or in Turkey. The lack of transparency and information in the process leads to irreparable losses of rights. This article has been prepared as a legal guide and crisis management roadmap for the families and legal representatives of suspects regarding the criminal procedures for foreigners, along with the administrative steps.
First Apprehension and Police Custody Stage
Although substantive criminal law is theoretically applied equally to everyone, practical procedural steps show significant differences for foreigners due to structural and linguistic barriers. In law enforcement centers (police/gendarmerie), it is common for suspects to be treated as if they were guilty even before the trial has started. This situation creates a deep psychological pressure on the foreigner, and it is not legally possible for family members to establish direct contact or meet with the person during the custody stage. Therefore, managing the process by an external lawyer is of vital importance within the scope of the criminal procedures for foreigners.
With the initiation of custody procedures, law enforcement confiscates the suspect’s passport, mobile phone, and all electronic devices. Article 147 of the Criminal Procedure Code (CMK) No. 5271 guarantees the indispensable rights of every individual taken into custody. The application of these rights for foreigners is as follows:
- Right to Silence: Pursuant to CMK Art. 147 and Constitution Art. 38, no one can be forced to make statements incriminating themselves or their relatives. The foreign individual has an absolute right to remain silent during law enforcement or prosecutorial interrogation. The use of this right does not mean admission of guilt and cannot be used as evidence against them.
- Right to Counsel (Lawyer): The person in custody has the right to meet with a lawyer in a private environment where no one else can hear, before the first statement and during the interrogation. It is mandatory for the state to appoint a free lawyer (CMK Lawyer) from the relevant Bar Association for foreigners who do not have the financial means to hire a private lawyer.
- Right to an Interpreter (CMK Article 202): If the suspect does not speak Turkish well enough to fully understand the charges and legal rights against them, it is mandatory for the state to assign a free and qualified interpreter for all official transactions and statement-taking processes. Statements taken without an interpreter are against the procedure.
- Right to Notification and Consular Notification: A foreigner taken into custody has the right to make a single phone call to inform a relative or a person designated by them about their situation. In addition, the foreigner has the right to request that their own country’s consulate be notified, and the exercise of this right is of critical importance for the international follow-up of the process.
- Mandatory Health Control: Pursuant to this safeguard aimed at preventing torture and ill-treatment, the person undergoes a medical examination in an independent state hospital just before entering the detention cell and immediately before being transferred to the courthouse. Taking these reports completely and accurately is essential for detecting potential rights violations in the future.
Transfer to the Courthouse, Arrest Decision, and Alternative Measures
Following the completion of the statement-taking procedures at the police station, the foreign individual is referred to the Chief Public Prosecutor’s Office. Following the prosecutor’s statement, the prosecutor may release the person or refer them to the Criminal Judgeship of Peace with a request for arrest.
The Risk of “Foreignness” in the Arrest Decision
Arrest is the most severe protection measure in Turkish criminal proceedings, and it can pose a major obstacle within the criminal procedures for foreigners. The fact that foreign suspects do not have a fixed residence in Turkey, their weak ties, and the possibility of returning to their countries are directly evaluated by courts as “suspicion of flight” and “the possibility of not being able to reach evidence”. Therefore, while a resident Turkish citizen might be released, the risk of an arrest decision being rendered against foreigners is statistically much higher.
Objections to arrest decisions given by the Criminal Judgeship of Peace must be made to a higher court within 2 weeks (14 days) from the pronouncement (reading to the face) or notification of the decision. Missing this period causes the duration of detention to be extended.
Alternative Measure: Judicial Control Mechanism
If the judge decides that the arrest measure would be too severe but releasing the person directly is also risky, they may issue a judicial control decision. The system in Turkey is not based on cash bail; rather, behavioral restrictions are applied:
- International Travel Ban: This is the most frequently applied measure for foreigners. The person’s passport is confiscated by the court, and an annotation is placed on the border control database (PolNet) to prevent them from leaving the country until the trial is over.
- Mandatory Signature Obligation: The suspect is required to go to the local police/gendarmerie center in their place of residence on designated days (once or several times a week) and sign.
- House Arrest (Not Leaving the Residence): The person’s ankle is fitted with an electronic shackle, making it legally forbidden to leave the boundaries of a specific residence.
- Financial Collateral: Rarely, depending on the judge’s discretion, it may be required to deposit a security financial amount into the state account to prevent the suspect from fleeing. If the person flees, this money is confiscated.
Prison Process, Family Communication, and Visitation Rules
The arrested foreigner is sent to the closed penal execution institution in the province where they were caught. In large cities, the prisons to which foreign detainees are transferred are usually specific. For example, male foreigners arrested in Istanbul are mostly sent to Maltepe No. 3 Closed Penal Execution Institution.
Strict Kinship Restrictions and Visitation Permits
Turkish prison legislation strictly limits the persons who can visit detainees to first-degree blood and marriage relatives. The list of people who automatically have visitation rights is as follows:
- Mother, father, spouse (only legally married spouse; religious marriages or non-marital partnerships are not recognized), children, siblings, grandfather, grandmother, grandchildren, uncle, maternal uncle, paternal aunt, maternal aunt, and nieces/nephews.
- Critical Documents for Foreign Visitors: In order for foreign family members to visit their relatives in prison, they must first obtain official civil documents (marriage certificate, birth certificate, etc.) proving their biological or legal connection with the convict from their own countries or consulates.
- It is mandatory for these documents to have an Apostille annotation or to be notarized with a certified translation in Turkey following consular approval.
- Along with the documents, official written permission must be obtained from the Execution Editorial Office of the Chief Public Prosecutor’s Office at the courthouse to which the prison is attached.
“Three Friends” Regulation Exception
Convicts have the right to notify the prison administration of the names of up to three non-relatives (friends, fiancés, etc.) using an official form within exactly 60 days from the date of their first admission to the prison. If this 60-day forfeiture period is missed, the persons on the list will be permanently denied visitation.
Phone Calls and Financial Support
In order for the detained foreigner to make phone calls with their family, the following documents must be submitted to the prison administration:
- Certified document showing the kinship bond (Translated and with Apostille).
- Operator subscription agreement of the phone line to be called (To verify that the line belongs to the relative).
- Photocopy of identity card or passport.
Depositing Money and Delivery of Belongings: In order for the detainee to meet their needs from the prison canteen, money must be deposited into the official IBAN account of the prison by writing the detainee’s “Name, Surname, and Foreign Identity Number (starting with 99) / Passport Number” in the explanation section. Clothes and belongings are delivered to the prison escrow unit between 09:00 and 17:00 on weekdays. Dark blue and orange clothing with military or political text prints, and stained or wet clothing are strictly not accepted inside prisons.
You can find the depositing money procedures here.
Deportation and Removal Centers (GGM) After Release
The biggest misconception regarding the criminal procedures for foreigners is the assumption that the process is completely over when released (or acquitted) by the criminal court or prosecutor’s office. Due to the “dual-track” nature of Turkey’s immigration and criminal legislation, a foreigner released by judicial authorities is not released by law enforcement forces and is immediately handed over to the officials of the Provincial Directorate of Migration Management.
Pursuant to Article 54 of the Foreigners and International Protection Law No. 6458 (YUKK), an administrative deportation process is automatically initiated against a foreigner involved in a criminal investigation or prosecution on the grounds that they “pose a threat to public order or public safety”. Regardless of the criminal law aspect of the file, administrative authorities tend to issue a deportation decision procedurally and keep the person under administrative detention in a Removal Center (GGM) until the deportation process is completed. Due to heavy bureaucratic procedures, consular correspondence, and travel document supply processes in GGMs, foreigners can be kept in these centers for up to 6 months even if they are judicially released. Lawsuits with a request for stay of execution must be filed in Administrative Courts and Criminal Judgeships of Peace within their legal periods against deportation and administrative detention decisions.
Scope and Limits of Consular Assistance
There is a major misconception in international law and among families that the embassy or consulate of the country of which the foreigner is a citizen can remove the person from custody or intervene in the Turkish judiciary. Consular officials are diplomatic officers subject to the Vienna Convention and the domestic legal rules of the host country; they are not legal representatives.
Limits of Authority of Consulates:
- What they can do: Visiting their citizens in custody, inspecting prison conditions, approving or issuing necessary official civil documents to facilitate communication with the family, providing a list of local lawyers.
- What they absolutely cannot do: Making a legal defense in court or undertaking attorney duties, canceling the decisions of Turkish courts or the Migration Management, acting as a legal guarantor for the innocence of the detainee, paying the financial expenses of the citizen such as private lawyer fees, medical aid, or GGM fees from state funds.
Therefore, instead of losing time by relying on consular assistance, it is the sole and absolute solution for families to receive professional and private legal consultancy/attorney support that will manage the process with both its criminal and administrative immigration law aspects throughout the criminal procedures for foreigners to protect legal rights.
If you need more information about criminal procedures for foreigners in Turkey, please contact us.
